UK Proposed Civil Partner Visa

UK Proposed Civil Partner Visa

The UK Proposed Civil Partner Visa is intended for individuals who are engaged to British or Irish citizens, individuals who have 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. This visa allows them to enter into a civil partnership in the UK within 6 months of their arrival. To apply for a UK Proposed Civil Partner Visa, one must submit the application from a location outside of the UK.

UK Proposed Civil Partner Visa

The UK Proposed Civil Partner Visa is intended for individuals who are engaged to British or Irish citizens, individuals who have 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. This visa allows them to enter into a civil partnership in the UK within 6 months of their arrival. To apply for a UK Proposed Civil Partner Visa, one must submit the application from a location outside of the UK.

The UK Proposed Civil Partner Visa does not provide a straightforward pathway to obtaining permanent residency in the UK. After registering a civil partnership in the UK, you can apply for an extension of your stay using the Civil Partner visa route while remaining in the UK. The UK Civil Partner Visa might result in obtaining indefinite leave to remain or settlement in the UK after a duration of 5 years.

UK Proposed Civil Partner Visa Requirements

To be eligible for a UK Proposed Civil Partner Visa, you must demonstrate to UK Visas and Immigration that you fulfil the following criteria:

  • If your partner is either British or Irish, residing in the UK, and has been given pre-settled status, has a Turkish Businessperson or Turkish Worker visa, or has been awarded refugee status or humanitarian protection, then they meet the criteria.
  • Both of you are above the age of 18;
  • You have had a face-to-face encounter;
  • Your bond is authentic and currently existing;
  • You plan to formalise a civil partnership within a period of six months after your arrival in the United Kingdom.
  • All past relationships have irreversibly ended;
  • You have the intention of establishing a permanent residence together in the United Kingdom.
  • You will receive sufficient support in the UK without needing to rely on state subsidies;
  • There is sufficient lodging available for you and any individuals that rely on you;
  • You possess the necessary proficiency to speak and comprehend English.

The specific criteria that must be met to be eligible for a Proposed Civil Partner Visa may differ based on individual circumstances. It is advisable to see an immigration attorney for specialised guidance.

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

 

Status of Sponsoring Partner

To be eligible for a UK Proposed Civil Partner Visa, your partner must meet one of the following criteria:

  • Be a British or Irish citizen in the UK; or
  • Have indefinite leave to remain, settled status or permanent residence in the UK; or
  • Have pre-settled status under Appendix EU; or
  • Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA; or
  • Have refugee leave or humanitarian protection status in the UK.

A British Citizen in the UK refers to a British Citizen who is accompanying you as your partner when you enter the UK. An individual having indefinite leave to remain in the UK refers to someone who is being granted settlement at the same time as you.

Minimum Age for a Proposed Civil Partner Visa

Both you and your partner must be at least 18 years old when you submit your Proposed Civil Partner Visa application.

UK Proposed Civil Partner Visa Relationship Requirement 

The UK Proposed Civil Partner Visa relationship requirement has various elements to it:

  • You and your partner must not be within a prohibited degree of relationship;
  • You and your partner must have met in person;
  • Your relationship must be genuine and subsisting;
  • You must be coming to the UK to enable your civil partnership to take place in the UK within 6 months of your arrival;
  • Any previous relationship must have broken down permanently;
  • You and your partner must intend to live together permanently in the UK.

Prohibited Degree of Relationship Requirement

To be eligible for a UK Proposed Civil Partnership Visa, you and your intended civil partner must not have a relationship that is forbidden by the Marriage Act 1949, the Marriage (forbidden Degrees of Relationship) Act 1986, and the Civil Partnership Act 2004.

It is required that you and your intended civil partner do not have any familial relationship in the following manners:

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

In this list ‘sibling’ means a brother, sister, half-brother or half-sister.

