When there is a relationship between two people of same-sex out of which one is a British citizen or settled in the UK with ILR, and they are neither married nor in a civil partnership, then the partner who is non-EEA national can apply for a same-sex partner visa – a proposed civil partnership to join the other partner in the UK. One who is applying for a same-sex partner UK visa can come to the UK for a limited period of time by making an application under immigration rules in the UK. The applicable rules are similar to any married/unmarried couple.
Eligibility conditions for the same-sex partner visa in the UK
As an applicant, you must meet some eligibility conditions to successfully apply for a same-sex partner visa. They are the following:
- You both must be above the age of 18 years;
- You must show that you are in a relationship and you have lived together for a minimum of 2 years – if applying as an unmarried partner;
- You must show arrangements for the marriage/civil partnership to take place;
- You must provide evidence regarding your accommodation in the UK. This means you need to show that your partner has adequate accommodation for both of you and dependents if any without recourse to any public fund;
- Your relation must be genuine and subsisting;
- You must meet the English Language Requirements.
You must meet the financial requirement. You cannot access any public funds for your maintenance during your stay in the UK. This means when you stay in the UK, you and your partner in the UK must be able to take care of the financial requirements of both of you. Your British partner who is a sponsor, in this case, must be able to demonstrate that their gross annual income is a minimum £18,600.
How long can you stay once granted the visa
Once you have a successful same-sex partner visa application and you meet all entry clearance requirements, you will be granted to stay in the UK for a period not exceeding 33 months or 6 months if applying as a proposed civil partner, and after that, you can apply for an extension. You must be physically present in the UK to apply for an extension. After you have lived in the UK for a continuous period of 5 years on a same-sex partner visa, you can apply for ILR. Other conditions to obtain ILR remain the same as in other cases.
If you are looking for Expert Advice and assistance with your application, please contact Visa and Migration Ltd on 02034111261.