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Protection from leave lapse for accompanying family of posted Crown servants and British Council staff

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited Kingdom
Operative dateNovember 23, 2016
CategoryEligibility
Policy toolStatutory Instrument
Affected groupPartners and children with limited or indefinite leave accompanying qualifying Crown servants or British Council staff posted overseas

Policy effect

Prevents leave to enter or remain from lapsing when a partner or child accompanies certain Crown servants, British Council staff, DFID, or Home Office employees on overseas postings exceeding two years.

Conditions and exceptions

Applies where the partner or parent is posted in Her Majesty's Diplomatic Service, DFID, the Home Office, or permanent British Council service, and is a British citizen, holds indefinite leave, or holds an EU right of permanent residence.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Made 22nd November 2016 Coming into force in accordance with article 1(2) … (2) It comes into force on the day after the day on which it is made. … (6) After article 13A( 12 ) insert— “Partners and children of certain Crown servants etc 13B. — (1) This article applies to a person who has— (a) limited leave— (i) as the partner or child of a British citizen or person who is settled in the United Kingdom under Appendix FM to the immigration rules (“Appendix FM”) ( 13 ) , or (ii) outside the provision of the immigration rules on the basis of family life under article 8 of the European Convention on Human Rights (“article 8”), or (b) indefinite leave. (2) The period mentioned in article 13(4)(a) does not include any period during which the person is accompanying their partner or parent if— (a) the partner or parent is posted outside the United Kingdom in employment falling within paragraph (3); and (b) the partner or parent— (i) is a British citizen, (ii) has indefinite leave, or (iii) has a right of permanent residence in the United Kingdom by virtue of an enforceable EU right …
legislation.gov.ukSI 2016/1132, article 1(2), article 2(6)Open official source
Retrieved from https://legislation.gov.uk/uksi/2016/1132/made

Review method

Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record repair-d96295494868b857fe54. Something wrong? Flag this record.

Other United Kingdom changes operative in 2016