Visa For Civil Partners To Uk

[vietboy2009]

any advice on getting a visa to live in the UK after getting civil partnership with British national?

[endure]

The best place to ask that question is in the 'Visas to other countries forum. I'll move your thread there.

[vietboy2009]

The best place to ask that question is in the 'Visas to other countries forum. I'll move your thread there.

when can i apply for visa to live in UK with my British partner once we have been civil partnership?

what kind of visa should i apply? i have never been there before.

we have been in touch more than 2 years and been together nearly 1 year.

[Eff1n2ret]

when can i apply for visa to live in UK with my British partner once we have been civil partnership?

what kind of visa should i apply? i have never been there before.

we have been in touch more than 2 years and been together nearly 1 year.

The Immigration Rules make a distinction between "Civil Partners" and "Unmarried and same sex partners". If you haven't formally registered the partnership, you would probably be regarded as an "unmarried or same sex partner". This is the main requirement as set out (but there are also the provisions regarding intention to live together, support and accommodation, etc.):

"(i) (a) the applicant is the unmarried or same-sex partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement and the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more;"

So if by "been together nearly 1 year" you mean actually living together, you have another year before you can be considered.

If you do have a formally registered Civil Partnership, you could apply now. This is the link to the relevant section of the Rules:

http://www.ukba.homeoffice.gov.uk/policyan...civil_partners/

[7by7]

To qualify for an unmarried partner visa you need to have been living together in a relationship akin to marriage for a minimum of two years, which you haven't. So that is a non starter.

However, you can apply now either as a civil partner or a prospective civil partner.

If you can register your civil partnership in the country you are currently living in then do so and then apply as a civil partner. Your visa will be for two years after which you apply to remain in the UK indefinitely (ILR).

If your current country of residence does not allow civil parnerships between same sex partners (if you are in Thailand, then AFIAK it doesn't) then you can apply as a prospective civil partner and then register your civil partnership once in the UK. Your visa will last for 6 months, during which you register your partnership. You then apply for further leave to remain which lasts for 2 years after which you can apply for ILR.

(To qualify for ILR you will need, among other requiremnets, need to show that you have a sufficient English ability and kmowledge off life in the UK. See Knowledge of language and life in the United Kingdom.)

See:-

Chapter 13 - Settlement : Fiance(e)s, proposed civil partners, spouses, civil partners, unmarried and same-sex partners

Chapter 9 - The maintenance and accommodation requirements

Guidance - Husbands, wives and partners (INF 4)

For how and where to apply in Thailand, see UK Visa Application Centre in Bangkok

Edited February 18, 2009 by 7by7

[chrisyork]

I've read that it is possible for a Thai national and a Farang to make a civil partnership in Vietnam. Presumably you would then register the partnership at the UK Embassy in Vietnam. Then apply for Visa to UK either in Vietnam or in BKK. Personally I'd choose Vietnam simply on the grounds that the Embassy in BKK is staffed by old Etonians who seem to take a particular delight in humiliating Thai's (and their Farang partners!).

Chris

[SarahPJ]

HI there,

I have been with my partner for over 2 years and living in Thailand (I'm the Farang). He has already had 2 UK visas approved with no issues. Due to family commitments, we will visit for the UK for 6 months. It is therefore not financially viable for him not to work, and he would also like to establish himself in the UK as well as Thailand.

So, my questions:

1. would a civil partnership visa be the best option?
   
2. Does it give him the right to work?
   
3. Would he have the same rights as if we were married ie: be entitled to all my equity in Thailand? ( I do understand that getting married is the easiest option, but don't want to go down this road JUST for a visa - will do this when and if we want to legalise the relationship)
   
4. How long does this process take - is this 3 months as we have flights booked for end of April for 6 months in the UK?
   
5. Would he be able to work during this period?
   
6. Last quesiton - how easy is this process?
   

I think that's my list for now

[Eff1n2ret]

HI there,

I have been with my partner for over 2 years and living in Thailand (I'm the Farang). He has already had 2 UK visas approved with no issues. Due to family commitments, we will visit for the UK for 6 months. It is therefore not financially viable for him not to work, and he would also like to establish himself in the UK as well as Thailand.

So, my questions:

1. would a civil partnership visa be the best option?
   
