UK Same-Sex Partner Visa (Gay Marriage Visa)

Last updated: 11 April 2024

The UK Same-Sex Partner visa (Gay Marriage visa) enables foreign nationals to join and live with their British or settled partner in the UK. It is important to note that under the current UK immigration system, there is no specific LBGTQ+ visa for same-sex partners. Instead, this falls under the UK Spouse visa route. This route is extremely flexible and provides considerable benefits to visa holders. Specifically, Gay Marriage visa holders can live, work, and study freely in the UK for an initial period of 33 months and then extend their stay for another 30 months. After 5 years in the UK on a Gay Marriage visa, it is possible to apply to settle permanently in the UK.

Gay Marriage UK visa requirements

To make a successful UK Gay Marriage visa application, you will need to demonstrate that you meet all of the eligibility requirements for this route. Specifically, you must show that:

• You are in a genuine and subsisting relationship with your UK-based partner
• Your UK-based partner is either a British citizen, a person who has settled permanently here, an EU or EEA national who settled here before the start of 2021, a Turkish worker or business person visa holder, or a person with protected status (e.g. as a refugee)
• You are married, in a civil partnership, or if unmarried, you must have been living with your partner for 2 or more years
• You and your partner meet the income requirements
• You meet the English language requirements

Please note, if you are planning to get married or enter into a civil partnership with your UK partner, before applying for a Gay Marriage visa, you may need a Fiancé visa to enter the country. Once you are in the UK on a Fiancé visa, you will then have 6 months to get married, at which point you can apply for a full spouse visa.

Genuine and subsisting relationship

UK Visas and Immigration (UKVI) will want to see that you have been living with your UK-based partner in a genuine and ongoing relationship. Ultimately what they will be looking for is any sign that you are in a ‘sham relationship’ that has been solely made up for the purposes of gaining a visa in the UK. This can be proven by providing evidence that you have been living together (e.g. copies of shared bills, rental agreements, mortgage etc.)

Income requirement

You and your partner must have a joint income of at least £29,000 per year. You can meet this requirement in a number of ways, including through your employed or self-employment income, pensions, dividend or rental income, or savings (assuming your savings are over £16,000).

English language requirement

As a Gay Marriage visa applicant aged between 18 and 65, you must demonstrate that you meet the English language requirements. This can be met by passing an approved English language test to CEFR level A1 or by having a degree (or higher) that was taught in English.

Documents required for same-sex partner visa application

To support your Same Sex Marriage visa, you will need to provide documents include:

• Your partner’s details – i.e. name, date of birth, nationality, passport, right to live in the UK (e.g. their passport or proof of settlement). You may also need to provide details of any people your partner was previously married to, in a civil partnership with or had children with, and the ending of any marriages (e.g. divorce certificate).
• Proof of relationship – i.e. marriage or civil partnership certificate and evidence of shared financial responsibility (e.g. shared bills). You may also need to provide details and evidence outlining how often you see each other, how long you have both lived together, and whether you are your partner’s carer.
• Your children’s details – if you have children, you will be asked to provide information about their identity and parental and living arrangements.
• Financial income – i.e. pay slips, HMRC P60, employer letter, bank statements showing income, pension statements, or evidence of cash savings over £16,000.
• Other information or documents:
  • current passport or other valid travel ID
  • visa or entry stamps in your previous passports
  • biometric residence permit
  • previous immigration applications
  • criminal convictions
  • UK national insurance number
  • your parents’ date of birth and nationality
  • TB test results

How to Apply for UK Gay Marriage visa

To apply for a UK Gay Marriage visa, you will need to complete the following steps:

1. Complete and submit the online application form on the UKVI website. The form you need to complete will depend on whether you are applying from inside the UK¹ or outside the UK².
2. Pay the application fee: £1,048 if applying from inside the UK or £1,538 if applying from outside the UK.
3. Book and attend an appointment at a UKVCAS or visa application centre to have your identity checked and biometrics taken (photo and fingerprint scan), and
4. Upload or provide any documents required to support your Same Sex Marriage visa application.

If your application is approved, you will be issued a Biometric Residence Permit (BRP), which will give you permission to work and study in the UK.

Family visa applications made outside the UK are normally processed in 24 weeks or 8 weeks if submitted within the UK. If you require a faster decision, you can pay an additional fee of £1,000 to use the Super Priority Service, which will provide a decision within 1 working day.

How can Reiss Edwards help?

Some Same-Sex partner visa applicants face considerable difficulty when it comes to proving that they are in a genuine and subsisting relationship. This is because while the UK is a liberal country, many members of the LGBTQ+ community live in countries in which this is not the case. Over 70 countries around the world criminalise same-sex couples, hence it can be extremely difficult to source documents and evidence of living together. Reiss Edwards can help you to overcome any problems relating to your Gay Marriage visa application. Specifically, we can:

• Review your current circumstances and those of your family members and check your eligibility for a Same-Sex Partner visa
• Handle any possible challenges with your visa (e.g. proving that you are in a genuine relationship if from a repressive country)
• Handle your Same-Sex visa or Same Sex fiancé visa application on your behalf
• Check any documents required to support your application prior to submission
• Overcome the refusal of a Gay Marriage visa (e.g. appealing, administrative review, or preparation of a fresh application)
• Apply for indefinite leave to remain after 5 years on your behalf and for your dependant family members
• Handle any queries raised by UKVI on your behalf
• Guide you and your dependants through the process of gaining UK citizenship

For assistance with applying for a Gay Marriage Visa or Same-Sex Partner Visa, please speak to our immigration lawyers for a free telephone consultation in complete confidence on 020 3744 2797 or by email at info@reissedwards.co.uk.

References

¹ GOV.UK: Apply from within the UK

² GOV.UK: Apply from outside the UK