UK Civil Partner Visa

UK Civil Partner Visa

The UK Civil Partner Visa is intended for individuals who are settled in the UK, pre-settled, have a Turkish Businessperson or Turkish Worker visa, or have refugee status or humanitarian protection and wish to join or remain with their civil partner in the UK. This visa is available to civil partners of British or Irish citizens. If your civil partner is currently outside the United Kingdom but plans to return with you, you may also apply for a UK Civil Partner Visa.

UK Civil Partner Visa

The UK Civil Partner Visa is intended for individuals who are settled in the UK, pre-settled, have a Turkish Businessperson or Turkish Worker visa, or have refugee status or humanitarian protection and wish to join or remain with their civil partner in the UK. This visa is available to civil partners of British or Irish citizens. If your civil partner is currently outside the United Kingdom but plans to return with you, you may also apply for a UK Civil Partner Visa.

The UK Civil Partner Visa has the potential to result in indefinite leave to remain or settlement in the UK after a five-year period.

UK Civil Partner Visa Requirements

UK Visas and Immigration will require that you satisfy the following criteria in order to qualify for a UK Civil Partner Visa:

  • Your partner has been granted pre-settled status, is British or Irish, is settled in the UK, possesses a Turkish Businessperson or Turkish Worker visa, or has refugee status or humanitarian protection.
  • You and your companion are both over the age of 18.
  • You and your companion are not in a prohibited degree of relationship.
  • You and your companion have had the opportunity to meet in person.
  • You and your partner are legally in a civil partnership that is recognised in the United Kingdom.
  • There is a genuine and ongoing relationship between you.
  • In the United Kingdom, you and your companion plan to reside permanently together.
  • Any previous relationship that has ended irrevocably.
  • You fulfil a financial obligation.
  • The accommodation is sufficient for you and any dependents.
  • You possess a sufficient level of proficiency in the English language.

The specific requirements that must be met in order to qualify for a Civil Partner Visa may differ based on your personal circumstances. For expert guidance, it may be beneficial to consult with an immigration attorney.

To discuss your UK Civil Partner Visa application with one of our immigration solicitors, contact our UK Civil Partner Visa lawyers on 01206500181or complete our enquiry form below.

 

Status of Sponsoring Partner

In order to be eligible for a UK Civil Partner Visa, your partner must undergo one of the following:

  • Be a British or Irish citizen residing in the United Kingdom; or
  • Possess permanent residence, settled status, or indefinite leave to remain in the United Kingdom; or
  • Be pre-settled under Appendix EU; or
  • Possess restricted leave to continue serving as a Turkish businessperson or worker under Appendix ECAA; or
  • Possess humanitarian protection status or refugee leave in the United Kingdom;

A British Citizen in the United Kingdom is defined as a British citizen who is accompanying you as your companion. A person who is being admitted for settlement on the same occasion as you is considered to have indefinite leave to remain in the UK.

Minimum Age for a Civil Partner Visa

On the date of submission of your Civil Partner Visa application, both you and your partner must be at least 18 years of age.

UK Civil Partner Visa Relationship Requirement 

The relationship requirement for the UK Civil Partner Visa is comprised of several components:

  • You and your partner must not be within a prohibited degree of relationship;
  • You and your partner must have met in person;
  • You and your partner must be legally in a valid civil partnership;
  • Your relationship must be genuine and subsisting;
  • You and your partner must intend to live together permanently in the UK;
  • Any previous relationship must have broken down permanently.

Prohibited Degree of Relationship Requirement

To be eligible for a UK Civil Partnership Visa, you and your civil partner must not be in a prohibited degree of relationship, as defined in the Marriage Act 1949, the Marriage (Prohibited Degrees of Relationship) Act 1986, and the Civil Partnership Act 2004.

This implies that you and your civil companion are not related in any of the following ways:

  • Adoptive child
  • Adoptive parent
  • Child
  • Former adoptive child
  • Former adoptive parent
  • Grandparent
  • Grandchild
  • Parent
  • Parent’s sibling
  • Sibling
  • Sibling’s child

In this enumeration, the term "sibling" refers to a brother, sister, half-brother, or half-sister.

