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If you are civil partner of a person present and settled in the UK, you can apply for entry clearance as a civil partner. According to the Immigration Rules, references to a person being present and settled in the UK also include a person who is being admitted for settlement on the same occasion as the applicant. 

The requirements to be met for entry clearance as a spouse are that-
(a) the applicant must be outside the UK;
(b) the applicant must have made a valid application for entry clearance as a spouse;
(c) the applicant must not fall for refusal under any of the grounds in Section S-EC: Suitability–entry clearance; and
(d) the applicant must meet all of the requirements of Section E-ECP: Eligibility for entry clearance as a partner.

Suitability-Entry Clearance

The applicant will be refused entry clearance on grounds of suitability if any of the following paragraphs apply:

  • The Secretary of State has personally directed that the exclusion of the applicant from the UK is conducive to the public good.
  • The applicant is at the date of application the subject of a deportation order.
  • The exclusion of the applicant from the UK is conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months.
  • The exclusion of the applicant from the UK is conducive to the public good or because, for example, the applicant’s conduct (including convictions which do not fall within above given paragraph), character, associations, or other reasons, make it undesirable to grant them entry clearance.
  • The applicant has failed without reasonable excuse to-

(a) attend an interview when required to do so;
(b) provide specified information, including physical data, when required to do so; or
(c) undergo a medical examination, or provide a medical report, when required to do so.

  • It is undesirable to grant entry clearance to the applicant for medical reasons.

The applicant will normally be refused on grounds of suitability if any of  the following paragraphs apply:

  • Whether or not to the applicant’s knowledge –

(a) false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or

(b) there has been a failure to disclose material facts in relation to the application.

  • One or more relevant NHS body has notified the Secretary of State that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £1000.
  • A maintenance and accommodation undertaking has been requested or required under paragraph 35 of these Rules or otherwise and has not been provided.

Eligibility For Entry Clearance As A Civil Partner

To meet the eligibility requirements for entry clearance as a civil partner all of the following requirements must be met.

Relationship requirements

  • The applicant’s civil partner must be-

(a) a British Citizen in the UK; or
(b) present and settled in the UK; or
(c) in the UK with refugee leave or with humanitarian protection.

  • The applicant must be aged 18 or over at the date of application.
  • The applicant's civil partner must be aged 18 or over at the date of application.
  • The applicant and his/her civil partner must not be within the prohibited degree of relationship.
  • The applicant and his/her civil partner must have met in person.
  • The relationship between the applicant and his/her civil partner must be genuine and subsisting.
  • The marriage between the applicant and his/her civil partner must be a valid marriage.
  • Any previous relationship of the applicant or his/her civil partner must have broken down permanently, unless his or her marriage is polygamous
  • The applicant and civil partner must intend to live together permanently in the UK.

Financial requirements

The applicant must provide evidence that the sponsor's gross annual income is at least:

  1. £18,600;
  2. an additional £3,800 for the first Non-EEA child; and
  3. an additional £2,400 for each Non-EEA additional child; alone or in combination with
  4. specified savings of-(i) £16,000; and
    (ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income and the total amount required.

When determining whether the financial requirement is met only the following sources will be taken into account:

  1. income of the partner from specified employment or self-employment, which, in respect of a partner returning to the UK with the applicant, can include specified employment or self-employment overseas and in the UK;
  2. specified pension income of the applicant and partner;
  3. any specified maternity allowance or bereavement benefit received by the partner in the UK;
  4. other specified income of the applicant and partner; and
  5. specified savings of the applicant and partner.

Exemption From Financial Requirement

The applicant will be exempt from meeting the financial requirement of £18,600 or above if the applicant’s partner is receiving one or more of the following -

(i) disability living allowance;
(ii) severe disablement allowance;
(iii) industrial injury disablement benefit;
(iv) attendance allowance; or
(v) carer’s allowance; and

Where the applicant is exempt from meeting the financial requirement, the applicant must provide specified evidence that his/her partner is able to maintain and accommodate himself/herself, the applicant and any dependants adequately in the UK without recourse to public funds.

Adequate Accommodation Requirement

The applicant must provide specified evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if-

  1. it is, or will be, overcrowded; or
  2. it contravenes public health regulations.

English language requirement

The applicant must provide specified evidence that he/she:

  1. is a national of a majority English speaking country; or
  2. has passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the UK Border Agency; or
  3. has an academic qualification recognised by NARIC UK to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
  4. is exempt from the English language requirement because at the date of application:
    • the applicant is aged 65 or over;
    • the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
    • there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.

Length Of Stay Granted As A Result Of Success Application For Entry Clearance As A Civil Partner

If the applicant meets the requirements for entry clearance as a civil partner the applicant will be granted entry clearance for an initial period not exceeding 33 months, and subject to a condition of no recourse to public funds.

