Civil Partnership Guide
The Civil Partnership Act 2004
On the 18 November 2004 the Civil Partnership Act 2004 received Royal
Assent. UKLGIG was actively involved in discussions to ensure that immigration
issues were properly catered for when the Act came into force. The Act ensures that
under UK statutory law, same-sex couples who register their relationship
should be treated in an almost identical way to married couples. This
relates to a variety of issues including children matters, inheritance
tax, property and financial arrangements, immigration, occupancy,
tenancy and so on. The Act also means that the dissolution of a
registered relationship, following its breakdown, is dealt with in an
almost identical way to divorce, with the associated financial and other
consequences. It is vital, therefore, that couples fully consider all
aspects involved in the civil registration of their relationship before
proceeding.
The Civil Partnership Act extends to the whole of the
UK, including Northern Ireland and Scotland. The Act came
into force on 5th December, 2005, but due to the 15 day
waiting period while "banns" are posted, the first civil
partnership
ceremonies did not take place until 21 December, 2005.
A copy of the act can be found at:
www.hmso.gov.uk/acts/acts2004/20040033.htm
General information about civil
partnerships and registration procedures:
E-bulletins from the Women & Equality Unit
FAQ
pages on CP procedures from the Women & Equality Unit
All you need to know about civil partnership (HM Gov.
publication)
CP and the Immigration Rules
It is possible for an application to be made for the right to enter or
remain in the UK on the basis of a civil partnership.
In the immigration rules relating to civil partners, there is no prior cohabitation
requirement (this only applies to unmarried/same-sex partners). It is,
however, necessary to prove that the relationship is genuine and
subsisting and that there are adequate resources to maintain and
accommodate the foreign national.
Please note that the
unmarried/same-sex
partners rule, requiring 2 years prior cohabitation remains open to
those individuals not wishing to register as civil partners. Civil
Partnership is a very big step with many implications for a couple well
beyond that of immigration.
There are specific headings below dealing with the different procedures
for the partners of
EEA nationals
and
non permanent
residents, otherwise the following paragraphs are written on the
basis that the sponsoring partner is a British citizen or permanent
resident.
How can a foreign national
enter into a civil partnership ?
Individuals who are not British citizens, EEA nationals
or permanent residents must obtain permission before they can register a
CP in the UK.
For those who are currently in the UK, this permission
is obtained from the Home office and is called a
certificate of approval. For those outside the UK, this permission
is given in a
proposed civil
partnership visa or a
civil
partnership visit visa.
In addition, there are a limited number of
British Diplomatic Posts abroad
where it is possible to register a CP.
Many
overseas legal
partnerships are also recognised as equivalent to UK civil
partnerships for the purposes of immigration.
[It is not the intention of this site to explain the
actual CP registration procedures in any detail. Please see the
various detailed government publications
above. Note particularly that
individuals subject to immigration control must give notice of intention
to register at a
designated
register office.]
Certificates of Approval (CoA)
Individuals who are currently in the UK who are not
British citizens, EEA nationals or permanent residents (i.e anyone who
is subject to immigration control apart from those with proposed CP
visas or CP visit visas below) must obtain a CoA before they can
register a civil partnership.
Until late 2006, the Home Office would only grant a CoA to overseas nationals who
held a visa which was granted for a period in excess
of 6 months and had at least 3 months remaining. It is true
that those who hold such a visa will have a more straightforward
application for a CoA. However, applications may now be successful
regardless of the immigration status of the applicant, though the Home
Office will ask for more evidence of the relationship where the
applicant is on a short term visa or has no status. See
Home Office guidance and
Fees table.
