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Civil Partner Visa UK

A civil partnership is a relationship that has been legally recognised between two same-sex people. The creation of the civil partnership meant that same-sex couples could garner many of the same rights that were already given to heterosexual married couples. The move was a huge step in the progression of the UK and LGBT rights and marks the UK’s clear commitment to equality for all. With that in mind, the visa rules needed to be amended for same-sex couples that were to enter into a civil partnership. The result was the civil partner's visa that we discuss in detail here. The visa as you may have guessed allows a person in a same-sex relationship and not an EEA national to settle in the UK with an EEA national. This means that a successful applicant can join their proposed civil partner in the UK for up to two and a half years (which can be extended). As the UK is currently trying to reduce net migration, it is more important than ever that applications are presented properly and with that in mind, you may wish to consider bringing in a specialist immigration firm like ours. Having a specialist immigration lawyer working for you gives you the best chance to harness years of experience and knowledge into delivering you the best result possible. So if you are the civil partner of a British national or a person present and settled in the UK, you may be able to apply for UK Civil Partner Visa to join your partner in the UK. Out-of-country applications will be made to the High Commission/Embassy/Consulate in the country of nationality or country of origin of the applicant. While in-country applications will be made by submitting the FLR (M) application by post to the Home Office. In-country applications are applicable where the applicant is on a visa with a leave of more than 6 months. The visa program itself relies heavily on its eligibility criteria. The criteria for the visa program is as follows;
  • Not already in the UK (this is vital as applicants inside the UK are not eligible).
  • Both you and your partner must be over 18 years of age.
  • You have met your partner and are committed to the relationship
  • The relationship is monogamous
  • You intend to live together permanently
In addition, you will need to prove that your partner is settled in the UK and is an EEA resident. You will also be required to prove that you can maintain yourselves and that your partner must earn at least £18,600. Whilst you are a fiance, fiancee or a proposed civil partner you will not be able to work. Once you have been accepted you will receive 2.5 years on a visa that is extendable. Once you have had 5 years on a civil partner visa you will be entitled to apply for indefinite leave to remain in the UK. As long as you continue to meet the requirements you will have a strong chance to be successful in your application. We are experts at helping with complicated visa applications and are well set up to handle the specific requirements that a civil partner visa brings. In order to see what we can do get in contact with us today. Our expertise means that you will have the best chance of a successful application to live and work in the UK so why delay?

Entry Clearance as a Civil partner

In order to make a successful entry clearance application as a civil partner to your British spouse (or in the UK as a settled person).
  • Applicant must meet suitability criteria as wet out in the Immigration Rules.
  • Applicant must be in a genuine and subsisting relationship
  • Meet the financial requirements. The UK partner must earn a minimum of GBP18,600 gross per year. Where the applicant has no earnings, they must have savings for at least GBP62,500.
  • Evidence of adequate accommodation must be provided by the sponsor.
  • Applicant must also meet English language requirements.

Financial requirement

  • Sponsor must be earning a minimum of GBP18,600
  • Where there is a child dependant an additional GBP3,800 will be needing to meet the financial requirement.
  • an additional GBP 2,400 would be required per additional child
While determining the financial requirements, it is important to note that not every source will be considered. The sources listed below will in a strict sense be considered
  • Income from employment or self employment
  • Pension funds
  • Income from maternity allowances or bereavement benefit
  • Other specified income and/or savings specified by the applicant and/or partner
Financial requirement exemptions will apply if one or more of the following apply:-
  • The sponsor is receiving Disability living allowance
  • Severe disablement allowance
  • Industrial injury disablement benefit
  • Attendance allowance; or
  • Carer's allowance; or
Be informed that in the event that a sponsor falls under the exemptions above, they will still need to show that they are able to support themselves in the UK in addition to having a good place to live throughout the period having no access to public funds

Civil Partner Visa Refusal

If you had your civil partner visa entry clearance refused, you can challenge the refusal by way of an appeal to the First tier tribunal. It is important that the appeal is lodged within 28 days of receipt of the refusal letter.

