Gay Bi-national Couples - What Immigration Options are Available?

Gay Bi-national Couples - What Immigration Options are Available

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Gay couples have traditionally faced prejudice both in terms of the number of immigration options open to them in the UK, as well as the Home Office's application of their cases.

Since the Civil Partnership Act 2004, gay couples who are bi-national have greater Immigration law options. The Act allows same-sex couples who register their relationship should be treated in an almost identical way to married couples.

Under the Immigration Rules, it is now possible for an application to be made to come or stay in the UK as a civil partner (in a similar manner as a married couple) or as a proposed civil partner (in similar manner as a fiance application)

What are Certificates of Approval?

At the time of writing the government indicated that they intend to do away with the requirement of certificate of approvals, but have yet to formally do so. Therefore, individuals who are in the UK who are neither British, EEA nationals or with Indefinite Leave must still obtain permission from the Home Office (called a Certificate of Approval) before they can register their civil partnership.

Since April 2009, these applications carry no fee.

Immigration solicitors suggest these applications are routinely granted if the applicants have more than 3 months left on their visa. If they have less than 3 months of their visas remaining or are over-stayers, they can still obtain approval but need to go through a longer process.

It should be noted that a certificate of approval is not a form of leave or visa for the UK, it is simply permission to a registrar to allow the couple to undertake a civil partnership. Immigration solicitors should make this clear to clients if applicants are using them.

Proposed Civil Partners

The "proposed civil partner" visa act in very similar ways to a fiance visa. It allows a foreign national to enter the UK (they cannot make the application in the UK) for the purpose of having their civil partnership ceremony. Once they have the civil partnership they can switch into the "civil partner" immigration category.

The couple need not have lived together but they must prove that they are in a subsisting relationship; can support each other before and after the civil partnership without the need for public funds and that they are free to undertake a civil partnership within 6 months. The proposed civil partnership will give permission to stay in the UK for six months, with a prohibition on work until the switch to civil partner.

Civil Partners

Once a couple have had a civil partnership, they can apply for permission to remain or enter the UK. Whether applying from inside or outside the UK. As well as having a civil partnership certificate, the couple will need to prove that they are in a genuine and subsisting relationship and that they can financially survive in the UK without the need for public funds.

Civil partner status is then given for 2 years on a probationary basis, and after the 2 years, the foreign national can then apply for indefinite leave to remain if the couple remain together.

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