2. Does it give him the right to work?
   
3. Would he have the same rights as if we were married ie: be entitled to all my equity in Thailand? ( I do understand that getting married is the easiest option, but don't want to go down this road JUST for a visa - will do this when and if we want to legalise the relationship)
   
4. How long does this process take - is this 3 months as we have flights booked for end of April for 6 months in the UK?
   
5. Would he be able to work during this period?
   
6. Last quesiton - how easy is this process?
   

I think that's my list for now

I'm afraid you may misunderstand the concept of "Civil Partnership". If you're a female Sarah, and your partner's a bloke, civil partnership is not an alternative to marriage - The Civil Partnership Act 2004, which came into force on 5 December 2005, gave same-sex couples the opportunity to enter into a legal relationship termed a civil partnership.

So your options, if you're thinking of settling in the UK, are the 2-year spouse visa, which would entitle your partner to take employment, or the 6-month fiance visa which does not permit employment but can be converted into a 2-year LTR, which does. The fiance visa enables entry to the UK for the purpose of getting married and applying to stay there.

If you go for the 2-year spousevisa, you can come and go, and I don't think there's any minimum period you have to spend in the UK, but long absences would affect a subsequent application for British citizenship. It's a rather expensive way of securing extended visits with the right to work. You also need to think 2 years down the line about the credibility of submitting another spouse visa application if you haven't pursued the right to settlement conferred by the first one.

If he's previously been granted visas the threshold should be much lower than for most first-time applicants, but your comment that "it's not financially viable for him not to work" suggests that you need to pay close attention to the support and accommodation requirements for spouse visa applicants.

I should have mentioned at the outset that an application for a spouse visa implies that a marriage has taken place.

Edited February 23, 2009 by Eff1n2ret

[Eff1n2ret]

As a further comment, I should have added that if you can demonstrate 2 years together you can apply as an "unmarried partner" (not civil partner) - but the rest of my comments relating to spouse applications apply

[SarahPJ]

I'm afraid you may misunderstand the concept of "Civil Partnership". If you're a female Sarah, and your partner's a bloke, civil partnership is not an alternative to marriage - The Civil Partnership Act 2004, which came into force on 5 December 2005, gave same-sex couples the opportunity to enter into a legal relationship termed a civil partnership.

So your options, if you're thinking of settling in the UK, are the 2-year spouse visa, which would entitle your partner to take employment, or the 6-month fiance visa which does not permit employment but can be converted into a 2-year LTR, which does. The fiance visa enables entry to the UK for the purpose of getting married and applying to stay there.

If you go for the 2-year spousevisa, you can come and go, and I don't think there's any minimum period you have to spend in the UK, but long absences would affect a subsequent application for British citizenship. It's a rather expensive way of securing extended visits with the right to work. You also need to think 2 years down the line about the credibility of submitting another spouse visa application if you haven't pursued the right to settlement conferred by the first one.

If he's previously been granted visas the threshold should be much lower than for most first-time applicants, but your comment that "it's not financially viable for him not to work" suggests that you need to pay close attention to the support and accommodation requirements for spouse visa applicants.

I should have mentioned at the outset that an application for a spouse visa implies that a marriage has taken place.

Whoops! that shows how out the loop I am, I thought that civil partnerships were long term relationships with no legal committment (a.k.a marriage)

Thanks for your succinct reply and coming back so quickly.

If I could ask for recommendation or advise as I get very confused with all the different visa options open.

We will be coming and going from Thailand to the UK for around 4-6 month periods every year in each location. Thai partner has a successful business here with transferable skills and would also like to have a UK 'arm' of his business.

At this stage we/I are not ready to get married but cannot say 1 month, 1 year, 1 decade down the line.

What would be the best visa option for him to apply for so that he is able to work. I am also not ruling out a student visa too, which we may well do for this visit as he wants to improve reading, writing and listening skills for his business. (He's already 95% fluent in English).

[Eff1n2ret]

I think you have to look at an "unmarried partner" visa (not civil partner) (see Para 295B and the relevant parts of 295A on this link to the Immigration Rules)

http://www.ukba.homeoffice.gov.uk/policyan...amesexpartners/

This would enable him to spend extended periods and work in the UK. You effectively have to prove that you have been living together similar to a marriage for at least 2 years, and meet the support and accommodation requirements.