Switching into Civil Partner Visa

Switching visas in the UK is when someone who currently has leave to remain there decided to switch to being in a different visa programme. One of the options is switching to a civil partner visa where the proposed applicant is in a same-sexrelationship or is already in a civil partnership. The benefit of switching into a civil partnership visa is that your case for remaining as a civil partner may be stronger than your claim to extend your current visa. If you are currently in the UK with a valid leave to remain for a period more than 6 months and are a civil partner to either a British citizen, a person present and settled in the UK, you can apply to switch into a civil partner visa from inside the country as long as you continue to meet the requirements of the Immigration Rules. An application for switching into civil partner visa from inside the UK is submitted to the Home Office by completing application form FLR (M). The civil partner visa is one of the UK’s longer lasting visas and is also extendable to cover the possibility of gaining indefinite leave to remain after 5 years. The process is reasonably straightforward, like many other visa programmes it is all down to eligibility. The main areas of eligibility for switching to a civil partner visa are;
  • Evidence of a relationship
  • Documentary evidence to support the finance requirements
  • Adequate accommodation
  • Good English language skills
These are pretty common among the visa programmes in the UK and are designed to ensure that applicants are who they say they are. The UK is currently trying to reduce net migration and so is ensuring that as much as possible every applicant is genuine. This means that getting a visa in the UK is no easy task and this is where we come in. Turning your case over to an immigration specialist law firm means that you get the very best support possible. We don’t just fill out your document for you, we also ensure that you have all the correct supplementary evident that officials will need to prove you are genuine. We can also ensure that you are presented as the best candidate possible for the visa application process. We take care of all of the details so you can be safe in the knowledge that you have a strong team supporting you every step of the way. Using a specialist immigration law firm might sound expensive, but you may be surprised by our prices and delighted by our service. As a firm of experienced professionals in the field, we bring together a huge collective knowledge base of immigration law. Empowering this team to work for you may ensure that you have the greatest chance of success and future prosperity. Having a law firm draw up your application ensures that everything will be completed exactly the way it needs to be done and that it will stand up as a strong testament to how genuine an applicant you are. The visa application process can be stressful and complicated so why don’t you let our team help get you the result that could mean the world. Excellence is what we specialise in so why not put us to the test? If you would like to know how we can help or for more information then please contact us.

Extension / Renewal of Stay as a Civil Partner

If you are coming to the end of your civil partner visa you will need to extend it. If it’s the second time you’re extending the visa then you may now be entitled to indefinite leave to remain, this is normally at the end of living in the UK for 5 years but you must bear in mind that you cannot count the period before the civil partnership as part of the five years. If your last grant of leave to remain is as a civil partner of a person present and settled in the UK, you may be able to renew your civil partner visa by submitting an FLR (M) application to the UKBA. Whatever part of the process you are at we can help. Our specialist team of immigration lawyers are highly experienced at helping with visa applications and best placed to try and get you the best result possible from the application process. So if you’re in the process get in touch today and see how we can help you maximise your chances of success. Importantly, you will need to meet the following requirements to ensure a successful civil partner application:-
  • Evidence of a relationship
  • Documentary evidence to comply with financial requirements
  • Adequate accommodation
  • Good level of English language.
Please note that applicant will also need to meet other eligibility criteria set out in the immigration rules. So long as the relationship is real and all the areas of eligibility are satisfied there is no reason to not be successful in the application. As the application is a complicated and very important document, why not let our specialist lawyers prepare it for you. Using our service we guarantee that we will provide you with the best legal advice available backed up by many years of experience. We also ensure that your document will be prepared with care and attention to the current guidelines set out by the Home office to ensure that you comply fully and are presented in the best way possible. We will also advise you on the documentary evidence that is required by the Home office in order to comply with the relevant laws and prepare you for any and all questions that may be asked of you during the application process. The Home office is trying to ensure that only genuine people remain in the UK and we can help to ensure that you are not mistaken for one of the many that try to sneak into the UK via the visa route. The UK is an attractive prospect and there will always be the people who try to sneak in, the rigorous nature of the process is to ensure that only those who are meant to be in the UK are there. Once you have begun the process with us we will get to work straight away on your case. We will ensure that you’re kept informed every step of the way and we will always make sure that you are aware of the costs. We build our business around our customers and are serious about ensuring their well-being and future prosperity. So contact us today and give yourself the best chance possible of future success in the UK.

Indefinite Leave to Remain (ILR) Civil Partner

If you have been granted leave to remain as a civil partner of a British or settled person in the United Kingdom, you will be eligible to apply for permanent residence after 5 years of continuous residence in the UK under the same category. Significantly, an individual who has been granted leave under the rules that were in force prior to the 9th of June 2012, they will be able to apply for Indefinite Leave to remain after 2 years as a spouse. If you have been granted leave to remain as a civil partner of a British or settled person in the United Kingdom, you will be eligible to apply for Indefinite Leave to Remain (ILR) after 5 years of continuous residence in the UK under the same category when your partner meets the financial requirements or is exempt from them. In the case where an applicant has been granted leave as a partner of a British under the 10 years route, as you did not meet some of the requirements, then the earliest an applicant can apply for settlement is 9th of June 2022 as this route was only introduced in June 2012. Significantly, an individual who has been granted leave under the rules that were in force prior to the 9th of June 2012, they will be able to apply for Indefinite Leave to remain after 2 years as a spouse.

Proposed Civil Partner Visa

The Proposed Civil Partner visa is a permit that allows civil partners to come into the United Kingdom on the basis of their relationship with a UK based settled person. A settled person is an individual who is not subject to immigration restrictions.

You will be able to apply for entry clearance as a proposed civil partner for the purpose of registering your civil partnership in the UK a person who is present and settled in the United Kingdom. Importantly, after leave has been granted as a proposed civil partner , you should then proceed to registering your civil partnership after which you may then apply for leave to remain as a civil partner from inside the country. We advise that you should make an in-country application for a leave to remain as a civil partner before the expiration of the current civil partner visa.