Until both parties are 21 years of age or older, a civil partnership between an individual and any individual in the following list will not be eligible for a Civil Partner Visa, provided that the younger party has not been a child of the family in relation to the other party at any time prior to the age of 18.

  • Child of former civil partner
  • Child of former spouse
  • Former civil partner of grandparent
  • Former civil partner of parent
  • Former spouse of grandparent
  • Former spouse of parent
  • Grandchild of former civil partner
  • Grandchild of former spouse

Requirement to Have Met in Person

Your civil companion and you must have encountered each other in person. The requirement to have "met" entails the ability to show that a mutual acquaintance was formed as a result of a face-to-face meeting. The requirements for a UK Civil Partner Visa cannot be met by merely engaging in face-to-face communication, followed by telephone or written correspondence.

Requirement for Civil Partnership to Be Recognised in the UK

To be eligible for a UK Civil Partner Visa, you and your partner must have entered into a civil partnership that is recognised in the United Kingdom.

Civil Partnership in the UK

All civil partnerships that occur in the United Kingdom must be monogamous and must be conducted in accordance with the Civil Partnership Act 2004 in order to be considered valid.

This implies that any necessary notice of intention to enter into a civil partnership must have been provided, the civil partnership must have occurred at a location that is registered to conduct civil partnerships, and the civil partnership must have been conducted by or in the presence of a person authorised to register civil partnerships. In order for your civil partnership to be recognised as valid, both you and your civil companion must have been at least 18 years old (in England and Wales) or 16 years old (in Scotland and Northern Ireland) on the date of registration.

A civil partnership certificate is required to serve as evidence of a civil partnership in the United Kingdom.

Civil Partnership Outside the UK

An overseas civil partnership will be recognised in the UK if:

  • The type of civil partnership is recognised in the country in which it took place; 
  • The civil partnership was properly conducted to satisfy the requirements of the law of the country in which it took place; 
  • There is nothing in the laws of either person’s country of domicile at the time of the civil partnership which prevented the civil partnership being recognised; and 
  • Any previous civil partnerships of the couple had broken down permanently.

A reasonable equivalent to a civil partnership certificate, which is legitimate under the law of the relevant country, must be used to establish a civil partnership outside the UK.

Overseas Relationships Recognised as Civil Partnerships

In the event that all of the following conditions are satisfied, the Civil Partnership Act 2004 recognises an overseas relationship as a civil partnership in the United Kingdom:

  • The relationship is registered with a responsible authority in a country or territory outside the UK;
  • Both parties are not already married or in a civil partnership;
  • The relationship is exclusive in nature;
  • The relationship is indeterminate in duration;
  • The relationship results in the parties being regarded as a couple or treated as married.

A list of overseas relationships that will be recognised as civil partnerships in the UK is provided in Schedule 20 of the Civil Partnership Act 2004 (as amended by The Civil Partnership Act 2004 (Overseas Relationships) Order 2012).

Genuine and Subsisting Relationship Requirement

To be eligible for a UK Civil Partner Visa, you must submit evidence to the Home Office that your relationship with your partner is a genuine and subsisting relationship.

On a case-by-case basis, decisions regarding the authenticity and ongoingness of a relationship are made, taking into consideration all available evidence and individual circumstances.

Factors Considered by the Home Office When Deciding Whether a Relationship Is Genuine and Subsisting

Factors which may be considered by the Home Office when determining whether your relationship is genuine and subsisting include:

  • Whether you and your civil partner are in a current, long-term relationship; 
  • Whether you and your civil partner have been or are now living together;
  • Whether you and your civil partner have children together (biological, adopted or step-children) and shared responsibility for them; 
  • Whether you and your civil partner share financial responsibilities;
  • Whether you and your civil partner have visited the other’s home country and family;
  • Whether you and your civil partner have made definite plans concerning the practicalities of living together in the UK;

If the Home Office has doubts as to the genuine and subsisting nature of your relationship then it may undertake further checks, interview you and your civil partner or arrange a home visit.

Documents Required to Prove a Genuine and Subsisting Relationship

Significant evidence of regular contact, indications of affection and companionship, emotional support, and an abiding interest in each other's welfare and wellbeing will be anticipated by the Home Office.