A proposed civil partnership between two individuals will only be eligible for a proposed civil partner visa if both parties are 21 years old or older. Additionally, the younger party must not have been considered a child of the family in relation to the other party before turning 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

Both you and your intended civil partner are required to have had a physical meeting. The criterion of 'meeting' necessitates the ability to provide evidence of an in-person encounter that led to the establishment of a shared acquaintance. Mere physical or verbal communication, whether in person or through phone or writing, would not meet the criteria for obtaining a UK Proposed Civil Partner Visa.

Genuine and Subsisting Relationship Requirement

To be eligible for a UK Proposed Civil spouse Visa, you must furnish the Home Office with proof that your connection with your spouse is authentic and ongoing.

Assessments regarding the authenticity and continuation of a relationship are determined on a case-by-case basis, considering all the facts and specific circumstances.

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

The Home Office takes into account various factors while assessing the authenticity and continuity of your connection, such as:

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

If the Home Office has concerns regarding the authenticity and enduring nature of your connection, it may conduct additional investigations, interview both you and your intended civil partner, or schedule a visit to your residence.

Documents Required to Prove a Genuine and Subsisting Relationship

The Home Office will want substantial proof of frequent communication, displays of affection and companionship, emotional assistance, and a strong concern for each other's welfare and well-being.

The Home Office typically requires proof of cohabitation.It is preferable for the documents to be in both your name and the name of your intended civil partner. Alternatively, you can depend on documents that are specifically sent to both individuals residing at the same address. Documents must have a recent date and come from a variety of sources. While official documents are the preferable form of proof, alternative documents that demonstrate cohabitation can be filed if official documents are not available.

If you and your intended civil partner have not cohabitated, or have not cohabitated for a significant duration, it is also feasible to present informal proof of a connection.

As previously stated, the Home Office will require substantial evidence of a legitimate and ongoing relationship. If the Home Office harbours suspicions regarding the authenticity and enduring nature of your connection, it may conduct additional investigations, interview both you and your intended civil partner, or schedule a visit to your residence. If there are valid reasons to question the authenticity or continuation of your connection, your application for a Proposed Civil Partner Visa will be denied.

Our immigration solicitors frequently provide guidance to applicants for the Proposed Civil Partner Visa regarding the specific documentary evidence that the Home Office requires to establish the authenticity of their relationship, which should be rooted in genuine affection and shared values, and must be ongoing at the time of the application. We do not depend on standardised lists of documents and exclusively provide guidance to our clients regarding the specific documents required to demonstrate an authentic and ongoing relationship, based on their individual circumstances.  

Intention to Register a Civil Partnership in the UK Within 6 Months

In order to facilitate the occurrence of your civil partnership in the United Kingdom, it is necessary for you to be seeking entry into the country. Additionally, it is important to note that the Proposed Civil Partner Visas have a duration of 6 months. Therefore, it is necessary to demonstrate to the Home Office that you have the intention to officially register a civil partnership within 6 months of your arrival in the UK. The Home Office typically requires some form of documentation or proof about the planning and organisation of your civil partnership ceremony.

Previous Relationship Broken Down Permanently

To be eligible for a UK Proposed Civil Partner Visa, both you and your proposed civil partner must not be currently married or in a civil partnership with another individual at the time of your visa application. Both individuals must possess the freedom to enter into matrimony.

If you have been previously married or have entered into a civil partnership, you must provide evidence to the Home Office that you are legally divorced, your civil partnership has been officially dissolved, or you are widowed.

You must furnish documentary evidence that adheres to the stipulations outlined in the Immigration Rules.

If either you or your intended civil partner had been previously married or entered into a civil partnership that has not been officially terminated, you may still be eligible for an Unmarried Partner Visa. It is necessary for you to present proof that the new relationship is authentic and ongoing, and that the prior relationship has irreversibly ended.

Intention to Live Together Permanently in the UK

To be eligible for a Proposed Civil Partner Visa, UK Visas & Immigration requires assurance that you and your intended civil partner have the intention to permanently reside together in the UK.