If he's looking to establish a business in the UK, the "Business Visitor" provisions of the Rules are probably too restrictive for this purpose, and he can't apply as a "Sole Representative" of his own business in Thailand. The requirements to set up a business as a Tier1 migrant under the new points system are more involved and include a deposit of £200k.

I would be cautious about applying as a student. The requirements preclude more than 20hours work per week, and setting up a company, or being a director of one is a no-no. Also, if his business in Thailand requires trips back there during term-time, he could get black marks for non-attendance and the whole thing could unravel. Unless his primary purpose in coming to the UK is to pursue a course of study here, I would forget it.

Thus although you're not looking to settle in the Uk full-time, the unmarried partner provisions are probably the best way in.

If you wish to verify to validity of the foregoing, you could have a word with OISC-registered Davies Khan, whose link appears above this forum.

[SarahPJ]

I think you have to look at an "unmarried partner" visa (not civil partner) (see Para 295B and the relevant parts of 295A on this link to the Immigration Rules)

http://www.ukba.homeoffice.gov.uk/policyan...amesexpartners/

This would enable him to spend extended periods and work in the UK. You effectively have to prove that you have been living together similar to a marriage for at least 2 years, and meet the support and accommodation requirements.

If he's looking to establish a business in the UK, the "Business Visitor" provisions of the Rules are probably too restrictive for this purpose, and he can't apply as a "Sole Representative" of his own business in Thailand. The requirements to set up a business as a Tier1 migrant under the new points system are more involved and include a deposit of £200k.

I would be cautious about applying as a student. The requirements preclude more than 20hours work per week, and setting up a company, or being a director of one is a no-no. Also, if his business in Thailand requires trips back there during term-time, he could get black marks for non-attendance and the whole thing could unravel. Unless his primary purpose in coming to the UK is to pursue a course of study here, I would forget it.

Thus although you're not looking to settle in the Uk full-time, the unmarried partner provisions are probably the best way in.

If you wish to verify to validity of the foregoing, you could have a word with OISC-registered Davies Khan, whose link appears above this forum.

Thank you - it's all much clearer now.

For the student option, this would be for the next visit only and then take a view at other options the next time we return - which would most likely be in 2010. By that stage, we would have 3 years of co-habiting under our belts.

I'm really looking for the best option to be able to legally sustain an existence in both countries (UK & Thailand)

Does the 200K GBP rule still apply if:

1. we were to be in business together or would the easiest solution be for me to 'employ' him? I already have a Ltd company in the UK?
   
2. if he is freelancing or contracting his services (cameraman)?
   

Thank you very much for your quick and comprehensive replies

[Eff1n2ret]

I hesitate to advise you further as I'm not familiar with the workings of the system that's been put in place, and they keep moving the goalposts in any case. Just today, for example, they've announced that they won't look at anybody under the Tier 1 Highly Skilled Migrant category unless they have a Masters Degree and earn over £20000 a year.

Basically because of the crash in the economy they want to stop employing people from outside the EEA except in very limited shortage occupations - shouldn't think a cameraman qualifies.

And to answer your question about employing him via your company, you're into the whole exciting world of obtaining a sponsor licence before you even think about this.

But don't take my word for it, because I don't know enough and my brain hurts when I even look at this section of the rules. The advisor that I mentioned previously has a better idea.

[7by7]

As Eff1n2ret says, what you are looking to achieve appears to fall into several possible categories.

However.

An unmarried partner or other type of settlement visa isn't right as there is no intention, at present, to settle in the UK.

A visit visa isn't right as he wishes to work.

Student visas are not as easy to get these days as one might think, thanks to abuses of the system in the past. If he were to get one then he could only work a maximum of 20 hours per week anyway.

The work permit rules have become much more complicated, and I too am hesitant to advise on them.

I really think that this is a case for professional advice; but make sure you obtain that advice in the UK from a reputable source. That is an immigration solicitor or an OISC registered adviser. Davis Khan do have a good reputation, or to find one close to you in the UK see the OISC register or phone 020 7211 1574 and leave your name, phone number and the area of search ie. the relevant town or city.

