The relevant legal framework
14. Para 352A of the Rules read s as follows: “Family Reunion Requirements for leave to enter or remain as the partner of a refugee 352A. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the partner of a person granted refugee status are that: ( i ) the applicant is the partner of a person who currently has refugee status granted under the Immigration Rules in the United Kingdom; and (ii) the marriage or civil partnership did not take place after the person granted refugee status left the country of their former habitual residence in order to seek asylum or the parties have been living together in a relationship akin to marriage or a civil partnership which has subsisted for two years or more before the person granted refugee status left the country of their former habitual residence in order to seek asylum; and (iii) the relationship existed before the person granted refugee status left the country of their former habitual residence in order to seek asylum; and (iv) the applicant would not be excluded from protection by virtue of paragraph 334(iii) or (iv) of these Rules or Article 1F of the Refugee Convention if they were to seek asylum in their own right; and (v) each of the parties intends to live permanently with the other as their partner and the relationship is genuine and subsisting (vi) the applicant and their partner must not be within the prohibited degree of relationship; and (vii) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity.” 15. The relevant provision of para 352G of the Rules state: “Interpretation 352G. For the purposes of this Part: … (d) “Partner” means the applicant’s spouse, civil partner, or a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application.” 16. The term “existed”, as used in para 352A(iii), is not defined.