During the initial stage of the Proposed Civil Partner Visa application, it is necessary for both parties to make a definite commitment to permanently reside together in the UK immediately after the application is approved, or as soon as circumstances allow.

When submitting an application for an extension of stay or permanent residency as a civil partner, the Home Office will require that any periods of time spent outside the UK are restricted, with valid justification and in line with the aim to permanently reside together in the UK. Valid justifications may encompass periods of time spent abroad for professional purposes, vacations, educational pursuits, or training.

If you or your prospective civil partner spend a significant amount of time abroad, the Home Office may question your commitment to establishing a permanent residence together in the UK. The Home Office will evaluate the purpose of travel, duration of time away, and whether you and your civil partner cohabitated during your stay outside of the UK.

UK Proposed Civil Partner Visa Financial Requirement

To prove that you can be sufficiently supported in the UK without relying on public funding, you must meet the financial criteria for the Proposed Civil Partner Visa.

The financial criteria for a UK Proposed Civil Partner Visa application stipulate that, unless exempt, you must provide evidence that your intended civil partner (or both of you jointly if you are currently in the UK with valid permission to stay) has a minimum gross annual income of £29,000.

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

If your potential civil partner is currently receiving specific state benefits or entitlements, different factors will come into play when assessing the financial requirement for a UK Proposed Civil Partner Visa. In this case, the sponsor must be able to sufficiently support and provide housing for the family member they are sponsoring to enter or stay in the UK.

Meeting the financial criteria is necessary during the first application to join the UK as a prospective civil partner, as well as during the application to prolong your stay and when applying for indefinite permission to remain as a civil partner.

The Immigration Rules pertaining to the financial need for the Proposed Civil Partner Visa are intricate and encompass compulsory criteria for documented evidence. Applicants are responsible for proving that they meet the financial criterion. A frequent cause for rejection of a Proposed Civil Partner Visa application is the failure to furnish compulsory financial documentation.   

How to Satisfy the UK Proposed Civil Partner Visa Financial Requirement

The financial requirement for the UK Proposed Civil Partner Visa can be fulfilled through many means, such as relying on:

  • Income from salaried or non-salaried employment of your proposed civil partner (and/or you if you are in the UK with permission to work); 
  • Non-employment income, for example, income from property rental or dividends from shares; 
  • Cash savings of your partner and/or yourself, above £16,000, held by your proposed civil partner and/or you for at least 6 months and under their / your control;
  • State (UK or foreign), occupational or private pension of your proposed civil partner and/or yourself;
  • Income from self-employment, and income as a director or employee of a specified limited company in the UK, of your proposed civil partner (and/or you if you are in the UK with permission to work).

Under some conditions, it is feasible to depend on a combination of the aforementioned sources of income to meet the financial criteria.

If your intended civil spouse is receiving specific state benefits or entitlements, different factors will need to be taken into account, as previously stated.

Applicants for the Proposed Civil Partner Visa who are using cash savings to meet the financial requirement should be aware that the amount of savings needed for the visa application and extension is different from the amount needed when applying for indefinite leave to remain as a civil partner.

If there are extraordinary situations where denying the application for the Proposed Civil Partner Visa would violate ECHR Article 8, alternative sources of income, financial assistance, or monies that the couple has access to may be considered.

Our immigration solicitors specialise in the financial requirement regulations for the Proposed Civil Partner Visa and frequently help UK applicants of this visa to understand and meet the complicated evidence requirements.

Proposed Civil Partner Visa Accommodation Requirement 

When you submit an application for entrance clearance as a prospective civil partner, you must furnish proof that there will be sufficient accommodation accessible to you and your prospective civil partner, without the necessity of depending on public funds, in a property that you either own or have sole occupancy of.

In order to proceed, you must present proof on the ownership or occupancy status of the property. This proof should establish that you have a legal and exclusive right to occupy the property, and that the property will not be overcrowded or violate any public health rules.