The Home Office will require evidence of cohabitation in addition to a civil partnership certificate. Ideally, documents should be prepared in the joint name of you and your civil companion. Alternatively, it is feasible to depend on documents that are addressed to you both individually at the same address. Documents should be sourced from a variety of sources and be dated within the past few years.The submission of official documents is preferable; however, if it is not feasible to submit exclusively official documents, other documents that demonstrate cohabitation may also be submitted.

There is also the possibility of presenting unofficial evidence of a relationship if you and your civil partner have not lived together for an extended period.

As previously stated, the Home Office anticipates the presence of substantial evidence of a genuine and ongoing relationship. In the event that the Home Office has reservations regarding the authenticity and permanence of your relationship, it may conduct additional investigations, interview you and your civil spouse, or schedule a home visit. Your application for a Civil Partner Visa will be denied if there are reasonable grounds to doubt the authenticity or continuation of your relationship.

Our immigration solicitors frequently provide guidance to Civil Partner Visa applicants regarding the documentary evidence that the Home Office anticipates in order to verify that their relationship is genuine, rooted in shared values and genuine affection, and that it is currently ongoing at the time of the application. We do not rely on templated lists of documents and exclusively provide our clients with the necessary documents to establish a genuine and ongoing relationship based on their unique personal circumstances.  

Intention to Live Together Permanently in the UK

UK Visas & Immigration will require assurance that you and your civil companion intend to reside permanently in the United Kingdom in order to qualify for a Civil companion Visa.

During the initial stage of the Civil Partner Visa application process, both of you will be required to provide a clear commitment to reside together permanently in the UK either immediately upon the outcome of your application or as soon as possible thereafter.

The Home Office will anticipate that any periods of time spent outside the UK will be restricted, provided that they are justified and consistent with the intention to reside permanently in the UK, when you apply for further leave to remain or indefinite leave to remain as a civil partner. Time spent abroad for work, vacation, training, or education may serve as valid justifications.

If you or your civil partner spend the majority of your time abroad, the Home Office may question your commitment to permanently residing together in the United Kingdom. During the period of time spent outside the UK, the Home Office will evaluate the reasons for travel, the duration of the absence, and whether you and your civil partner travelled and were living together.

Previous Relationship Broken Down Permanently

The Home Office will expect to be satisfied that neither you nor your civil partner are married to or in a civil partnership with another individual at the time of your application for entry clearance as a civil partner.

If you or your civil spouse have been previously married or in a civil partnership, you will be required to submit evidence that the marriage or civil partnership has been legally dissolved.

An Unmarried Partner Visa may still be available to you if you or your civil partner have been previously married or in a civil partnership and this marriage or civil partnership has not been legally dissolved. You will be required to furnish evidence that the new relationship is genuine and ongoing, and that the previous relationship has broken down irreversibly.

UK Civil Partner Visa Financial Requirement

To satisfy the financial requirement for the Civil Partner Visa, it is necessary to demonstrate that you can be adequately supported in the UK without relying on public funds.

According to the financial requirement for a UK Civil Partner Visa application, you must prove that your civil partner (or both of you jointly if you are in the UK with valid leave to remain) has a cumulative annual income of at least £29,000, unless you are exempt.

The minimal income requirement no longer includes a distinct child element.

When the financial requirement for a UK Civil Partner Visa is that the sponsor can "adequately maintain and accommodate" the family member being sponsored to enter or remain in the UK, different considerations will apply if your civil partner is in receipt of certain state benefits or entitlements.

When you initially apply to enter the UK as a civil partner, when you apply to extend your stay as a civil partner, and when you apply for indefinite leave to remain as a civil partner, you will be required to satisfy the financial eligibility requirement.

The financial requirements for the Civil Partner Visa under the Immigration Rules are intricate and necessitate the submission of mandatory documentary evidence. Applicants are responsible for proving that the financial requirement has been satisfied. The absence of mandatory financial evidence is one of the most prevalent causes of Civil Partner Visa application rejection.  

How to Satisfy the UK Civil Partner Visa Financial Requirement

The UK Civil Partner Visa financial requirement can be met in a variety of ways, such as by relying on the income from the salaried or non-salaried employment of your civil partner (and/or you, if you are in the UK with permission to work).

