Civil Partnership

Introduction

The Civil Partnership Act of 2004 (CPA) grants same-sex couples that have registered their relationship in accordance with U.K. law equal treatment under the law as married couples.

It is now possible for same-sex partners of U.K. nationals who are themselves not U.K. citizens, to acquire legal residency status in the U.K. and eventually citizenship. It is also possible for couples wishing to visit the United Kingdom for the express purpose of registering a civil partnership to do so

Recognition of legal partnerships/same-sex marriages entered into abroad

The CPA includes a provision to recognise legal partnership arrangements and same-sex marriages from other countries.

Partners of EEA citizens

Partners of European Economic Activity (EEA) Nationals and Swiss nationals can apply as the civil partners of "Someone who is settled in the UK". This refers to those in existing relationships which are recognised under the CPA.

Same-sex unmarried partners of EEA nationals who are "exercising their treaty rights" in the UK should be treated equally to the partners of British citizens. The only difference is that EEA nationals need to complete a period of 5 years living and working in the UK before indefinite leave to remain is granted. Their partners, therefore, will also have to complete up to 5 years before applying for ILR.

Applications for Leave to Enter and Remain

After the partnership has been registered, the partner who is not a British national or legally permitted to reside in the U.K. may be able to apple for Leave to Remain in the U.K on the basis of the relationship.

If your civil partner is a British citizen or has settled status in the UK you will be able to apply for two years in the first instance. Providing that the partnership is still on-going at the end of this period and other criteria are met, an application for Settlement - permission to reside in the UK permanently - may be made.

Civil partners of individuals with temporary leave in the UK such as students and work permit holders will be free to apply for leave in line with their civil partners. For example, where the principal work permit holder has two years leave to remain in the UK, their civil partner will also be granted two years leave in line.

Civil Partners who have completed three years lawful residence in the United Kingdom and have been granted indefinite leave to remain should be entitled to naturalise as British citizens in the same way as married persons







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