Warnings:
The current situation is a response to a legal determination called "Baiai [2006
and 2007]", but the Home Office wish to challenge this decision
and the situation may change in the future. The Home
Office guidance states that if they receive CoA applications from
individuals without immigration status, they will at that point
decide if enforcement action (e.g. removal from the UK) is
appropriate. These individuals should seek legal advice to protect
their position before making a CoA application. The Certificate of Approval on
its own does not grant an extension of Leave to Remain. See
Further Leave to Remain procedure below. The
Certificate of Approval is only one obstacle in the road to
settlement in the UK and it is still necessary to satisfy the
immigration authorities that the relationship is genuine, subsisting
& permanent. Those with visitor status or no
immigration status will rarely be able to switch into CP immigration
status within the UK, even if they obtain a CoA and register their
partnership (please see the different situation for
partners of EEA nationals
below).
Proposed civil partners
The "proposed civil partner" entry clearance will permit individuals to come to
the UK for the purpose of registering their partnership, before
switching into the "civil partner" immigration category. There will be
no requirement for couples to have resided together, although they
must have met. Entry clearance
officers will have to be satisfied that the relationship is genuine and
subsisting, and that there will be no recourse to public funds for the
overseas national before or after the ceremony. The visa will give
permission to stay in the UK for six months, with a prohibition on work
until further leave to remain as "civil partner" is granted following
registration. The immigration rules require that an EEA sponsor who does
not already have permanent residence, must have a UK
registration certificate before a proposed CP application can be
made.
Fees table
The application should be made on form
VAF4. Couples should be aware that one of the most common reasons
given for refusal of proposed civil partner applications
in the past has been that the foreign partner's
motivation (and thus the relationship) is not believed to be genuine.
This is
particularly the case where the applicant is from a developing country.
In view of this, we are strongly urging
couples to use as a basis, the suggestions made on our
evidence page, as if they were making an
unmarried partners (UP) application but without the need to prove 2
years cohabitation. Of course any cohabitation, especially where you
have clearly struggled to achieve it, will help to prove commitment and
because the genuineness of the relationship is the key issue, evidence
such as letters from friends and family which are considered "soft
evidence" in a UP application, may have a stronger positive influence on
a proposed civil partner application.
Proposed civil
partnership visas, like fiancé(e) visas will only be extended in
exceptional circumstances. The civil partnership ceremony should,
therefore, take place within the initial six month period.
See
further leave to remain
procedure below.
Civil
Partnership "visit"
visas
It is possible to visit the UK specifically for
the purpose of registering a civil partnership and then leave. Such a
visa will usually be issued for 6 months as with a simple visit visa,
but gives permission to enter into a civil partnership during the visit.
From 28/10/07 application should be made on form
VAF1 - Visitor. It is not necessary for either of the couple
to be British or an EEA citizen, but entry clearance officers will have
to be satisfied that any non-EEA applicant will leave the UK at the end
of the visit. Please note that CP visitors cannot switch to CP
immigration status within the UK
See also
UKVisas
Chapter10 (10.10)
Recognition of legal partnerships/same sex marriages
entered into abroad.
The legislation includes
provision to recognise legal partnership arrangements and same sex marriages from other
countries. A list of countries can be
found in
schedule 20 of the act.
Even if a
relationship does not appear in Schedule 20, however, it may be acceptable if it
meets the general conditions in
section
214 of the CPA.
Registering at a
British Diplomatic Post abroad
It will be possible in some instances (if the
host country does not object) to register as civil partners
in a UK consulate or embassy then apply for leave to enter as an
existing civil
partner. The CP Act itself now provides for this as a result of
order no 2761/2005, but currently the only list of countries we have been able to
find is that posted by the British Consulate General Hong Kong
here. It is always worth contacting your nearest
British Diplomatic Post to find out the current position or the
likelihood of them being able to do such registrations.
See also:
Marrying or registering civil partnerships in the UK (INF4) - (UKVisas)
I am now a civil partner (or recognised equivalent) - how can I obtain
the right to enter or to remain in the UK ?
Applying from abroad
This section applies to those who are outside the UK and already civil
partners, including those who have registered at a British Diplomatic
Post abroad, entered into a recognised legal partnership in another
country as per
schedule 20, or previously entered
into a civil partnership in the UK.