For instance, income from property rentals or dividends from shares are examples of non-employment income.

Cash savings of your partner and/or yourself, in excess of £16,000, that have been under the control of your civil partner and/or yourself for a minimum of six months;

State (UK or foreign), occupational, or private pension of your civil partner and/or yourself;

Income from self-employment and income as a director or employee of a specified limited company in the UK, for your civil partner (and/or yourself if you are in the UK with permission to work).

In certain situations, it may be feasible to utilise a combination of the aforementioned sources of income to meet the financial obligation.

As previously mentioned, your civil partner's receipt of specific state benefits or entitlements will necessitate distinct considerations.

Additionally, applicants for the Civil Partner Visa who depend on cash savings to meet the financial requirements of the visa may wish to consider that the amount of cash savings required for an entry clearance and extension application is distinct from the amount required for an indefinite leave to remain application.

Other credible and reliable sources of income, financial support, or funds available to the couple may be considered in exceptional circumstances where the refusal of the Civil Partner Visa application could otherwise violate ECHR Article 8.

Our immigration solicitors are proficient in the financial requirements of the Civil Partner Visa and frequently provide assistance to UK Civil Partner Visa applicants in navigating the intricate evidential requirements.

To discuss your UK Civil Partner Visa application with one of our immigration solicitors, contact our UK Civil Partner Visa lawyers on 01206500181or complete our enquiry form below.

 

Civil Partner Visa Accommodation Requirement 

You will be required to submit evidence that there will be sufficient accommodation available for you and your civil partner, without the necessity of utilising public funds, in accommodation that you either own or occupy exclusively, regardless of whether you are applying for entry clearance or for additional leave to remain as a civil partner.

You will be required to furnish evidence that the property is legally and exclusively owned or occupied, that you are legally and exclusively entitled to occupy the property, and that the property will not be congested or in violation of public health regulations.

Civil Partner Visa English Language Requirement 

As part of your Civil Partner Visa application, you will be required to demonstrate to the Home Office that you meet an English language requirement, unless you are exempt.

You will be required to demonstrate proficiency in the English language at a minimum of CEFR level A1 when applying for entry clearance or transitioning to the Civil Partner Visa route. In order to petition for additional leave to remain as a civil partner, you must demonstrate proficiency in the English language at a minimum of CEFR level A2.

The English language requirement for the Civil Partner Visa can be satisfied by:

  • Holding the nationality of a majority English speaking country;
  • Passing an approved English language test at or above the required CEFR level, with an approved provider as set out on Approved Secure English Language Tests and Test Centres; or
  • Having an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK; or, if awarded outside the UK, is deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis (formerly UK NARIC) has confirmed that the degree was taught or researched in English at or above the required CEFR level.

In order to be exempt from the English language requirement you will normally have to prove that either:

  • You are over the age of 65 at the date of application;
  • You have a physical or mental disability which prevents you from meeting the English language requirement; 
  • There are exceptional circumstances which mean that you cannot satisfy the English language requirement before entering the UK.

If you are not able to demonstrate that you meet the English language requirement (or are exempt), then your Civil Partner Visa application will be refused.

UK Civil Partner Visa Supporting Documents Checklists

The most prevalent reason for the rejection of a Civil Partner Visa application is the absence of adequate documentary evidence to substantiate the application.

The Immigration Rules impose stringent requirements for the documents that must be submitted in support of a UK Civil Partner Visa application. The necessary supporting documents for a Civil Partner Visa application will differ from case to case, as each case is unique.

Applicants should exercise extreme caution when employing pre-prepared document protocols for Civil Partner Visa applications. Advice from an immigration attorney will guarantee that the documents specified are suitable for the unique circumstances of each individual.

Simultaneously, the application for a Civil Partner Visa may be denied if a necessary document is not submitted, is in the incorrect format, or does not contain all of the required information. The outcome of appeals may be uncertain and the process may take many months to complete. Additional costs and delays will be associated with a new application.

Our immigration solicitors offer Civil Partner Visa applicants expert guidance on the necessary documents for a successful application and verify that the supporting documents are in accordance with the Immigration Rules. 

