Guidance

Partners of members of the Diplomatic Service / British Council / HM Forces / DFID: SET06 (archived version)

Updated 10 June 2019

This guidance was withdrawn on

This guidance is out of date and has been withdrawn.

© Crown copyright 2019

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/partners-of-members-of-the-diplomatic-service-british-council-hm-forces-or-dfid-set06/partners-of-members-of-the-diplomatic-service-british-council-hm-forces-dfid-set06

This document was withdrawn on 10 June 2019. It has been superseded by new guidance.

1. 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.

2. 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.

3. 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.

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

While taking 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).

5. 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 UK Visas and Immigration 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 UK as the husband, wife, civil partner or unmarried/same sex partner of a permanent resident page.

6. 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.

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

Further information on the KOL requirement can be found on the Knowledge of language and life in the UK page.

Back to top