Immigration And Civil Partnership

[rakchanun]

hi

just found this forum so giving it a go. i know that most of you have only dealt with immigration issues with regard to gfs, but hey - if you dont ask, you never know. so, here goes

I have been in a relationship with my same-sex Thai partner for three years, and following the implementation of the Civil Partnership Act in the UK at the end of this year we intend to apply for him to settle in the UK and get a Civil Partnership. However, I am finding it difficult to find information about this.

Firstly, will it be necessary for him to obtain a spouse visa before coming to this country? I'm guessing this is so as I think I am right in saying the rules have recently changed with regard to opposite-sex couples, as previously many opposite-sex spouses came to the UK on a tourist visa and get married, before returning to their home country to obtain a settlement visa. Just want to check tho'.

Secondly, the literature always states that we must have sufficient funds to support the non-UK partner before the partnership takes place, and also up until leave to remain is accorded. How long does it currently take after application for the leave to remain to be granted, and therefore how long would we need funds to support my partner for if we got the partnership within a month of his arrival?

Thirdly, I live with my parents, grandmother and younger sister in a 4 bedroom house. If my parents gave permission for my partner to stay in our house until the partnership took place and therefore our own accommodation secured, would this be satisfactory to the immigration office?

Fourthly, and related to the third question, I am currently a student on a 4 year degree and want my partner to join me in the UK before I have finished my studies. Will the fact that I only work part-time, with a wage of £50 a week as I am a full-time student, count against us in an application? Obviously I do not receive a full-time wage, but if I had saved about £3000 to support my partner whilst he is here, would this be sufficient for the application to be approved?

Sorry it's so long but I hope someone can advise me.

Thanks a lot

pablo

[the scouser]

Pablo,

I don't know whether a civil partnership is gong to be considered a marriage for the purposes of the immigration rules, so can't really comment on that aspect. However, it is possible for your partner to seek a settlement visa, eventhough you are not married, as you've been in a relationship for in excess of 2 years. Here's the relevant paragraph of the immigration rules:-

"295A. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the unmarried partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement, are that:

(i) (a) the applicant is the unmarried 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 which has subsisted for two years or more; or

( the applicant is the unmarried partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties have been living together outside the United Kingdom in a relationship akin to marriage which has subsisted for 4 years or more; and

(ii) any previous marriage (or similar relationship) by either partner has permanently broken down; and

(iii) the parties are not involved in a consanguineous relationship with one another; and

(iv) DELETED

(v) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and

(vi) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and

(vii) the parties intend to live together permanently."

Should your partner get the visa then he would initially be allowed to stay in the UK for 2 years. At the end of this time he would then have to prove that you were still in a relationship and he would be granted indefinite leave to remain. It is for the first 2 years that your partner would have to be maintained and accommodated without recourse to public funds.

With regard to accommodation, providing that you have your mother's consent, it would be sufficient to have the sole and exclusive use of one bedroom within her house and she would have to provide a letter to this effect in order to support your partner's application. You state in your post that having arrived in the UK you and your partner would seek to get your own accommodation. There is nothing wrong with this but beware that if you claim Housing Benefit this constitutes access to public funds.

As already mentioned you would have to have sufficient money with which to take care of your partner. There is no fixed definition of how much is ample but £3000 and an income of £50.00 p.w. would not be deemed enough. You would either have to up your earnings or have a friend/family member act as a guarantor.

Cheers,

Scouse.

[samran]

Pablo,

My advice below all depends on if you intend to get married or not. If you aren't married, and don't intend to, then applying for a spousal visa based on a common law partnership requires the following practicalities to be met:

The main criteria that Scouser outlined means that you have had to have been in a relationship akin to marriage for the previous two years before applying for this visa.

In most cases this essentially means that you will have had to have lived together as partners in a common law (defacto) relationship for two years. It means that you will have common utility bills, house leases, bank accounts etc etc. It is not sufficent for the purposes of the visa that you have simply been in a relationship that hasn't involved living together continuously for 2 years.