It must be emphasised that the CP alone will not be sufficient to obtain
entry clearance - the Entry Clearance Officer will have to be satisfied
that the relationship is "genuine and subsisting" and that there will be
no recourse to public funds. To ensure that there is no question that
the relationship is genuine, we are strongly urging
couples to use as a basis, the suggestions made on our
evidence page, as if they were making an
unmarried partners (UP) application but without the need to prove 2
years cohabitation. Of course any cohabitation, especially where you
have clearly struggled to achieve it, will help to prove commitment and
because the genuineness of the relationship is the key issue, evidence
such as letters from friends and family which are considered "soft
evidence" in a UP application, may have a stronger positive influence.
If the sponsor is British or a permanent resident, the application is
made on form
VAF4 and the visa will give an initial 2 years leave to remain
and allow application
for Indefinite Leave to Remain (ILR) after 2 further years. Work is permitted without restriction.
Fees table
It is still possible to apply for "Indefinite Leave to Enter" if you have lived together with
your partner for 4 years outside the UK, in a legally recognised
partnership or in a "relationship akin to marriage". This can
result in immediate ILR on entry. If, however, the
"Living in the UK" test
has not yet been passed (e.g. during a previous visit), ILE with 2 years
leave to remain will be granted. During this time the applicant can, at
any point, pass the test and apply for ILR. This also applies to
unmarried partners.
See
Diplomatic Service Procedures
paras 13.14 and 13.15.
Applying from within the UK
This section applies to those who have entered a CP in the UK and are
able to switch their immigration status to CP, including those who came
in as proposed civil partners and those who have obtained a
certificate of approval. The application is called
"further leave to remain as a civil partner".
It is not possible to make this application if you are here on a visa of
6 months or less (unless it is a proposed civil partner visa), or if you
do not have immigration status -
see below
for possible solutions for these individuals.
Following a registration ceremony, the
individual will be able to apply for further leave to remain as a civil
partner for a period of two years using form
FLR(M). This can be done using the postal route, or in person within
the day at a Home Office Public Enquiry Office, or using the one day
turnaround system via a solicitor. The Further Leave to Remain
application must be filed before the existing Leave to Remain or
"proposed civil partner" visa expires.
Fees table.
At the end of the 2 years
"probation" period, if the
civil partnership (and the relationship) is still subsisting,
application can be made for "indefinite leave to remain" (permanent
residence) using form
SET(M). Existing unmarried partners who register
civil partnerships during
the 2 year UP probation period can apply for ILR as CPs
after a total of 2 years (i.e. there is no need to switch status after
registration). See
para 287 (i)(b) .
During the two year probationary period a civil partner will be free to
take employment, but there will be a prohibition on receipt of public
funds.
From 2nd April, 2007, all those applying for settlement
have to pass a "Life in the UK" test first
FAQ
The immigration rules also
currently allow settlement to married, civil or unmarried partners who
have suffered (proven) domestic violence or cases where the
sponsor has died during the probation period (as long as the couple were
still together at the date of death).
Domestic violence -
para 289(a). Bereaved partners -
para 287(b).
What happens if my partner is an EEA
national ?
Civil Partners (or equivalents - see
schedule
20) can apply to enter
UK as the family member of their EEA sponsor (by means of a family
permit). EEA sponsors under this category
do not need to have a UK registration certificate prior to the partner's
family permit application and can thus, in practice, enter the UK at the
same time as their partners. The non EEA partner will use form
VAF5 for entry clearance. See also
unmarried
partners/durable relationships.
European law does not provide for proposed civil partners who will continue to be processed
from outside the UK, under UK immigration law.
For a proposed civil partner visa application, it is
necessary for the sponsoring EEA national to obtain a UK
registration
certificate (used to be called a residence permit) beforehand. This is proof that they are living and
working in the UK. This is the only situation where EEA nationals
can sponsor their partners under UK immigration rules without first
having permanent residence. Application for further leave (after the CP registration
has taken place) will have to be made under EU rules as below.