Whatever you do, do not seek advice from an adviser in Thailand (unless they also have a UK office and are OISC registered). Most so-called visa agents in Thailand are mere form fillers who charge exorbitant fees for their 'advice.' Even worse some are con artists, pure and simple. This applies particularly to certain agencies run or fronted by Brits. Even an honest and professional agent in Thailand is unlikely to have the expertise for a complicated situation such as yours.

[SarahPJ]

As Eff1n2ret says, what you are looking to achieve appears to fall into several possible categories.

However.

An unmarried partner or other type of settlement visa isn't right as there is no intention, at present, to settle in the UK.

A visit visa isn't right as he wishes to work.

Student visas are not as easy to get these days as one might think, thanks to abuses of the system in the past. If he were to get one then he could only work a maximum of 20 hours per week anyway.

The work permit rules have become much more complicated, and I too am hesitant to advise on them.

I really think that this is a case for professional advice; but make sure you obtain that advice in the UK from a reputable source. That is an immigration solicitor or an OISC registered adviser. Davis Khan do have a good reputation, or to find one close to you in the UK see the OISC register or phone 020 7211 1574 and leave your name, phone number and the area of search ie. the relevant town or city.

Whatever you do, do not seek advice from an adviser in Thailand (unless they also have a UK office and are OISC registered). Most so-called visa agents in Thailand are mere form fillers who charge exorbitant fees for their 'advice.' Even worse some are con artists, pure and simple. This applies particularly to certain agencies run or fronted by Brits. Even an honest and professional agent in Thailand is unlikely to have the expertise for a complicated situation such as yours.

Yikes!!! I'm starting to regret every asking the questions. Thanks for highlighting the minefield ahead!

I am aware of the rules around working hours for students and part time work would suffice, and the purpose of the study would be genuine and not abused.

It's such a shame that 'system abusers' make it so difficult for the genuine applications.

I will go off and get my head around all the legalities surrounding our challenge and get in touch with a immigration lawyer if necessary.

Marriage would be the simplest solution, but I am certainly not doing that just to get over the hurdles!

Thanks for everyone's input

[7by7]

Marriage would be the simplest solution, but I am certainly not doing that just to get over the hurdles!

As you have been living together for over two years then he is already qualified for an unmarried partners visa. Getting married means that he would qualify for a spouse visa instead. (Assuming all the other criteria are met, of course.) As these are essentially the same, marrying would not alter your situation.

You could go for settlement as unmarried partners; this would allow him to work and to travel in and out of the UK. However, as you plan to spend a large amount of time out of the UK there may be difficulties in two years time when he would need to apply for Indefinite Leave to Remain. There is no specific maximum time allowed out of the UK during this two years, but he would need to show that the UK is his main residence; difficult to do if he spends more time in Thailand than the UK.

Edited February 25, 2009 by 7by7

[Eff1n2ret]

"...but he would need to show that the UK is his main residence;..."

There is no such requirement in Para295G of the Rules. He would have to be the u-m partner of a person "settled and present" in the UK. If they spend prolonged periods in the UK and are running a business there, the OP, who has the Right of Abode, could probably argue that the UK is "home" unless she has declared herself non-resident.

Specific periods of absence become important if/when an application for citizenship is made.

But the OP's immediate intentions seem to have changed a little, as she's now saying that there will be one visit here this year, when her partner might take a course of study, and then see what they want to do next year. If he wants to do a course of 6 months or less, don't apply as "Student Visitor", or he will not have the right to take employment. But he will need to show good reasons for the need to do the course in the UK and how it will benefit his career.

The largely amateur advice you can get on a forum like this is ok for straightforward cases. But this is not one such, and a confidential consultation with a professional advisor will probably help you sort out the best way forward.

[7by7]

"...but he would need to show that the UK is his main residence;..."

There is no such requirement in Para295G of the Rules.

True, other than the UK partner should be present and settled. However, remember that the published immigration rules are

a consolidated version of the current immigration rules

and so do not cover everything. IMHO anyone applying for ILR who has spent the majority of the qualifying period out of the UK is likely to be refused.

The largely amateur advice you can get on a forum like this is ok for straightforward cases. But this is not one such, and a confidential consultation with a professional advisor will probably help you sort out the best way forward.

Agree completely.