Our Services For Entry Clearance Application As A Civil Partner

We can represent you in your entry clearance application and do all the work until decision by the Entry Clearance Officer (ECO) on your application. Our work will include:

  • the completion of the paper or online application form;
  • advising you on the relevant requirements, relevant laws and procedures;
  • advising you on the relevant documents to be submitted in support of your application;
  • considering the contents of such documents and discussing the same with you;
  • advising you on the weaknesses and strengths of your application; and
  • preparing a cover letter wherein we will explain in detailed how all the relevant requirements of the entry clearance are being satisfied.

The completed application will be forwarded to the applicant outside the UK who will sign the same and forward the application along with all the supporting documents to the relevant British Embassy/High Commission/Consulate for a decision to be made by them.

Where necessary, we will also liaise with the Entry Clearance Officer for an expeditious decision on your application.

Why Sunrise Solicitors For Your Entry Clearance Application As A Civil Partner?

The immigration solicitors at Sunrise Solicitors are experts in dealing with applications for  entry clearance as a civil partner of a person present and settled in the UK. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your application for UK Visa  as a civil partner of a person present and settled in the UK and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.

Our Fees For Entry Clearance Application As A Civil Partner Of A Settled Person

  • We will charge you a fee from £1000 (No VAT) for our professional immigration services in relation to your entry clearance application as a civil partner of a settled person where the financial requirement is being satisfied only through employment of the sponsor. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • We will charge you a fee from £1,200 (No VAT) for our professional immigration services in relation to your entry clearance application as a civil partner of a settled person where the financial requirement is being satisfied through self-employment or savings of the sponsor/applicant. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
  • If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly installments.
  • The agreed fee will cover all our work until decision by the Home Office on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. translation of documents, Home Office fee etc.
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  • Civil Partner - FAQs
  • 1. What is the civil partner visa UK processing time?

    • An in-country application for UK civil partner visa submitted through our same day visa service is usually decided by the Home Office, Public Enquiry Office (PEO) within 24 hours.
    • An in-country application application for UK civil partner visa submitted by post is decided according to the Home Office guidelines for processing of UK civil partner visa applications
    • An out of country UK civil partner visa application submitted to the British Embassy / High Commission is decided by the Home Office UKBA according to the Home Office Guide to the Visa Processing Times
  • 2. What is civil partner visa UK English Test requirement?

    For UK civil partner visa, the applicant must meet the English language requirement. You will meet the requirement if you can show that you:

    • are a national of a majority English-speaking country; or
    • have passed an English language test approved by the Home Office, UKBA at the appropriate level; or
    • hold a degree that was taught in English and is equivalent to a UK bachelor's degree or above.

    Exemptions

    You do not need to meet the English language requirement if you provide satisfactory evidence that:

    • you are aged 65 or over when you make your application; or
    • you have a physical or mental condition which would prevent you from meeting the requirement; or
    • there are exceptional compassionate circumstances which would prevent you from meeting the requirement.
  • 3. What application form is used to apply for civil partner visa from outside the UK?

    An application for UK civil partner visa from outside the UK is usually made online through visa4uk website. Countries in which online application for UK civil partner visa cannot be made, entry clearance application for civil partner visa for UK should be made using application form VAF4A along with Appendix 2 or other relevant appendix.

  • 4. What application form is used to apply for UK civil partner visa from inside the UK?

    An application for UK civil partner visa from inside the UK is made using application form FLR (M). We can provide Same Day Visa Service for your application for civil partner visa from inside the UK.

  • 5. What is a genuine and subsisting relationship?

    If your relationship is genuine and subsisting, the Home Office, UKBA would expect you to be able to show evidence that you:

    • are in a current, long-term relationship;
    • are living together with your partner;
    • share responsibility with your partner for any children;
    • share financial responsibilities with your partner, such as a joint mortgage or tenancy agreement, a joint bank account or joint savings, and utility bills in both your names;
    • and your partner have visited one another's home country and family; and
    • you have made plans about living together in the UK with your partner.
  • 6. How much income do I need to have to meet the financial requirement?

    You must have an income of at least £18,600 gross per year.

    If you are sponsoring a child as well as a partner you will need an income of at least £22,400.

    For each additional child being sponsored you will need an additional income of £2,400. For example, if you are bringing 2 children with you to the United Kingdom, you must have an income of £22,400 for the partner and one child and £2,400 for the additional child, so a total of £24,800.

    You will be required to provide documents to show that you can meet the financial requirement. The way you meet the requirement will be different, depending on whether you are applying from inside or outside the UK.

