How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?
The spouse or civil partner of a permanent resident applies in the prescribed form and manner to the Board or the Director of WORC, with evidence of the stability of the marriage or civil partnership, a statement of the number of dependants, and the prescribed fee. If granted, the Residency and Employment Rights Certificate is for fifteen years, subject to the same conditions and entitlements as specified in subsection (5). No more than one year before the end of the fifteen-year period, the holder may apply for the certificate to be renewed indefinitely, at the discretion of the Board or the Director of WORC; after holding the indefinitely renewed certificate for at least one year, the holder may apply for naturalisation or registration under the British Nationality Act, 1981. These rules come from the 2025 amending Act, which comes into force on dates appointed by Cabinet order; the official source does not state whether they are already in force, nor the specific work rights of the certificate.
See recorded sources
Limits of the record- These rules come from the 2025 amending Act, which comes into force on dates appointed by Cabinet order; the official source does not state whether they are already in force, nor the specific work rights of the certificate.
- https://gov.ky/documents/43485/45951/Immigration(Transition)(AmendmentandValidation)Act2025.pdf/4a8d7504-e84f-da1f-825c-18274a69dd6c?t=1766076382321
“(16) The spouse or civil partner of a permanent resident may apply in the
prescribed form and manner to the Board or the Director of WORC
for a Residency and Employment Rights Certificate, which if granted
will be for a period of fifteen years, subject to the same conditions
and entitlements as specified in subsection (5).
- https://gov.ky/documents/43485/45951/Immigration(Transition)(AmendmentandValidation)Act2025.pdf/4a8d7504-e84f-da1f-825c-18274a69dd6c?t=1766076382321
(16A)The application under subsection (16) shall be accompanied by —
(a) evidence as to the stability of the marriage or civil partnership
and a statement as to the number of dependants, if any, of the
spouse or civil partner; and
(b) the prescribed fee.
- https://gov.ky/documents/43485/45951/Immigration(Transition)(AmendmentandValidation)Act2025.pdf/4a8d7504-e84f-da1f-825c-18274a69dd6c?t=1766076382321
(16C)Where the spouse or civil partner of a permanent resident who was
granted a Residency and Employment Rights Certificate under
subsection (16) continues to hold the Residency and Employment
Rights Certificate, no more than one year prior to the end of the
fifteen-year period —
(a) the spouse or civil partner may make an application to the Board
or the Director of WORC in the prescribed form and manner,
accompanied by the prescribed fee, for the Residency and
Employment Rights Certificate to be renewed indefinitely; and
Page 18 Act 14 of 2025
c
Immigration (Transition) (Amendment and Validation) Act, 2025 Section 15
(b) the Residency and Employment Rights Certificate may be
renewed indefinitely at the discretion of the Board or the
Director of WORC.
- https://gov.ky/documents/43485/45951/Immigration(Transition)(AmendmentandValidation)Act2025.pdf/4a8d7504-e84f-da1f-825c-18274a69dd6c?t=1766076382321
(b) after continuing to hold the Residency and Employment Rights
Certificate that has been renewed indefinitely for a period of at
least one year, the spouse or civil partner of a permanent resident
in respect of whom the Residency and Employment Rights
Certificate is renewed indefinitely may apply for a certificate of
naturalisation or registration issued under the British Nationality
Act, 1981.”;
- https://gov.ky/documents/43485/45951/Immigration(Transition)(AmendmentandValidation)Act2025.pdf/4a8d7504-e84f-da1f-825c-18274a69dd6c?t=1766076382321
(2) Subject to subsection (3), this Act comes into force on such date as may be
appointed by Order made by the Cabinet and different dates may be appointed
for different provisions of this Act and in relation to different matters.