UK Civil Partner Visa Application Fee

Currently, the Home Office charges a fee of £1,846 for the submission of a UK Civil Partner Visa application from outside the UK. Currently, the Home Office charges a fee of £1,048 for the application to transfer into the civil partner category from within the UK or to extend one's stay as a civil partner. Using the Priority or Super Priority Service will incur additional surcharges.

UK Civil Partner Visa Processing & Decision Waiting Times

The current processing period for a Civil Partner Visa application submitted outside the UK by the Home Office is 24 weeks. Typically, a decision will be issued within 30 working days if you submit an application through the Priority Service. Out-of-country applications are not eligible for the Super Priority Service.

The Home Office is presently determining applications to switch into or extend as a civil partner that are submitted from within the UK within eight weeks. Nevertheless, it may take approximately 12 months to receive a decision if you do not meet the minimum income or English language requirements.

There is no 5-day Priority Service for in-country civil partner applications. However, if you submit through the Super Priority Service, you should receive a decision by the end of the next business day.

Duration of a UK Civil Partner Visa

Upon approval of your application for a UK Civil Partner Visa, your civil partner visa will be valid for a period of 33 months. Leave to remain in the United Kingdom as a civil partner will be granted for a period of 30 months upon application.

You will be required to submit an application to UK Visas and Immigration to extend your stay prior to the expiration of your initial leave. If your application for additional leave to remain as a civil partner is approved, you will be granted an additional 30 months of leave to remain.

You will be eligible to apply for indefinite leave to remain after spending five years in the UK as a civil partner.

Switching Into the Civil Partner Visa Route From Within the UK

Unless you are in the UK as a visitor or, with few exceptions, have valid leave conferred for a period of 6 months or less, you are able to apply for leave to remain as a civil partner from within the UK.

Visitors who aspire to establish a permanent residence in the United Kingdom with their civil partner should depart the country and submit an application for entry clearance as a civil partner from abroad.

Exceptionally, you may apply for leave to remain as a civil partner from within the UK if you are in the country with permission as a proposed civil partner or were granted leave pending the outcome of family court or divorce proceedings. 

Working in the UK on a Civil Partner Visa

Holders of a Civil Partner Visa are granted the complete right to work in the United Kingdom.

Indefinite Leave to Remain as a Civil Partner

If your Civil Partner Visa application is approved, you will be granted permission to enter the United Kingdom for a period of two and a half years (plus an additional three months if you are applying for entry clearance). Before your leave expires, you must submit an extension application. If your civil partner extension application is approved, you will be granted additional leave for a period of two and a half years.

You may be eligible to apply for indefinite leave to remain in the UK after spending five years (60 months) in the country on the Civil Partner Visa route.

In order to qualify for indefinite leave to remain as a civil partner, you must also satisfy the following criteria:

  • Since you have been in the civil partner category you have lived together with your civil partner in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period when you have not done so;
  • You meet the higher CEFR Level B1 English Language requirement that applies to settlement applications;
  • You have passed the Life in the UK test (unless exempt)..

If you fail to meet the aforementioned criteria and submit an application for indefinite leave to remain as a civil partner, UK Visas and Immigration will proceed to determine whether you meet the criteria for an additional extension of your civil partnership.

UK Civil Partner Visa Frequently Asked Questions

How Can I Register a Civil Partnership in the UK?

There are two primary immigration routes available for individuals who wish to register a civil partnership in the United Kingdom: the Civil Partnership Visit visa and the Proposed Civil Partner visa.

The Civil Partnership Visit visa is intended for individuals who intend to establish a civil partnership or provide notice of a civil partnership in the United Kingdom.

Engaged partners of British or Irish citizens, individuals who are settled in the UK, individuals with pre-settled status, individuals with a Turkish Businessperson or Turkish Worker visa, and individuals with refugee status or humanitarian protection who wish to establish a civil partnership in the UK within six months of their arrival are eligible for the proposed Civil Partner visa.

Where Can I Apply for A UK Civil Partner Visa?

If you are a resident of a country other than the United Kingdom and are applying for a Civil Partner Visa, you should submit your application in the country where you currently reside, unless you are visiting. It is unnecessary to be a citizen of the nation.

