You will need to apply for a proposed civil partnership visa if you intend to form a civil partnership and permanently settle with your partner in the UK. To make an application your partner must either be a British Citizen or be present and settled in the UK.

On the 18 November 2004 the Civil Partnership Act 2004 received Royal Assent. The Act states that same-sex couples who register their relationship should be treated the same as married couples.

Types of proposed civil partnership application

A proposed civil partnership visa can only be obtained outside the UK and must be made at the British Embassy or Consulate in your proposed civil partner’s country of residence prior to them travelling to the UK.

Frequently Asked Questions

The most frequent questions we receive from prospective clients with respect to proposed civil partnership visas are:

What are the criteria set by UK Border Agency for a fiancé(e) visa?
How long will it take?
Can my partner switch from a visit visa to a proposed civil partnership visa inside the UK?
What documents do we need to provide?
How much will it cost?
I have previous criminal convictions
Public funds
My partner has been refused a visa before, can they reapply?
My partner is illegal in the UK - how can we get a visa?
What happens if the application is refused?
How long is a proposed civil partnership visa valid for?

What are the criteria set by UK Border Agency for a proposed civil partnership visa?

When an application is considered by an Entry Clearance Officer, the following rules must be satisfied for a visa to be issued:

• the applicant is seeking leave to enter the United Kingdom to form a civil partnership with a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and
• the parties have met; and
• each of the parties intends to live permanently with the other as partners;
• the parties will be able to maintain and accommodate themselves and any dependants adequately without recourse to public funds;
• both of the parties are over the age of 18; and
• the applicant can demonstrate that they satisfy the English Language Requirement.

How long will it take?

Applications made outside the UK- It can take up to three months to obtain a decision from the British Embassy or Consulate. Some applications can be processed within a month however the likelihood of this depends on the complexity of your application and how busy the Embassy is when you apply. We advise you to plan for the processing of your application to take 3 months.

Can my proposed civil partner switch from a visit visa to a settlement visa inside the UK?

There is no provision in the Immigration Rules to switch from a visit visa to a proposed civil partnership visa inside the UK. If your partner is currently in the UK and you intend to get married and settle in the UK, they will have to return to their country of origin and make an application to return to the UK as a proposed civil partner.

What documents do we need to provide?

The documents that are required vary depending on your personal circumstances and we advise that you contact us to ensure that you submit all of the relevant documentation.

How much will it cost?

The visa application fees vary depending on where the application is made.

The current fee for applications made outside the UK is £810 subject to the relevant exchange rate.

I have previous criminal convictions

The fact that an applicant has previous criminal convictions does not automatically mean an application will be refused however you must declare any conviction even if it occurred many years ago. Failure to include information can be determined as non disclosure and the application can be refused.

Public funds

It is imperative that you do not seek recourse to public funds. If your partner in the UK is in receipt of any public funds please advise and we can give you more detailed information.

My proposed civil partner has been refused a visa before, can they reapply?

Having been previously refused does not prevent you from making any further applications unless you have incurred a ban due to providing fraudulent documents.

We suggest that you contact us to ensure that you have correctly addressed the concerns in the refusal notice prior to submitting a fresh application. Most of the time a refusal is easily fixed by supplying the correct documentation.

My partner is illegal in the UK – how can we get a visa

We have worked with many clients over the years whose immigration status negatively impacted on their wish to be with their partner in the UK either because their existing visa had expired, they had breached the conditions attached to their status or had a previous entry clearance refusal. When contacting us, it would be useful for you to have copies of refusal letters and / or a schedule of past immigration history and we will be able to confirm the steps to take to remedy the problem.

What happens if the application is refused?

If your proposed civil partner’s application is refused we will request a copy of the refusal document so that we can understand the grounds of refusal.

Depending on where an application was made and the grounds for refusal we will advise you as to next steps and if Counsel will need to be instructed.

If an application was refused outside of the UK it can take up to 9 months for an appeal to be heard. We recommend in these cases that a fresh application is submitted when the reasons for refusal can be easily addressed by making a fresh application.

How long is a proposed civil partnership visa valid for?

A proposed civil partnership visa will be granted for a period of 6 months. Your proposed civil partner will then have to travel to the UK and you will have to form your civil partnership during that period. Once you have had your ceremony you will then need to apply for a civil partner visa which will be valid for 27 months.