Settlement Visa For My Gay Partner

[agsnowdon]

Hi

I have been with my partner for 2 and half years now, she who has had a sex change to become a lady so I call her my girlfiend. But legally her gender is Male.

We wish to settle in England and want to get a settlement visa for her/him. Please can I have any advice on how to do this.

I looked into this about 6 months ago on this site but I never followed through as me and my partner had time apart for me and her to make sure we were doing the right thing.

I am currently in England and she is in Thiland I am going back to Thailand in December for a year hopefully, maybe 9 months as I have a wedding to attend.

This is what I think is true but could you please help.

At the moment you have to have lived with your gay partner for 2 straight years in the same country to get a visa for him?

Also the Civil Partnership Act is coming into place in December true?

If the act comes into place what dose this mean and how do we obtain a visa?

Thanks for all your help. Its much apreciated!!!!

Thanks Ash

Edited August 25, 2005 by agsnowdon

[the scouser]

Hi Ash,

Your question invokes two unconnected aspects of the immigration rules.

Firstly, if you have lived together in a relationship akin to marriage for 2 years or more, then it is possible to apply for a visa in that capacity. The visa would allow your g/f to stay in the UK for an initial 2 years and then, providing the relationship was still subsisting, attain settled status; i.e. be given indefinite leave to remain. The rules governing this are quite rigid and you would have to submit proof of your cohabitation for the duration of the 2 years. Any breaks would have to be accounted for and would only be disregarded if they were for unavoidable; e.g. one partner had to return to their home country because of family bereavement. However, the facility to apply for a visa in this capacity exists now and is in no way connected to the concept of civil partnerships.

Secondly, as you state, the Civil Partnership Act will be in force from December. It is believed that the immigration rules will then be amended to allow same-sex partners to apply for fiancé-type visas to allow them to register their partnership in the UK. As of yet I have seen no confirmation of this from the Home Office. However, should the immigration rules be amended to take into account civil partnerships, then your g/f would be allowed to apply for a fiancé(e) visa which would give her 6 months in the UK in which to register the partnership. She would then seek the 2 years and ILR as in option 1 above. This provision, should it come into force, does not need a minimum duration of the relationship although you would still need to prove that one exists.

All the best,

Scouse.

[GU22]

Ash, the Civil Partnerships Act 2004 has been discussed at length on Thailand-UK. You'll need to register to access the search facility, but once you gave done so simply put "civil partnerships" into Find and you will see lots of info.

Hope this helps.

[agsnowdon]

Hi Scouse,

Thanks for your help!

Can i ask. What the 2 years and ILR option you speak of for both options.

I wish we had lived together for 2 years straight. So it looks like I'll have to go for the CPA route.

I'll be going back to Thailand in December for one last stint over there before I come back here. Hopefully we shall be able to come back together!

Look forward to hearing from you Ash

[agsnowdon]

Hi GU22

Thanks for your advice!!!!

Will look at the website. Thanks