However, the decision will depend on the particular circumstances of the case. Government guidance suggests that action to force a foreign spouse or civil partner to leave the UK should not be taken in certain circumstances. These circumstances are where:
*the person has a genuine and subsisting marriage or civil partnership; and
*the couple have lived together continuously in the UK for at least two years before enforcement action is taken; and
*it would be unreasonable to expect the spouse or civil partner who is settled in the UK to accompany her/his spouse or civil partner abroad.
- A person who becomes the spouse or civil partner of a British citizen, or someone with indefinite leave to remain, after enforcement action against her/him begins is unlikely to receive leave to remain.