You may petition for leave to remain as a civil partner from within the United Kingdom if you have been granted permission to stay for a period exceeding six months.

If you have been granted a six-month or shorter leave of absence, such as a visitor, you will be required to depart the United Kingdom and submit an application for entry clearance as a civil partner from abroad. The concession that permitted visitors to submit applications from within the United Kingdom during the Covid-19 pandemic is no longer in effect.

How Do I Apply for a UK Civil Partner Visa?

An online application form is utilised to submit applications for civil partner visas. The application form is distinct based on whether the applicant is submitting the application from within the United Kingdom or from abroad.

Prior to submitting an application for a UK Civil Partner Visa, it is imperative that you consult with an immigration counsel to ensure that the application form is appropriate for your specific circumstances.

While completing the Civil Partner Visa application form, it is imperative that you prepare your supporting documents. This is due to the fact that there are specific document requirements that require your documents to be dated prior to the date on which you submit the online application form.

The current system enables individuals to submit scans of the supporting documents for their civil partner visa for the Home Office to assess. Nevertheless, it is advisable to verify the specific application process for the country in which you plan to apply at the time of your application, as the Home Office periodically modifies this system.

Will My Overseas Civil Partnership Be Recognised by the Home Office? 

A civil partnership that has occurred outside of the United Kingdom will be acknowledged by the Home Office, provided that:

The country in which the civil partnership occurred recognises the sort of civil partnership.

The civil partnership was conducted in accordance with the laws of the country in which it occurred.

The recognition of the civil partnership is not impeded by the laws of either individual's country of domicile at the time of the marriage.

The couple has experienced an irrevocable breakdown of any previous marriages or civil partnerships.

In general, the UK will recognise your civil partnership as valid if the country in which it was formed does so, with the exception of certain additional requirements regarding age, prohibited degrees of relationship, and previous divorces.

The Civil Partnership Act 2004 also recognises specific overseas relationships as equivalent to a civil partnership in the UK, as previously mentioned.

When Can I Apply for a British Passport?

You will be granted a two-and-a-half-year period upon your initial entry into the Civil Partner Visa category, with an additional three months if you apply for Entry Clearance. You will be required to submit an extension application prior to the expiration of this leave in order to receive an additional two and a half years.

The majority of individuals in the Civil Partner Visa category are on a five-year path to settlement. This implies that they are eligible for Indefinite Leave to Remain after receiving two 30-month grants.

Four grants of absence will be required for certain individuals who are on a ten-year journey to settlement. If you transition from the five-year route to the ten-year route after entering the UK, you may count both leave grants towards the ten-year route requirement.

If you are married to a British national, you may petition to naturalise as a British citizen immediately after obtaining Indefinite Leave to Remain in the UK. Should you not be married to a British national, you will be required to wait a minimum of 12 months before submitting an application.

What if My Civil Partner Visa Application Is Refused?

If your application for a UK Civil Partner Visa is denied, you are entitled to an appeal. This is due to the fact that a civil partner application is automatically considered a human rights claim.

The appeal will be considered at the First-tier Tribunal (Immigration and Asylum Chamber) in the United Kingdom.

If you are located in the United Kingdom, you and your civil companion will have the opportunity to present evidence to the judge.

If you are located outside of the United Kingdom, your civil partner will be permitted to attend; however, you may submit a statement and evidence for the Tribunal's consideration. If it is deemed appropriate in your situation, arrangements may be made for you to provide evidence remotely.

The outcome of immigration appeal proceedings may be uncertain and can take many months to be determined. Again, we suggest that you obtain legal counsel and representation from a specialised immigration attorney prior to appealing a decision to deny a Civil Partner Visa application.

What if I Cannot Satisfy the Requirements for a UK Civil Partner Visa?

You may still be able to enter or remain in the UK on human rights grounds if you are unable to meet the requirements for a UK Civil Partner Visa. For instance:

  • You have a child in the UK who is a British or Irish citizen;
  • You have a child in the UK who has lived in the UK for at least 7 years and it would be unreasonable for them to leave the UK;
  • There would be very significant difficulties for you and your civil partner that could not be overcome if you lived together as a couple outside the UK;
  • It would otherwise breach your human rights to prevent you from coming to the UK or to make you leave the UK.