Our Specialist Immigration Solicitors have recently been successful in securing leave to remain as the partner of someone in the UK with a British Citizenship for our client (“the Applicant”). The Applicant is an Indian national who sought our assistance in obtaining leave to remain. She contacted our firm seeking assistance in making an in-country application after previously holding leave to enter under the student visa route. Upon receiving a curtailment letter from her University, she reached out to LEXVISA in order to switch to a Family Visa as a civil partner. We made strong legal representations on her behalf in order to secure a successful result for her without the need for the priority service.
Our highly skilled team of immigration solicitors were able to secure approval for the Applicant’s Civil Partnership visa in a remarkably short period of time – a mere four days! Our team worked diligently to ensure all necessary documentation was completed accurately and efficiently, leaving no room for errors or delays. Our commitment to providing personalised and comprehensive immigration services, coupled with our in-depth knowledge of UK immigration law, allows us to deliver outstanding results for our clients.
This successful result proves the benefits of having reputable solicitors such as ours at LEXVISA who will make high quality applications which ensures faster processing times, without the need for paying for the priority service.
What is a Civil Partnership Visa?
A Civil Partnership Visa is a type of UK visa that allows non-EEA nationals to enter or remain in the UK as the civil partner of a UK national. This type of visa is available to both same-sex and opposite-sex partners who are in a legally recognised civil partnership. It is also available to unmarried partners who have been living together in a relationship akin to marriage for at least two years.
Is it possible to switch to a Civil Partnership Visa in the UK?
A switch can be made to a civil partnership visa in the UK from specific visa categories, which include Tier 2 visas, Tier 4 student visas and Tier 5 visas, from within the UK or from outside. The condition stipulated for such application is as such that the individuals applying must have valid leave to remain in the UK for a time frame of more than six months, to be eligible for the switch to a civil partnership via. Therefore, it is not possible to switch from a standard visitor visa to a civil partnership visa.
Can you work on a Civil Partnership Visa UK?
Individuals that have been granted the civil partnership visa successfully in the UK can study and work in the UK without any adverse legal implications but the civil partnership visa holders will not be eligible to claim benefits or public funds whilst on a civil partnership visa.
What is the processing time for a Civil Partnership Visa UK?
Currently, civil partnership visa applications made from outside the UK will typically be decided within 12 weeks from the time the individual applying provides their biometrics. In contrast, applications made within the UK have a standard processing time of 8 weeks after the provision of biometrics. Individuals applying may also choose to use the super-priority visa service at an additional cost, which usually results in a decision within 24 hours or the next working day after providing biometrics. However, if there are complexities or if the application does not meet all the necessary requirements, it may take longer to be processed.
Can I apply for a British passport if my partner is British?
While a successful application for a civil partnership visa does not guarantee the issuance of a British passport, it does provide a settlement path that can lead to naturalisation as a British citizen within 5 or 10 years, depending on the situation. To obtain a British passport as a civil partner, the fastest route takes 6 years, requiring two 30-month visas, Indefinite Leave to Remain (settlement) for a year, and finally citizenship, subject to meeting all necessary criteria.
Immigration Health Surcharge (IHS) for a Civil Partnership Visa
Temporary non-EEA migrants coming to the UK for over six months are subject to the Immigration Health Surcharge (IHS), which was introduced by the Home Office on April 6, 2015. The Home Office collects the IHS payment, which is then directed to the National Health Service (NHS).
Conditions for a Civil Partnership Visa
If you are applying for leave to remain as the civil partner of a UK national, you must meet certain legal requirements. These requirements are set out in the UK Immigration Rules and include the following:
Relationship Requirement: You must be in a genuine and subsisting relationship with a UK national who is present and settled in the UK. This means that you must have a legal civil partnership or have been living together in a relationship similar to marriage for at least two years.
Financial Requirement: You must be able to support yourself and your partner without recourse to public funds. You and your partner must have a combined income that meets the minimum income requirement which is currently set at a minimum annual income of £18,600 or show that you have savings greater than £16,000 or other sources of income that can support you.
English Language Requirement: You must be able to demonstrate your knowledge of the English language. You can meet this requirement by passing an approved English language test, having a degree taught in English or being a national of a majority English-speaking country.
Accommodation Requirement: You must have adequate accommodation for you and your partner that is suitable for living in the UK. This can include rental accommodation, owned accommodation, or accommodation provided by a family member or friend.
Immigration History: You must not have breached any immigration laws in the UK, and you must not have a criminal record or be considered a threat to national security.
Application and Fees: You must complete the application form and pay the relevant fees. You must also provide all the necessary documents to support your application.
Procedures for a Civil Partnership Visa
To apply for a Civil Partnership Visa, you will need to follow these procedures:
- Prepare your documents: You will need to gather all the necessary documents, such as your passport, evidence of your civil partnership or relationship, evidence of finances, and evidence of English language proficiency.
- Complete the application form: You will need to complete the online application form and pay the application fee. The application form will ask for your personal details, your partner’s details, and details of your finances.
- Attend a biometric appointment: You will need to attend a biometric appointment to have your fingerprints and photograph taken.
- Submit your application: You can submit your application online or by post. If you submit your application online, you will need to upload your documents. If you submit your application by post, you will need to include your documents with your application.
- Wait for a decision: You will receive a decision on your application within several weeks. If your application is successful, you will be granted a visa to enter or remain in the UK as the civil partner of a UK national.
Why Instruct Our Immigration Team?
Obtaining a Leave to Remain visa as the civil partner of a UK national can be a complex and challenging process. However, with the right legal guidance and support, it is possible to achieve a successful outcome in a remarkably short period of time. As experienced immigration solicitors, we at LEXVISA are committed to helping clients to achieve their goals of living together in the UK. We understand the challenges of the application process and can guide you through every step, from completing the application form to gathering the necessary documents, attending appointments, and liaising with the Home Office.
Our expert immigration team are regularly instructed to assist in the preparation of civil partner visa applications and in some cases are instructed to attend same day visa appointments at one of the Premium Centre’s in the UK. Our team offer some of the following services:
- Consultation with an experienced immigration solicitor who can advise on whether you meet the eligibility requirements;
- Tailored legal advice which will assist you in collating the documents required for an application; and
- Preparation of online/paper visa application forms and legal representations.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your visa application.
Contact our London immigration solicitors on 02030110276 or complete our contact form.
Authored by Tehreem Fatima, Paralegal