PROPOSED CIVIL PARTNER VISA

The UK Proposed Civil Partner Visa is for engaged partners of British or Irish citizens, persons who are settled in the UK, persons with pre-settled status, persons with a Turkish Businessperson or Turkish Worker visa and persons with refugee status or humanitarian protection who wish to enter into a civil partnership in the UK within 6 months of their arrival.  An application for a UK Proposed Civil Partner Visa must be made from outside the UK.

The UK Proposed Civil Partner Visa does not lead directly to settlement in the UK. However, once you have registered a civil partnership in the UK, you will be able to apply from within the UK to extend your stay on the Civil Partner visa route. The UK Civil Partner Visa can lead to indefinite leave to remain or settlement in the UK after a period of 5 years.

UK Proposed Civil Partner Visa Requirements

In order to qualify for a UK Proposed Civil Partner Visa, you will need to satisfy UK Visas and Immigration that you meet the following requirements:

• Your partner is British or Irish, is settled in the UK, has been granted pre-settled status, holds a Turkish Businessperson or Turkish Worker visa or has refugee status or humanitarian protection;
• You are both over the age of 18;
• You have met in person;
• Your relationship is genuine and subsisting;
• You intend to register a civil partnership within six months of your arrival in the UK;
• Any previous relationships have broken down permanently;
• You intend to live together permanently in the UK;
• You will be adequately maintained in the UK without recourse to public funds;
• There is adequate accommodation for you and any dependents;
• You speak and understand English to the required level.

The exact requirements you will need to satisfy may vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

To discuss your UK Proposed Civil Partner Visa application with one of our immigration barristers, contact our UK immigration lawyers on 0203 617 9173 or complete our enquiry form below.

Status of Sponsoring Partner

In order to qualify for a UK Proposed Civil Partner Visa, your partner must either:

• Be a British or Irish citizen in the UK; or
• Have indefinite leave to remain, settled status or permanent residence in the UK; or
• Have pre-settled status under Appendix EU; or
• Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA; or
• Have refugee leave or humanitarian protection status in the UK.

A British Citizen in the UK includes a British Citizen who is coming to the UK with you as your partner.  A person with indefinite leave to remain in the UK includes a person who is being admitted for settlement on the same occasion as you.

Minimum Age Requirement

You and your partner must both be over the age of 18 on the date when you submit your visa application.

Relationship Requirement 

The relationship requirement has various elements to it:

• You and your partner must not be within a prohibited degree of relationship;
• You and your partner must have met in person;
• Your relationship must be genuine and subsisting;
• You must be coming to the UK to enable your civil partnership to take place in the UK within 6 months of your arrival;
• Any previous relationship must have broken down permanently;
• You and your partner must intend to live together permanently in the UK.

Prohibited Degree of Relationship Requirement

In order to qualify for this visa, you and your proposed civil partner must not be within a prohibited degree of relationship as defined in the Marriage Act 1949 and the Marriage (Prohibited Degrees of Relationship) Act 1986 and the Civil Partnership Act 2004.  

This means that you and your proposed civil partner must not be related in any of the following ways:

• Adoptive child
• Adoptive parent
• Child
• Former adoptive child
• Former adoptive parent
• Grandparent
• Grandchild
• Parent
• Parent’s sibling
• Sibling
• Sibling’s child

In this list ‘sibling’ means a brother, sister, half-brother or half-sister.

A proposed civil partnership between a person and any person in the following list will not qualify for a proposed civil partner visa until both parties are aged 21 or over, and provided that the younger party has not at any time before attaining the age of 18 been a child of the family in relation to the other party:

• Child of former civil partner
• Child of former spouse
• Former civil partner of grandparent
• Former civil partner of parent
• Former spouse of grandparent
• Former spouse of parent
• Grandchild of former civil partner
• Grandchild of former spouse

Requirement to Have Met in Person

You and your proposed civil partner must have met in person. The requirement to have ‘met’ means that you must be able to demonstrate a face-to-face meeting which resulted in the making of a mutual acquaintance. Simply coming face-to-face followed by telephone or written contact would not satisfy the requirements for a UK Proposed Civil Partner Visa.

Genuine and Subsisting Relationship Requirement

In order to qualify for a UK Proposed Civil Partner Visa you will need to provide the Home Office with evidence that your relationship with your partner is a genuine and subsisting relationship.

Decisions on whether a relationship is genuine and subsisting are made on a case-by-case basis, taking into account all available evidence and individual circumstances. 

Factors Considered by the Home Office When Deciding Whether a Relationship Is Genuine and Subsisting

Factors which may be considered by the Home Office when determining whether your relationship is genuine and subsisting include:

• Whether you and your proposed civil partner are in a current, long-term relationship; 
• Whether you and your proposed civil partner have been or are now living together;
• Whether you and your proposed civil partner have children together (biological, adopted or step-children) and shared responsibility for them; 
• Whether you and your proposed civil partner share financial responsibilities;
• Whether you and your proposed civil partner have visited the other’s home country and family;
• Whether you and your proposed civil partner have made definite plans concerning the practicalities of living together in the UK.

If the Home Office has doubts as to the genuine and subsisting nature of your relationship then it may undertake further checks, interview you and your proposed civil partner or arrange a home visit.

Documents Required to Prove a Genuine and Subsisting Relationship

The Home Office will expect to see significant evidence of regular contact, signs of affection and companionship, emotional support, and an abiding interest in each other’s welfare and wellbeing.

The Home Office will usually expect to see evidence of cohabitation. Documents should ideally be in the name of you and your proposed civil partner jointly.  Alternatively, it is possible to rely on documents addressed to you both individually at the same address. Documents should be dated within the last few years and originate from a range of sources. Official documents are preferred, but if it is not possible to provide exclusively official documents then other documents proving cohabitation may also be submitted.

