• SET6.1 Who does this apply to?
• SET6.2 Is a fee payable?
• SET6.3 Which requirements of the Settlement Rules have to be met?
• SET6.4 How does "present and settled" apply to members of the Diplomatic Service/British Council/HM Forces/ DFID?
• SET6.5 How does a tour of duty/full posting overseas affect the 24 month probationary period for a spouse/ civil partner?
• SET6.6 Returning Residents: will Indefinite Leave to Remain (ILR) status be lost if the tour of duty overseas is longer than two years?
• SET6.7 The Knowledge of language and life in the UK (KOL) provision

See other guidance information SET01- Fiancé(e)s SET02 - Proposed civil partners SET03 - Spouses SET04 - Civil partners SET05 - Unmarried and same sex partners SET07 - Children SET08 - Parents, grandparents and other dependants SET09 - Returning residents SET10 - Family reunion SET11 - Retired persons of independent means SET12 - Former members of HM Forces & families SET13 - Overseas divorces SET14 - Polygamous potential polygamous marriages SET15 - Domicile SET16 - Knowledge of language and life in the UK (KOL provision) Settlement (SET) - Spouses  SET7.24 - (Children) Inter-country surrogacy  

SET6.1 Who does this apply to?

A sponsor who is either:

• a permanent member of the UK Diplomatic Service while undertaking a tour of duty overseas; or
• a comparable UK-based member of the British Council while undertaking a tour of duty overseas; or
• a member of HM Forces while undertaking a tour of duty overseas; or
• a permanent member of DFID on a full overseas posting (where the DFID employee is a British citizen or is settled in the UK).

Officers from other government departments are not covered.

 

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SET6.2 Is a fee payable?

Yes. Spouses / Civil Partners / Unmarried or Same-sex partners of members of the Diplomatic Service / British Council / HM Forces / DFID still have to pay the relevant fee.

 

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SET6.3 Which requirements of the Settlement Rules have to be met?

All the requirements (see SET1-4 sections on spouse, civil partner, fiancé(e), proposed civil partner, unmarried or same-sex partners) have to be met. But see sections below on how 'present and settled' applies, the probationary period and returning residents.

 

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SET6.4 How does "present and settled" apply to members of the Diplomatic Service/British Council/HM Forces/ DFID?

While undertaking a tour of duty  / full posting overseas, the following are regarded as being "present and settled" for immigration purposes:

•  A permanent member of the UK Diplomatic Service;

•  A comparable UK-based member of the British Council;

•  A member of HM Forces;

•  A permanent member of DFID (where the DFID employee is a British citizen or is settled in the UK).
  

 

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SET6.5 How does a tour of duty/full posting overseas affect the 24 month probationary period for a spouse/ civil partner?

A person holding an entry clearance as a spouse / civil partner will normally be admitted to the UK for an initial period of 27 months before they can apply for Indefinite Leave to Remain (ILR).  This probationary period still applies but time spent abroad on a posting counts towards this. The foreign spouse/civil partner may return to the UK at any time, but must return to the UK to lodge an application with the UK Border Agency for ILR one month before the expiry of the existing leave to enter/remain. The spouse/civil partner making the application must remain in the UK while his/her application is under consideration.

Applications can be made in person to:

Croydon Public Enquiry Office
Lunar House
40 Wellesley Road
Croydon CR9  2BY

or if time permits, by registered post.

Application forms (SET(M)) can be obtained from:

Application for permanent residence in the United Kingdom as the husband, wife, civil partner or unmarried/same sex partner of a permanent resident

 

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SET6.6 Returning Residents: will Indefinite Leave to Remain (ILR) status be lost if the tour of duty overseas is longer than two years?

No.  If absent from the UK for more than two years while accompanying their partner on a tour of overseas duty the:

• Spouses,
• Civil Partners, and
• Unmarried and same-sex partners

of

• a permanent member of the UK Diplomatic Service while undertaking a tour of overseas duty;
• a comparable UK-based member of the British Council while undertaking a tour of overseas duty;
• a member of HM Forces while undertaking a tour of overseas duty;
• a permanent member of DFID on a full overseas posting (where the DFID employee is a British citizen or is settled in the UK)

will not lose their ILR status.

 

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SET6.7 The Knowledge of language and life in the UK (KOL) provision

In the case of the spouse / civil partner / unmarried or same sex partner of:

• a permanent member of HM Diplomatic Service; or
• a comparable UK-based staff member of the British Council on a tour of duty abroad; or
• a staff member of the Department for International Development (DFID) who is a British citizen or is settled in the UK.

the KOL requirement can be met where:

•  a person designated by the Secretary of State certifies in writing that the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the UK for this purpose. (Paragraph 33B)

Further information on the KOL requirement can be found on the UK Border and Immigration Agency: Knowledge of language and life in the United Kingdom

 

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