A non-EEA partner who is already in the UK can make an application for
the right to remain
(a residence card) from within the UK on form
EEA2
and it is possible to do this at the same time as the sponsor's
application for a
registration certificate on form
EEA1.
It appears to be the Home Office's current position that a residence
card will be granted to the civil partner of an EEA national regardless
of their immigration status, but we would advise you to obtain legal
advice if your immigration status is in question.
One other difference between British and EEA sponsors is that EEA
nationals need to complete a period of 5 years living and working in the
UK before being eligible for the equivalent of ILR (called permanent residence in the case
of EEA nationals and their partners). The partners, therefore, will also
have to complete 5 years before applying for
permanent residence. The EEA sponsors at this stage will use form
EEA3, their partners form
EEA4.
It is always advisable to check if the EEA national already qualifies as
a permanent resident in the UK, as this will assist the partner to
achieve permanent residence more quickly.
See
updated
DSPs from UKVisas.
Rights of
EEA or Swiss family members to live and work in the UK (BIA)
Making
applications under European law, including EEA forms (BIA)
What happens if my
sponsor is subject
to immigration control ?
Civil Partners of people with a time restriction on their leave to
remain in UK,
such as students, work permit holders, ancestry visa holders, can apply for
the right to be in the UK and will usually be permitted to work. For example where the
sponsor is a work permit holder who has two years leave to remain in the
UK, their civil partner will also be granted two years leave in line.
From 28/10/07, these applicants should apply using the "dependents"
section of the relevant sponsors category - e.g.
VAF2 - Employment, VAF3 - Student etc.
Warnings:
The partners of those subject to immigration control
cannot use the proposed civil partner category to enter the UK.
In most circumstances, it is not possible to make a switch from
another category within
the UK if the sponsor is subject to immigration control. Each situation
should be checked, however, as this depends on the precise status of
the sponsor. If, therefore, there is no option for the couple to register an
equivalent recognised overseas legal partnership, it may be
necessary to obtain a CP visit visa first, travel to register the CP
in the UK, then return home to make an entry clearance application
as an existing CP.
Overstayers and those in the UK illegally
- general grounds for refusal
Any individual who has
breached the conditions of their stay, or a previous stay in the UK, or
who is found to have entered the UK illegally may be refused entry
clearance or further leave to remain (for any purpose) solely on those
grounds. It is therefore essential that individuals comply with their
conditions of stay, and seek legal advice before submitting further
applications if they fall into any such category.
Until 1st April, 2008, it was usually necessary for someone with a long term
UK based partner (but who was also an overstayer or an illegal entrant)
to return to their country of origin:
- to apply for leave to enter the UK to enable them to
register a civil partnership (proposed
civil partner visa), or
- to register a civil
partnership at a British Diplomatic Post in their country of origin,
providing that country does not object to such ceremonies, then
apply for leave to enter the UK as an existing civil partner.
- to apply for leave to enter UK as an existing civil partner, if
despite their current UK immigration status, they
were able to register a CP in the UK, or
- to apply for leave to enter UK as an existing civil
partner if they have been able to register a
recognised legal partnership in
another country.
For those leaving the UK voluntarily before 1st October, 2008,
this will still be possible under a concession outside the
Immigration Rules. After that date, refusal of entry
clearance will be mandatory for periods of up to 10 years. More
detail in the
Newsflash below
Newsflash - Changes to the 'general grounds for refusal'
were announced by the Home Office on 6th February, 2008 and are due
to come into force on 1st April, 2008. It is proposed that
anyone who has breached UK immigration laws, unless overstaying for
less than 28 days,
will be refused future entry for a period of at least one year (if
they left UK voluntarily at their own expense), up to 10 years (if
they were removed or deported or have used deception in an
application). See
statement of changes page 36 paras 7.23 to 7.26.
There was no consultation process prior to this proposal but
urgent discussions have taken place with the Home Office and with
ministers. As a result, during a debate in the House of Lords on
17th March, 2008 a concession was announced that the provisions (in
new paragraph 327B of the Immigration Rules) will not apply to
anyone currently in the United Kingdom who leaves the country
voluntarily before 1 October 2008.