If you have not done this (and it doesn't sound like you have if you have been studying and living with the parents), then unfortunately your partner will not be able to come with you to the UK under this scheme.

Many friends of mine in the UK have entered under this scheme, and the criteria that is applied and the evidence that is required is quite strict.

--Edited for Clarity--

Edited February 18, 2005 by samran

[the scouser]

Yes, I omitted to make it clear that you have to have been living together for at least 2 years (rather than a long distance relationship) and substantiate the claim.

Scouse.

[the scouser]

Pablo,

I've done a bit of research and found the following relating to civil partnerships and immigration:-

Stonewall site.

Basically, although the immigration rules have not as yet been changed it is believed that they will be in order to reflect the introduction of civil partnerships. If this does indeed occur then your partner would be able to apply for the equivalent of a fiancé(e) visa which would then give him 6 months in the UK in which to register a civil partnership. He would then, all things being equal, be granted leave to remain for 2 years before qualifying for indefinite leave to remain. However, the necessity to be maintained and accommodated without recourse to public funds would remain.

Cheers,

Scouse.

[rakchanun]

scouse / samran

thanks for your help, very much appreciated you are correct in saying that i haven't lived with my partner for 2 yrs in a relationship akin to marriage, it was only 9 months before i had to return to UK to study. i heard somewhere the figure of £10,000 savings bandied about to support your partner during the period between their arrival and their getting permission to work, does anyone know is this is around the right figure? also, as i currently receive a student loan (grr, won't go into the issues of a labour government introducing fees, top-up fees etc), and in my final year of my degree will be receiving a bursary from the government for teacher training, does anyone know if this constitutes 'recourse to public funds'?

thanks again for your help

pablo

[agsnowdon]

Hi hope you can help,

I think I am in the same situation as Pablo?

I have a Thai boyfriend and have been in a relationship with him for 2 years in this time I have lived with him in Thailand for 3months then 3months and also 5 months.

I am now back in england and want to get a settlement visa for him. He has money in the bank and owns land. I live at home with my parents and they are willing to help. I also have a job wich I can walk in and out of if I am going back and forth from Thailand and England.

In all I have lived with him for 11 months but not in one go. We don't mind if we can't get married but we wish for him to get a settlement visa for here and then in the future we can retire in Thailand. I have some info from your replt to pablo, if I have to live with him for 2 yrs I will live with him in Thailand is this ok?

Does anyone know how I can do this? If I can will we have to live in england for a certain ammount of time before we can go back to Thailand for holiday or extended period????

I am haing trouble using this site as this is my first use of a forum so I will put this as a new post and a reply sorry in advance if I'm being a mong.

Thanks for any help in advance I get from you all out there

Ash

[agsnowdon]

Hi hope you can help,

I think I am in the same situation as Pablo?

I have a Thai boyfriend and have been in a relationship with him for 2 years in this time I have lived with him in Thailand for 3months then 3months and also 5 months.

I am now back in england and want to get a settlement visa for him. He has money in the bank and owns land. I live at home with my parents and they are willing to help. I also have a job wich I can walk in and out of if I am going back and forth from Thailand and England.

In all I have lived with him for 11 months but not in one go. We don't mind if we can't get married but we wish for him to get a settlement visa for here and then in the future we can retire in Thailand. I have some info from your replt to pablo, if I have to live with him for 2 yrs I will live with him in Thailand is this ok?

Does anyone know how I can do this? If I can will we have to live in england for a certain ammount of time before we can go back to Thailand for holiday or extended period????

I am haing trouble using this site as this is my first use of a forum so I will put this as a new post and a reply sorry in advance if I'm being a mong.

Thanks for any help in advance I get from you all out there

Ash

[the scouser]

Pablo,

Those things you mentioned don't constitute public funds. In terms of how much money you need to support a partner there is no set figure, it has to be a reasonable amount. What constitutes reasonable would be determined by the visa officer but generally speaking just being employed will be sufficient.

Cheers,

Scouse.