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Is There Prejudice With Spouse Visa Applications?

LGBT+ rights have come a long way in the UK; before 1967, LGBT+ rights were almost non-existent. Fast-forward to the present and you can see just how much the UK has changed. Today, there are very few areas where there isn't equality between LGBT+ and heterosexual people. However, there are still understandable concerns that the visa system may be prejudiced against LGBT+ people. In this article, we will look at the laws as they stand to see just how LGBT+ people fare in one specific, but important, visa route: the Spouse Visa.

Are There Any Differences As To How LGBT+ Couples And Heterosexual Couples Are Treated On The Spouse Visa Route?

No, LGBT+ couples are seen no differently through the lens of UK law to heterosexual couples. This is important as many countries do not operate in the same way. Ever since 1967, the UK's attitudes and laws have changed considerably towards the LGBT+ community and the country has very much been at the forefront of change. This evolution has meant that LGBT+ couples today enjoy all of the same rights heterosexual couples enjoy - even within a complex visa system. These changes now mean the UK is one of the best countries in the world for LGBT+ migrants.

It was incredibly important these rights were given to LGBT+ couples; ever since the introduction of the Civil Partnership, the UK has been on course to implement marriage equality. July 2013 finally saw The Marriage (Same Sex Couples) Act 2013 receive Royal Assent and become law, finally equalising marriage rights for all. We are now in a position wherein the law sees no distinction between LGBT+ couples and heterosexual ones.

I See That You Have To Be In Either A Marriage Or A Civil Partnership In Order To Be Eligible. Our Relationship Has A Different Title, Is This OK?

Yes what's important here is there are equivalents to Civil Partnerships in other countries which the UK will recognise. If you are concerned, it's important for you to get in touch and speak to a member of our team. We can help ensure your current relationship is eligible under British law - if it isn't, we can help you gain eligibility. Fortunately, the Spouse Visa offers multiple angles for applications which can help grant you the rights you need to succeed.

Due to the increasing complexity of the UK's immigration rules (rules which are only likely to become even more complicated after the UK leaves the European Union), it is well worth getting in touch with us no matter your current circumstances. We can help with all of the more intricate factors which make the Spouse Visa one of the UK's more difficult to attain. From gathering documents to lodging appeals, our team have the information and experience to help you to move to the UK with your partner.

Could My Partner Come To The UK In Order To Get Married?

Yes, there are a few mechanisms which could allow this to happen. If you are already in a relationship which qualifies, you could use the Spouse Visa and get married once you were in the UK. If you're unable to use that specific route, you may be able to use the Fiance Visa route to come to the UK for 6 months to get married. Once married, you could then switch to the Spouse Visa route to secure your stay in the UK. Like we said previously, there are a few angles of attack when it comes to joining your spouse or partner in the UK.

Can LGBT+ Partners Gain Indefinite Leave To Remain In The UK?

Yes, absolutely.

As long as you meet all of the necessary eligibility criteria (such as not leaving the country for more than 180 days in any of the last 5 years and having lived in the country for at least 5 years), you will be able to apply for Indefinite Leave to Remain in the UK. By gaining this status, you can help yourself become free of immigration control and stay in the UK for as long as you please. You can also apply to be a British citizen after you have had Indefinite Leave to Remain for 12 months.

As you can see, the Spouse Visa offers excellent benefits for those hoping to make the UK their home. Whether you are an LGBT+ or a heterosexual couple, the Spouse Visa is an excellent option for moving to the UK to live and work, even allowing you to settle in the country.

Where Can We Get More Help?

If you need more help and advice regarding the Spouse Visa then please get in touch. Our team have extensive experience helping both LGBT+ and heterosexual couples undergo successful moves to the UK. So for more information, call today and a member of our team will be more than happy to help.

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ACQ5 Awards Award ACQ5 Awards Award
Lexis Nexis Lexis Nexis
Three Best Rated Three Best Rated
Department For International Development Department For International Development
University Of Cambridge University Of Cambridge
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Reiss Edwards Reviews


"Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha...

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Kiran Sardar

"I found Joe very helpful and tremendous patience which is a must in this profes...

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Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...

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Isaac .T

"Professional service. I was very impressed with the fact that my ILR applicatio...

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