uk immigration lawyers
uk immigration lawyers
Home / Family Immigration

Same Sex Partner Visa UK

The changes to the immigration rules which came into force since the 9th of July 2012 allows same sex partners to settle in the UK under the Appendix FM. The new rules are relatively more complex and rigid when compared to the old rules. We there advice applicants to be sure that they are well versed on the rules before submitting. In some cases, you find out that there are a specific kind of evidence that the Home office may be requiring to show certain things.

Please note, in the light of the aforementioned immigration rules, transitional arrangement refer to a situation where an individual is currently on a leave to remain based on the old rules. Such a person will continue to be related with based on the old rules.

Importantly, applicants that may not have met the regular requirements may yet be granted leave to remain under the exceptions criteria. Such criteria may be found in paragraph EX.1 of the immigration rules. These exception criteria are weaved around Article 8 of the Human Rights Act.

Article 8 of Human rights Act relates to the exception criteria in the paragraphs that concern rights to private and family life. It is important to note also, that if a person has been granted leave under this route, they will no longer be subject to settlement under the 5 years route in an immigration category but 10 years.

Financial requirement

In order to qualify to apply under this route, the sponsor must be able to demonstrate that they earn the specified gross annual income which is set as a minimum of £18,600. Please note that this figure does not include dependants who may be applying with the main applicant. The prices go up by £3,800 for the first child; while for any additional children, an extra £2,400 will need to be shown per child.

It is important to note that applicants will no longer be able to use 3rd party funding in this application. Also the applicant's potential to be employed in the UK will no longer be taken into consideration. In the case of entry clearance applications, income earned overseas can also no longer be relied upon. However gifts and aids can be relied upon; note that it must not be a loan.

Applicants who are on the following may be exempt from meeting the financial requirement: -

  • Persons on Disability living allowance
  • Severe disablement allowance
  • Industrial injury disablement benefit
  • Attendance allowance; or
  • Carer's allowance; or

If as result of the exemptions above, you are exempt from meeting the financial requirement, the applicant will still have to show that the UK partner meets the financial as well as accommodation requirements.

English Language Requirement

Applicants must show that they have met the English language requirement. The English language requirements entails the applicant demonstrating sufficient knowledge of English language. Importantly, if the applicant is from a majority English speaking country, they will be exempt. Also, if they posses a degree from a UK university, they will also be exempt.

If the applicant has sat and passed the required English language test at least at Level A1 of the CEFR from a provider accredited by the UKBA, they will also be exempt from meeting the English language requirements.

Entry Clearance Same Sex

An entry clearance application will be refused if any of the following apply:-

  • The Secretary of State has directed that you should be excluded from the UK on the basis that it is conducive to the public good.
  • At the date of the application, the applicant is subject to deportation order.
  • The exclusion of the applicant from the United Kingdom has been deemed to be conducive to the public good specifically as a result of the applicant's character or association.
  • Without reasonable reason, the applicant failed to provide a key information or failed to attend and interview, or provide medical reports that have direct bearing on the application.

It is very important that the same sex partner is either a British national or a person present and settled in the UK. The age of the parties in question also count. Both the applicant and the sponsor must be over the age of 18.

There are also instances where either by law or any other legally binding terms, the parties in question are prohibited from been in a relationship. In order be eligible for entry clearance under this route, both parties must not be prohibited from been in a relationship.

There also has to be evidence that the same sex partners intend to get married and live together permanently as well as not been a polygamous one. The polygamous factor means that neither party is in a previous relationship and where there was a previous marriage, the relationship must have broken down irretrievably

The same sex partners must also meet adequate accommodation requirements. They must be able to show that there is a decent place for them to live in while in the UK and would not be relying on the government to solve their accommodation issues. It is very important that they show that the accommodation is or will not be overcrowded and/or will not contravene public health regulations.

There is also the English language requirements that needs to be met. Applicants must show that have a good knowledge of English language by way of either a national of a majority English speaking country or pass the required English language test (as approved by the UKBA) or has a degree taught in English from a University in the UK.

Same sex partner visa lawyers London

Our family immigration lawyers boast of over 65 combined years' experience in immigration law and have assisted a good number of clients in obtaining their partner visas to the UK.

Switching into the Same Sex Partner Visa

If you are looking to switch into the same sex partner visa, you may do so either under the old or new rules. The old rules will allow if you applied to switch before the 9th of July 2012. In that case, you will not need to meet the financial requirement of earning a minimum gross income of £18,600 per year.

The new rules on switching are enshrined in Part 8 of the Immigration Rules under Appendix FM. Based on the new rules, persons looking to switch into this route, will need to meet the financial requirement of earning gross income of £18,600 per annum.

Long Residence and PBS Dependants

Where the PBS dependant migrant has become a settled person in the UK on the basis of long residence, the dependant migrant will be unable to extend their current leave or obtain ILR under their current route. The will have to switch to the same sex partner of a settled person.

