Civil Partner Visa (5-year route)

UK Civil Partner Visa (5-Year Route)

If you are in a civil partnership with a British citizen or settled UK resident, you may be eligible for a Civil Partner visa. This visa allows you to live in the UK with your partner and enjoy the same legal rights as married couples, offering a 5-year route for individuals partnered with British citizens or permanent UK residents. 

If you entered the UK on a Proposed Civil Partner Visa, you do not need to leave to formalise your partnership. Simply apply to switch to a Civil Partner Visa from within the UK.

couple celebrates successful civil partner visa with axis solicitors manchester, securing their 5-year route to uk residency.

Civil Partner Visa (5-Year Route) Assistance

We focus on this specific visa type, ensuring we know the latest requirements and best strategies. No two couples are the same – we will develop a plan based on your unique situation.

FAQ: Civil Partnership

Understanding Your Visa Options

If you want to form a civil partnership in the UK, you will need to apply for one of these visas:

  • Civil Partnership Visit Visa:

      • Purpose: For a short visit to the UK to either form a civil partnership or give notice of your intent to do so.
      • Best for: Couples who just need a short time in the UK for the official process.
  • Proposed Civil Partner Visa:

    • Purpose: For engaged partners of UK citizens, settled persons, those with specific visas, or those with refugee/humanitarian protection status.
    • Allows you to enter the UK and have your civil partnership ceremony within 6 months of arrival.
    • Best for: Couples who want to live in the UK together after their civil partnership.

Important Note: The specific requirements and application processes differ for each visa type.

Where you apply depends on your current situation:

  • Living Outside the UK: Apply in your country of residence (even if you’re not a citizen)
  • Inside the UK with a Long-Term Visa: You can apply to switch to a Civil Partner Visa from within the UK if your current visa is valid for more than 6 months.
  • Inside the UK with a Short-Term Visa: If you have a visitor visa (or another visa less than 6 months), you must leave the UK and apply for a Civil Partner Visa from your home country.

Important Note: The COVID-19 exception that allowed visitors to apply from within the UK is no longer in effect.

The Home Office will likely recognise your overseas civil partnership if it meets these conditions:

  • Valid Where Formed: It is a legally recognised type of civil partnership in the country where it took place.
  • Followed Local Laws: You adhered to all legal requirements of the country where the ceremony occurred.
  • No Conflicts with Home Country Laws: The laws of both partners’ home countries (at the time of the civil partnership) allow its recognition.
  • Prior Relationships Ended: Any previous marriages/civil partnerships for both partners were legally dissolved.

Additional Notes:

  • Certain age and relationship restrictions apply.
  • Some overseas relationships might automatically qualify as civil partnerships under UK law.

Here is a breakdown of the process:

  • Initial Civil Partner Visa: You will initially receive a visa for 2.5 years (plus 3 months if you apply from outside the UK).
  • Extending Your Visa: Before your visa expires, you must apply for an extension, which gives you another 2.5 years.
  • Pathway to Settlement (ILR):
    • Most people qualify for Indefinite Leave to Remain (ILR) after 5 years on the Civil Partner Visa.
    • Some situations require a longer, 10-year route to settlement.
  • Applying for Citizenship:
    • Married to a British Citizen: You can apply for citizenship immediately after obtaining ILR.
    • Not Married to a British Citizen: You must wait 1 additional year after getting ILR before applying for citizenship.

If your application is denied, you have the right to appeal. 

Here is what you need to know:

  • Appeal Rights: Civil Partner Visa refusals can be appealed since they’re considered human rights claims.
  • Where Your Appeal is Heard: The First-tier Tribunal (Immigration and Asylum Chamber) in the UK will handle your appeal.
  • Attending the Appeal:
    • Inside the UK: Both you and your partner can attend and give testimony.
    • Outside the UK: Your partner can attend, but you’ll provide a written statement and evidence. Remote testimony might be an option in some cases.
  • Important Note: Appeals can take many months.

Even if you do not qualify for the standard Civil Partner Visa, you might still be able to enter or stay in the UK on human rights grounds.  

Example of Potential Human Rights Grounds:

  • You have a British or Irish citizen child in the UK.
  • You have a child who has lived in the UK for at least 7 years, and it would be unreasonable to expect them to leave.
  • Living outside the UK would cause significant, unavoidable hardship for you and your partner.
  • Denying you entry or forcing you to leave would violate your human rights.

Important Note: These cases can be complex. If you think one of these situations might apply to you, it is best to consult with an immigration solicitor for personalised advice.

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