Civil Partner Visa

Registering a civil partnership is one of the ways in which a non-EU partner can join or stay with the EU or British partner in the UK.

The Civil Partnership Act allows people of the same sex to register as civil. Although a different legal concept toa marriage, it allows for people of the same sex to register a similar legal union. Registering a civil partnership is a serious commitment. Should the partners wish to end a civil partnership, they are required to go through a court based dissolution which addresses the same issues as a divorce settlement. A civil partnership can also end through annulment or upon the death of one of the parties.

How to qualify

Both the partners must be 21 years or older and give notice to register a civil partnership at a registry office.

Length of stay and right to work

Under the Civil Partnership Act you will have similar immigration rights to married couples. This means that the civil partner of the British citizen or person settled in the UK will be able to apply for two year's leave to remain in the UK. A spouse visa may be granted for 27 months and after 24 months an applicant can apply for settled status.

If you are the civil partner of a person who is subject to immigration control in one of the permanent immigration categories such as a Tier 1 or Tier 2 category, you can apply to join him or her in the UK as a dependant for the same time as their leave to remain is granted. After you have obtained this dependant visa, you will be able to work in the UK without any restrictions, subject to your partner maintaining their status.

It is also possible to apply for leave to enter the UK as the civil partner of a person with a student visa, if the student visa is granted for longer than six months. The leave to remain will be granted for the same period as the student's. As this is a temporary immigration category it will allow you to qualify for Indefinite Leave to Remain and both partners should leave the UK upon the expiry of the visa or look to switch to another immigration status.

Permanent residence

If you are the civil partner of a person who is either a British citizen or who holds Indefinite Leave to Remain in the UK and the civil partnership is still maintained at the end of the two years, you will be able to apply for Indefinite Leave to Remain in the UK.

If you are the civil partner of a person who is subject to immigration control in one of the permanent immigration categories, you will be able to qualify for Indefinite Leave to Remain at the end of the five year period, provided you are still civil partners and your partner has maintained his legal status or acquired ILR or British citizenship in the intervening period.

If you are the civil partner of a person with a student visa, it will not be possible to qualify for Indefinite Leave to Remain and both partners should leave the UK upon the expiry of the visa or look to switch to another immigration status.

Additional Info

BIC Newsletter


WorldPay





OISC Logo

Ref No. F201000144