After that date, refusal of entry clearance was to be
mandatory for periods of up to 10 years with appeals only
possible on human rights or asylum grounds.
A further very important amendment (for civil and unmarried
partners) was announced, however, by Liam Byrne in the House of
Commons on 13th May, 2008. The Immigration Law
Practitioners Association (ILPA) should be congratulated on the
hard work and patient dialogue which secured this concession:
"First, we will not automatically refuse applications from
people applying to join their family permanently in the UK—that
is to say, those applying for visas as a spouse, civil partner
or unmarried or same-sex partner under paragraphs 281 or 295A of
the immigration rules; a fiancée or proposed civil partner, as
set out in paragraph 290 of the rules; a parent, grandparent or
other dependent relative, as set out in paragraph 317; a person
exercising rights of access to a child, as set out in paragraph
246; or a spouse, civil partner or unmarried or same-sex partner
of a refugee or person with humanitarian protection, as set out
in paragraphs 352A, 352AA, 352FA and 352FD. Following some of
the comments made by hon. Members this evening, I will of course
check to see whether we have cast the scope of those exceptions
correctly, but my initial analysis is that that is where the
discretion should apply.
Secondly, we will not automatically refuse anyone who is under
the age of 18 at the time of the breach of the immigration
rules. My hon. Friend the Member for Islington, North spoke
powerfully on this subject, as did the hon. Member for North
Southwark and Bermondsey. That case has been well made.
...As to the caveats, this does not mean that people who need to
go home and reapply will automatically get in; they will still
need to meet the requirements set out in the immigration rules
and they may be refused if they have contrived in a significant
way to frustrate those rules. Nor is it or can it be a green
light for the groups I have mentioned to deliberately overstay."
Where there exist wholly exceptional reasons as to why an individual who has
overstayed, or entered the UK illegally, should not be expected to return to
their country of origin to obtain a visa, it may be possible to argue that a
switch of immigration status within the UK should be permitted. The burden of
proof in such cases will be very high, and it is expected that such permission
will be very rare.
Visa Stamps
For proposed civil partner visas, Entry Clearance Officers have now been
instructed by UKVisas (with agreement from the Home office) to use a
passport stamp which states "for marriage/CP". For existing
civil partners or overseas equivalents, the stamp should read "to Join Spouse/CP". For civil
partner visit visas "Visit: Marriage/CP" should be used.
All stamps are likely to include the initial and surname of the sponsor. This is the conclusion of
negotiations with UKVisas over the potential dangers posed to citizens
of countries where homosexuality is illegal and of travel to those
countries. The original suggestion to use the words "Civil
Partner" on the visa stamp would effectively be a declaration that the
holder is homosexual.
Caution: There is still inconsistency in the
wording of visa stamps despite the instructions from UKVisas. Overseas
applicants are urged to discuss the stamp with the entry clearance
officer when they are told they have been granted the visa, but before
their passport is endorsed. If there is any uncertainty, please
ask the ECO to check, even if it means a short delay. UKLGIG have
received the information on visa stamps directly from UKVisas, so it can be relied on.
Naturalisation
Civil
Partners who have completed three years lawful residence in the
United Kingdom and have no time restriction on their stay should be entitled to
naturalise as British citizens in
the same way as married persons. Currently other individuals must
complete five years lawful residence, with at least one full year
being without time restriction i.e. with indefinite leave to remain.
Links
Immigration Rules
Part 3: partners of students [76-78]
Part 4: partners of TWES visa holders or teachers on approved
exchange schemes [122-124]
Part 5: partners of work permit holders [194-196]
Part 6: partners of business persons, investors, composers,
artists [240-242]
Part 7: partners of retired persons of independent means
[271-273]
Part 8: partners of British citizens or settled persons: civil
partners [277-289], proposed civil partners [290-295], unmarried (same
sex) partners [295AA-295O]
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