    Exemptions

    You will be exempt from the new financial requirement if your sponsor receives a specified disability-related benefit or carer's allowance in the UK. You will need to show that your sponsor can maintain and accommodate you without access to public funds.

  • 7. For how long you will be granted the UK civil partner visa?

    Applications from outside the UK

    If your visa application is successful, the Home Office, UKBA will grant you a visa for 33 months. Shortly before the end of that period, you can apply for civil partner visa renewal/extension.  If you still meet the requirements you will be granted permission to stay for a further period of 30 months.  Once you have completed 5 years in the UK, as the civil partner of someone who is a British citizen or settled in the UK, you can apply for ILR as a civil partner.  

    Applications from inside the UK

    If your application to switch into civil partner visa is successful, the Home Office, UKBA will grant you permission to remain in the UK (known as 'further leave to remain') for 30 months.  Shortly before the end of that period, you can apply for extension/renewal of your spouse visa.  If you still meet the requirements you will be granted permission to stay for a further period of 30 months.  Once you have completed 5 years in the UK, as the civil partner of someone who is a British citizen or settled in the UK, you can apply for ILR as a civil partner.

  • 8. What is the date of your civil partner visa application if you are applying from outside the UK?

    The date of your application is the date when your application fee is paid to the UKBA. This will be the date shown on your payment receipt, which depends on how you paid for your visa application - for example, at a visa application centre or online.

  • 9. When can you apply for ILR as a civil partner?

    If you have been granted initial civil partner visa under the Immigration Rules in place before 9 July 2012, you can apply for ILR as a civil partner 28 days before completing your two years residence in the UK on civil partner visa.


    If you have been granted initial civil partner visa under the Immigration Rules in place on or after 9 July 2012, you can apply for ILR as a civil partner 28 days before completing your five years residence in the UK on civil partner visa.

    If you have been granted initial civil partner visa under the Immigration Rules in place on or after 9 July 2012 and the leave was granted relying on paragraph EX1 of the Appendix FM of the UK Immigration Rules, you can apply for ILR as a civil partner 28 days before completing 10 years residence in the UK on civil partner visa.

  • 10. How can you challenge the refusal of your UK civil partner visa application?

    If you applied for UK civil partner visa from outside the UK, the refusal of your application can be challenged by way of an appeal to the First Tier Tribunal within 28 days of the date of receipt of the refusal letter.

    If you applied for UK civil partner visa from inside the UK, you can challenge the refusal by way of an in-country appeal to the first-tier Tribunal within 10 working days of the date of receipt of the refusal letter (5 working days if you are in detention at the time of the service of the refusal letter). If you have not been granted appeal right, you can challenge the refusal of your application by way of Judicial Review in High Court within 90 days of the date of the refusal letter.

  • 11. Can I meet the financial requirement by showing funds transferred from investments, stocks, shares, bonds or trust funds?

    Funds held as cash savings by the applicant, their partner or both jointly at the date of application can have been transferred from investments, stocks, shares, bonds or trust funds within the period of 6 months prior to the date of application, provided that:

    • The funds have been in the ownership and under the control of the applicant, their partner or both jointly for at least the period of 6 months prior to the date of application.
    • The ownership of the funds in the form of investments, stocks, shares, bonds or trust funds; the cash value of the funds in that form at or before the beginning of the period of 6 months prior to the date of application; and the transfer of the funds into cash, are evidenced by a portfolio report or other relevant documentation from a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating. (iii) The requirements of Appendix FM-SE in respect of the cash savings held at the date of application are met, except that the period of at least 6 months prior to the date of application in paragraph 11(a) will be reduced by the amount of that period in which the relevant funds were held in the form of investments, stocks, shares, bonds or trust funds.

    This means that, where the cash savings have previously been held as investments, stocks, shares, bonds or trust funds that were owned by and under the control of the applicant, their partner or both jointly, this ownership period can be counted towards the 6 month period. So money held as cash savings at the date of application can have been liquidated by the same owner(s) from investments and may have been held as investments for the first part of the period of 6 months prior to the date of application and as cash savings for the rest of that 6 month period. Evidence must be provided showing that:

    • The investments, stocks, shares, bonds or trust funds were in the ownership and under the control of the applicant, their partner or both jointly for that part of the 6 month period prior to the date of application before they were liquidated into cash savings;
    • The value of the investments, stocks, shares, bonds or trust funds at or before the beginning of that 6 month period was at least equivalent to the amount of the cash savings relied upon in the application; and
    • The cash savings meet the requirements of Appendix FM-SE.

    If this evidence is not provided, the cash savings previously held as investments, stocks, shares, bonds or trust funds cannot be counted towards the financial requirement.