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UK Civil Partner Visa

A UK civil partner visa is considered under Appendix FM of the Immigration Rules HC395. If you are part of the transitional arrangement, under Part 8 of the Immigration Rules, then you can extend your leave to remain in the UK but cannot apply as a new applicant.

In reference to a civil partnership, this is a legal relationship registered between two people of the same sex. If you and your partner intend to enter a civil partnership in the UK, this notice must be given in person at the registry office. The registrar will usually refer the matter in line with the 2014 Act, so the Home Office can check whether your civil partnership is being done genuinely or not. This is usually the case when you or your partner is not settled or British & hold a temporary leave to remain. You can still enter a civil partnership if you do not hold valid leave to remain in the UK, however we advise that you speak to a lawyer prior making a decision to marry in the UK.

The Home Office may decide to interview you both prior making a decision however in some cases, they do not proceed with the interview and grant permission to marry. If this happens, a letter is usually sent to you confirming their instructions and you may then proceed on your civil partnership registry.

Once the civil partnership is registered and completed, you or your partner may proceed to the application. Based on your circumstances, if you are in the UK, then you may proceed with an application however if you hold leave to enter for less than 6 months unless you hold a proposed civil partner visa, then you must leave the UK and apply. We advise that you seek legal advice on this prior lodging your UK civil partner visa, as there may be an alternative to this.

Initial grant for leave to enter or remain under the UK civil partner visa is for a period of 30 months. You may be granted leave to enter or remain, based on the 5 years or 10 years route to settlement. This depends on your circumstances, and the specified evidences you supply to support the application.

How to meet the requirements of the UK civil partner visa

You can apply for the civil partner visa if you meet the following requirements:

  1. You and your partner must be legally married and hold a valid civil partnership certificate.

  2. Both you and your partner must be at least 18 years of age.

  3. Both you and your partner must be committed to the relationship and have the intention to live together permanently in the UK.

  4. You meet the English language requirements unless you’re exempted.

  5. You and your partner meet the adequate accommodation requirements.

  6. You and your partner meet the financial test unless exempted.

When applying for the UK civil partner visa, you must ensure all specified evidences are provided to support your application as set out by Appendix FM of the Immigration Rules.

Periods of grant given under the UK civil partner visa

Initial grant for leave to enter or remain under the UK civil partner visa is for a period of 30 months. You may be granted leave to enter or remain, based on the 5 years or 10 years route to settlement. This depends on your circumstances, and the specified evidences you supply to support the application.

Part 8 of the Immigration Rules transitional arrangements?

Firstly, you would not be able to apply under Part 8 of the Immigration Rules if you are a new applicant and cannot benefit from the previous policy. The main difference is that the financial test and the periods of grant which are granted under this policy are different to Appendix FM of the Immigration Rules.

Applying for ILR under the UK civil partner visa

You can apply for indefinite leave to remain once you have completed a period of continuous 5 years residency under the UK civil partner visa or 10 years residency if you did not meet all the requirements.

How to apply for a UK civil partner visa application?

The civil partner visa application will need to be applied online as part of the digital transformation changes made by the Home Office. You must ensure that you select the correct application form, and complete the relevant details on the form.

The visa processing times for a UK civil partner visa application

The timeframes for an application cannot be absolute; however the general guidelines are for the visa is set around 12 weeks. The process of that application be sped up through the use of the priority service however this is not guaranteed. 

Appeal rights if the UK civil partner visa application is refused?

If the UK civil partner visa application is refused, right to appeal is generated under human rights grounds. The appeal must be lodged in time, if the application was done in the UK, you will have 14 days to lodge the appeal. However if the application was lodged outside of the UK, then there is a window of 28 days to lodge the appeal.

Whilst lodging your appeal, you must complete the appropriate claim form and legal grounds including supporting evidences you wish to rely upon. If the grounds are correctly raised, in most cases, the Home Office may reconsider their position and withdraw from the original decision.

Trusting ICS Legal with your UK Spouse Visa application?

We appreciate the diverse challenges we face from 'No Win No Fee firms and 100% success rates'. ICS Legal are not in the business to provide such promises, after all we are not the Home Office. Our trust with you is based on conversation, in spite of everything and above all you are buying our expertise. Speaking to us will give you the comfort and satisfaction that we are the right Migration Partner for you.

We have been part of the changes and will continue to be part of this, as we continue to support our Clients through their UK civil partner visa application. You can contact us on 0207 237 3388 to get more information on how we can help you.

 

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