Proposed Civil Partner Visa English Language Requirement 

Unless you are exempt, as part of your application for a Proposed Civil Partner Visa, you must demonstrate to the Home Office that you meet the English language requirement.

When seeking entrance clearance through the Proposed Civil Partner Visa route, it is necessary to prove proficiency in the English language at a minimum level of CEFR A1. After successfully transitioning to the civil partner route, when you request for an extension of your stay as a civil partner (after having already held leave as a civil partner for 2.5 years), you will be required to prove your proficiency in the English language, at a minimum level of CEFR A2.

To fulfil the English language requirement for the Proposed Civil Partner Visa, you can:

  • 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 Proposed Civil Partner Visa application will be refused.

UK Proposed Civil Partner Visa Supporting Documents Checklists

The primary basis for rejection of a Proposed Civil Partner Visa application is typically the inadequate inclusion of documentation proof to substantiate the applicant's case.

The Immigration Rules impose stringent criteria for the documentation that must be provided to support an application for a UK Proposed Civil Partner Visa. The supporting documentation needed for a Proposed Civil Partner Visa application will differ for each instance, as every case is unique.

Applicants must use caution while utilising pre-existing document checklists for Proposed Civil Partner Visa applications. Seeking guidance from an immigration attorney can guarantee that the listed documents are suitable for one's specific circumstances.

If a necessary document is not provided, is in an incorrect format, or does not include all essential information, the application for a Proposed Civil Partner Visa may be rejected. The process of appeals can often span several months before a final decision is reached, and the ultimate result may be unpredictable. The submission of a new application will result in additional expenses and a further postponement.

Our immigration solicitors offer specialised guidance to applicants for the Proposed Civil Partner Visa regarding the necessary documentation for a successful application. They also review supporting documents to ensure compliance with the Immigration Rules.  

UK Proposed Civil Partner Visa Application Fee

The current charge for a UK Proposed Civil Partner Visa application submitted outside the UK is £1,846, as set by the Home Office. The current price for switching into the civil partner category from within the UK or extending stay as a civil partner is £1,048, as set by the Home Office. Extra charges will be incurred if you utilise the Priority Service.

UK Proposed Civil Partner Visa Processing & Decision Waiting Times

The current processing time for a Proposed Civil Partner Visa application submitted outside the UK by the Home Office is 24 weeks. By utilising the Priority Service, you can expect to get a judgement within a maximum of 30 business days. Out-of-country applications do not have a Super Priority Service available.

Applications for the proposed civil partner visas can only be submitted from outside the United Kingdom. Transitioning to the Proposed Civil Partner Visa category from within the UK is not feasible.     

Duration of a UK Proposed Civil Partner Visa

If your application for a UK Proposed Civil Partner Visa is approved, your visa will initially be valid for a period of 6 months.

Once your civil partnership is finalised, you can seek to transition into the Civil Partner category without needing to depart from the UK.

If your application for an extension of your stay in the UK as a Civil Partner is approved, you will be given permission to stay for an additional period of 30 months. In order to prevent the expiration of your Civil Partner leave, you must request an extension for an additional 30 months.

Once you have spent a duration of 5 years in the UK as the Civil Partner of a British citizen or settled person, you will meet the requirements to apply for indefinite leave to remain.

Working in the UK on a Proposed Civil Partner Visa

Individuals holding a Proposed Civil Partner Visa are prohibited from engaging in employment within the United Kingdom.

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

 

UK Proposed Civil Partner Visa Frequently Asked Questions

How Can I Register a Civil Partnership in the UK?

If you intend to go to the UK for the purpose of registering a civil partnership, there are two primary immigration options to consider: the Civil Partnership Visit visa and the Proposed Civil Partner visa.

The Civil Partnership Visit visa is intended for those who desire to go to the UK specifically for the purpose of officially registering a civil partnership or providing notification of a civil partnership within the UK.