Importantly, if you have been granted leave to remain prior to the 9th of July 2012, you can apply for further leave under the transitional provisions at A280 (C) under the Part 8 Immigration Rules. If you were granted leave after the 9th of July 2012 and your partner have obtained indefinite leave to remain your will be able to extend your leave under Appendix FM.

Extension of stay as a same sex partner

In order to be eligible for extension of leave to remain as a same sex partner (Further leave to remain - FLRm), the applicant must be a same sex partner of a person British citizen or a person present and settled in the UK.

Importantly, same sex partners are also qualified to apply for an extension of leave whether or not they are in a civil partnership. The rules that govern the durability and subsisting relationships will also apply here regardless of whether or not there was a legal ceremony. Same sex partner extension applicants would have to be physically present in the UK as at the time the application is been made.

As at the time of the application, the applicant must have a valid leave to remain in the country. Even though the UKVI allows for a 28 day grace period after the expiration of your visa, we would normally recommend not to leave it late.

Contact our immigration solicitors today if you are looking to make this application.

Indefinite Leave to remain (ILR) as a Same Sex Partner Visa

Holders of the Same sex partner visa who have continuously resided in the United Kingdom for a period of 5 years will quality for Indefinite leave to remain. You may apply using the SET (M) form.

If you were granted your same sex partner visa prior to the 9th of July 2012, you can apply for settlement after a period of 2 years of continuous residence in the UK as a same sex partner. However for applications granted after that date, you will need to wait till you complete 5 years on the route before you can apply for ILR. Please note also, that you will still need to meet the financial requirement to be eligible for ILR; except you fall under the exceptions as specified under Appendix FM

Same Sex UK Visa Application - FAQ

Cash savings held by you, your spouse or held jointly on the application date can be transferred from stocks, investments, bonds, shares or trust funds in the space of 6 months preceding the application date as long as:

  • The money is owned by or is controlled by the person, his/her spouse or both of them for a minimum of six months preceding the application date.
  • Your ownership of investment funds, shares, stock, bonds or trust funds; the value of this form of fund in cash as at six months or more before the application was made; and the conversion of this fund to cash, are confirmed by relevant documents from financial institutions that are supervised by the suitable regulatory body of the state where the institution operates.
  • The Appendix FM-SE requirements as it relates to cash saving owned by you at the application date are fulfilled, unless a minimum of 6 months period before the application date will be lessened by the time where the applicable fund was held as investments, stock, shares, bonds or trust funds.
Furthermore, in a situation where you, your spouse or both of you have owned the cash savings in the form of investments, stocks, bonds, shares or trust funds; the time in which you have held this fund in this form could add up to the 6 month period. However the funds held as cash savings in your possession as at the application date could be converted from the investment form into cash, it could have been held as investments in the beginning of the six months period before the application is made and then towards the later period of the six months be held as cash saving. You are however required to prove that:
  • You, your spouse or both of you have owned savings in the form of investments, stocks, bonds, shares or trust funds for part of the six months period preceding the application date before converting the fund into cash savings;
  • The investments, stocks, shares, bonds or trust funds on or before the commencement of the six month period is at least of equivalent value to the cash depended on to meet the application's requirements; and
  • The Cash Savings fulfills Appendix FM-SE requirement.
  • In a situation where the above evidences are not made available, cash saving owned in the form of investments, stocks, shares, bonds or trust funds would not be apply as financial requirement.

Immigration Enquiry

subscribe to email and newsletters
Reiss Edwards Reviews
5 out of 5 stars 394 Google+ Reviews
reivew immigration lawyer

Our Brochure

Reiss Edwards immigration lawyers brochure

Arabic Brochure
Reiss Edwards immigration lawyers brochure

Immigration related Testimonials

Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers london that we would be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
The Home Office refused my Tier 1 Entrepreneur extension application. This meant that my family and i would have to go back to Jordan and my business would close down. I needed a good immigration lawyer to put in a very strong appeal. I approached Reiss Edwards based on a friend's recommendation and they put together a very strong appeal. I read the grounds of appeal and I knew that this was a winner. A big thanks to Joe who worked tireless on my appeal.
I am glad that i instructed Reiss Edwards on my visa matter.

It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure.

To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me

A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative.

Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country.

The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
I have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed.

The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not.

At the end of the day, I have not received my British citizenship within 3 months.

If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
Fantastic Solicitors!!!

My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.

We followed everything they asked us to do and in the end we won our appeal and got our spouse visa.

We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question.

The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
I contacted Reiss Edwards to help me with my wife’s UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.

Click to view all google reviews
I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.

Click to view all google reviews
Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.

Click to view all google reviews
I used Reiss Edwards’ immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.

Click to view all google reviews
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service.

I would recommend them over and over again for anyone looking for an immigration advice.

They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.

Kind regards
Nancy Jacquard

Copyright © 2019 Immigration Lawyer London