Requirements for Entry Clearance as a Proposed Civil Partner

Applicants will not be granted entry clearance as a Proposed Civil Partner if:-

  • The Secretary of State has reasonable grounds to believe that excluding the applicant from the United Kingdom will be favourable to public good.
  • As at the time the proposed civil partner application, the applicant is subject to a deportation order.
  • There is a public good benefit arising from denying the applicant entry on the basis of the applicant’s conduct. This may include convictions or other reasons that would make it undesirable to grant them entry clearance.
  • The applicant has failed without reasonable excuse to either attend a compulsory interview, provide a specified information or undergo a medical examination or provide medical report when required to do so.
  • The applicant presents a false representation or obtaining documents from a third party using false information in relation and in support of the application.
  • There is a failure to disclose material facts in relation to the application.
  • The applicant has failed to pay the relevant NHS surcharge or the payment has failed to process.
  • A maintenance and accommodation undertaking has been requested or required under paragraph 35 of these Rules or otherwise and has not been provided

Eligibility

Eligibility here pertains to the proposed civil partner’s eligibility to make an entry clearance application to join their partner in the United Kingdom.

  • The applicant’s proposed partner must be of a settled status in the United Kingdom or have a refugee leave or with humanitarian protection.
  • The applicant must be over the age of 18 as at the time of the application.
  • Both parties must not be within the prohibited degree of relationship.
  • Both parties must have met a least once in person.
  • They must be in a genuine and subsisting relationship
  • There must be an plan to permanent reside in the United Kingdom

Financial Requirements

The sponsor will need to be earning a minimum gross income of GBP 18,600 per annum. Importantly, you will need to show the sum of GBP3, 800 for every additional child dependent on the application. Please speak to one of our lawyers if you need help with calculating your financial requirement based on your individual case

Knowledge of English language

In order to meet the English language requirements, the following must requirements must be met:-

  • The applicant is from a majority English lanauge speaking country
  • The application has graduated from a higher educational institution
  • The applicant passed a UKVI accredited English language test.
  • The applicant is over sixty-five years of age.
  • The applicant suffers a disability that impedes on their ability to meet the English language requirement.
  • Exceptional occurences abound that prevents the applicant from meeting the English lanauge requirement
Frequently asked questions (FAQ)
This enquiry has been dealt with privately by one of our immigration solicitors
  • For application submitted in the UK, same-day-service will normally be decided within twenty-four hours.
  • A postal application on the other hand for in-country applications will be decided in line with the standard processing times of the UKBA.
  • An out of country application submitted to the British High Commission or Embassy will be processed in line with the standard processing times of the of the Home Office UKBA.
Yes meeting the English language requirement is a key requirement in the UK civil partner visa category. To meet this requirement, you must either be from a majority English speaking country or must have had a degree taught in English from a UK higher education institution. There are however few exceptions to this:-
  • You will not need to meet the English language requirement if you are 65 or more as at the time of the application.
  • You suffer from a physical or mental illness that limits your ability to meet the requirement
  • You are not able to meet the requirement as a result of exceptional circumstance.
Entry clearance applications under this route can be made online using the visa4UK website. You may also use the VAF4A application form and all relevant appendixes.
Of course you can make an in-country application for a civil partner visa. You will need to fill out the FLR (M) application form. There is also a same day service available for you if you need your decision quicker. Contact one of our lawyers today for a quick assessment if you qualify.
The Home Office requires that you demonstrate that your relationship is genuine and subsisting. In order to do this, you will have to show the following:-
  • That your relationship has a history and is long-term;
  • That you cohabit;
  • There is a shared responsibility between you and your partner for the kids (if there are kids involved).
  • There is a shared responsibility in terms of your finances; this is demonstrated by either shared mortgages, tenancy agreements, joint bank accounts, savings, utility bills showing both of your names.
  • Visiting your spouse’ family would also count towards showing a genuine and subsisting relationship.
  • There is an intention to permanently live together in the UK.
In order to meet the financial requirement you will need to earn an annual gross salary of at least £18,600.
However, if you are applying with a child, your annual gross earnings must not be below £22,400.
If you are applying with more than one child, you would need to add £2,400 to the £22,400 above for every additional child.
Exceptions
You will not need to meet the maintenance requirements if your sponsor is on disability allowance benefits or on care givers allowance. You will however need to show that you are able to support yourself financially without needing support from public funds.
For applications submitted outside the country, you will be granted leave for up to thirty three months
. Extension applications will be granted for up to thirty months. Furthermore, if you have continually resided in the country for up to 5 years under this route, you will be eligible for settlement (ILR) provided you meet all other requirements for settlement including knowledge of English language, life in the UK as well as residency requirements.
The date of your application is the date you paid your application fee to the UKVI. You can locate the date on your payment receipt; this remains applicable either for online applications or in a visa application center.
You will be able to apply for Indefinite Leave to remain 28 days before the expiration of your visa.

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