The Proposed Civil Partner visa is intended for individuals who are engaged to British citizens, have indefinite leave to remain in the UK, refugee leave or humanitarian protection, or limited leave to remain under Appendix EU or Appendix ECAA. The purpose of this visa is to allow them to enter the UK and officially register a civil partnership within 6 months of their arrival.

Where Can I Apply for A UK Proposed Civil Partner Visa?

To apply for a UK Proposed Civil Partner Visa, it is necessary to submit the application while being outside of the UK. You should submit your application in the nation where you have legal residency, excluding cases where you are only a temporary tourist. Citizenship is not a prerequisite.

How Do I Apply for a UK Proposed Civil Partner Visa?

Civil Partner Visa applications are submitted through an online application form.

Prior to submitting an application for a UK Proposed Civil Partner Visa, it is advisable to consult an immigration lawyer to ensure that you have the appropriate application form for your specific circumstances.

It is advisable to gather your supporting papers concurrently with the preparation of your Proposed Civil Partner Visa application form. This is because there are some document requirements that need the documents to be dated prior to the submission of the online application form.

Currently, individuals have the ability to submit scanned copies of their supporting documents for the Proposed Civil Partner Visa to be assessed by the Home Office. Nevertheless, it is advisable to verify the specific method for the country where you plan to apply at the moment of your application, as the Home Office periodically modifies this system.

What if I Do Not Register a Civil Partnership Within 6 Months?

If your civil partnership is not established before your Proposed Civil Partner Visa expires, you have the option to apply for a 6-month extension to allow the ceremony to take place. However, this extension is only granted if there is a valid reason for the delay and there is evidence that the ceremony will occur within the next 6 months.

When Can I Apply for a British Passport?

Upon initial entry into the Proposed Civil Partner Visa category, you will be authorised to remain for a duration of 6 months. After successfully registering a civil partnership, you will have the opportunity to request a transfer to the Civil Partner Visa category. If this application is approved, you will be given an additional leave of two and a half years. Subsequently, you will need to submit an extension application prior to the expiration of this leave, and upon approval, you will be awarded an additional duration of two and a half years.

The majority of individuals in the Civil Partner Visa category follow a five-year path to obtaining settlement status. After receiving two grants lasting 30 months each, individuals become eligible for Indefinite Leave to Remain.

Certain individuals are following a ten-year trajectory towards establishing permanent residency, and they will be required to obtain four periods of authorised stay. If you decide to transition from the five year route to the ten year route after entering the UK, you have the option to include both instances of granted leave in the total term required for the ten year route.

After acquiring Indefinite Leave to Remain in the UK, individuals who are married to a British citizen might promptly seek to Naturalise as a British Citizen. If you are not legally wedded to a citizen of the United Kingdom, you will be required to wait for a duration of 12 months before you are eligible to submit an application.

What if My Proposed Civil Partner Visa Application Is Refused?

If your application for a UK Proposed Civil Partner Visa is rejected, you are entitled to use your right to appeal. This occurs because a suggested civil partner application is inherently considered a human rights assertion.

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

If you are located in the United Kingdom, both you and your intended civil partner will have the opportunity to attend and provide testimony in front of the Judge.

If you are located outside of the UK, your intended civil partner will have the opportunity to attend the proceedings. However, you may submit a written statement along with supporting documentation for the Tribunal's evaluation. If deemed suitable in your situation, arrangements can be arranged for you to provide evidence remotely.

The immigration appeal proceedings might have a lengthy duration before a decision is reached, and the final result may be unpredictable. We strongly advise consulting with a specialised immigration attorney for legal guidance and counsel prior to initiating an appeal against the rejection of a Proposed Civil Partner Visa application.

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

If you are unable to meet the criteria for a UK Proposed Civil Partner Visa, you may still be eligible to enter or stay in the UK based on human rights considerations, such as:

  • 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 proposed 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.