If you and your proposed civil partner have not lived together, or have not lived together for very long, it is also possible to provide unofficial evidence of a relationship.  

As mentioned above, the Home Office will expect to see significant evidence of a genuine and subsisting relationship. If the Home Office has doubts as to the genuine and subsisting nature of your relationship then it may undertake further checks, interview you and your proposed civil partner or arrange a home visit. If it has reasonable grounds to doubt that your relationship is genuine or subsisting then your Proposed Civil Partner Visa application will be refused.

Our immigration barristers regularly advise Proposed Civil Partner Visa applicants as to the documentary evidence that the Home Office will expect to see in order to be satisfied that their relationship is a real one, based on genuine affection and shared values, and that it is ongoing at the time of the application. We do not rely on templated lists of documents and only ever advise our clients on the documents needed to prove a genuine and subsisting relationship on the basis of their own personal circumstances.  

• What is a Genuine and Subsisting Relationship?
• Genuine and Subsisting Relationship Requirement

Intention to Register a Civil Partnership in the UK Within 6 Months

You must be seeking entry to the UK to enable your civil partnership to take place in the United Kingdom. And, because Proposed Civil Partner Visas are valid for a period of 6 months, you will need to satisfy the Home Office that you intend to register a civil partnership within 6 months of your arrival in the UK. The Home Office will generally expect to see some evidence of planning and / or arrangements for your civil partnership day.

Previous Relationship Broken Down Permanently

In order to meet the requirements for this visa, neither you or your proposed civil partner can be married to, or in a civil partnership with, another person at the date of your visa application. You must both be free to marry.

If you have previously been married or have entered into a civil partnership, you will need to satisfy the Home Office that you are divorced, your civil partnership has been dissolved or you are widowed. 

You will need to provide documentary evidence which complies with the requirements of the Immigration Rules. 

If you or your partner have previously been married or formed a civil partnership and this marriage or civil partnership has not been legally dissolved then you may still qualify for an Unmarried Partner Visa. You will need to provide evidence that the new relationship is genuine and subsisting and that the previous relationship has broken down permanently.

Intention to Live Together Permanently in the UK

UK Visas & Immigration will want to be satisfied that you and your proposed civil partner intend to live together permanently in the UK.

At the initial application stage this will require a clear commitment from both of you that you will live together permanently in the UK immediately following the outcome of your visa application or as soon as circumstances permit thereafter.

When you apply for further leave to remain or indefinite leave to remain as a civil partner, the Home Office will expect any periods of time spent outside the UK to be limited, for good reason and consistent with an intention to live together permanently in the UK. Good reasons could include time spent overseas in connection with work, holidays, training or study.

If you or your civil partner-to-be spend the majority of your time overseas, this could cause the Home Office to doubt your intention to live together permanently in the UK. The Home Office will consider the reasons for travel, length of absence and whether you and your civil partner travelled and lived together during the time spent outside the UK. 

• Residence Requirements for Partners

UK Proposed Civil Partner Visa Financial Requirement

In order to demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will need to satisfy a financial requirement.

The financial requirement for a UK Proposed Civil Partner Visa application states that, unless exempt, you will need to demonstrate that your proposed civil partner (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least £29,000.

There is no longer a separate child element to the minimum income requirement.

Different considerations will apply if your proposed civil partner is in receipt of certain state benefits or entitlements, when the financial requirement is that the sponsor can ‘adequately maintain and accommodate’ the family member being sponsored to enter or remain in the UK.

You will need to meet the financial requirement when you first apply to enter the UK as a proposed civil partner, when you apply to extend your stay as a civil partner and when you apply for indefinite leave to remain as a civil partner. 

The Immigration Rules relating to the Proposed Civil Partner Visa financial requirement are complex and include mandatory documentary evidence requirements.  The onus is on applicants to demonstrate that the financial requirement is met.  One of the most common reasons for refusal of a visa application on this route is because mandatory financial evidence is not provided.   

How to Satisfy the UK Proposed Civil Partner Visa Financial Requirement

The UK Proposed Civil Partner Visa financial requirement can be satisfied in a variety of different ways, including by relying on:

• Income from salaried or non-salaried employment of your proposed civil partner (and/or you if you are in the UK with permission to work); 
• Non-employment income, for example, income from property rental or dividends from shares; 
• Cash savings of your partner and/or yourself, above £16,000, held by your proposed civil partner and/or you for at least 6 months and under their / your control;
• State (UK or foreign), occupational or private pension of your proposed civil partner and/or yourself;
• Income from self-employment, and income as a director or employee of a specified limited company in the UK, of your proposed civil partner (and/or you if you are in the UK with permission to work).

In some circumstances it is possible to rely on a combination of the above sources of income to satisfy the financial requirement.  

As mentioned above, different considerations will apply if your proposed civil partner is in receipt of certain state benefits or entitlements. 

Also, Proposed Civil Partner Visa applicants relying on cash savings to satisfy the  financial requirement may wish to keep in mind that the level of cash savings required in an entry clearance and extension application is different from the level required when applying for indefinite leave to remain as a civil partner. 

In exceptional circumstances in which refusal of the visa application could otherwise breach ECHR Article 8, other credible and reliable sources of income, financial support or funds available to the couple may be taken into account.

Our immigration barristers are experts in the Proposed Civil Partner Visa financial requirement rules and regularly assist UK Proposed Civil Partner Visa applicants to navigate the complex evidential requirements.

Proposed Civil Partner Visa Accommodation Requirement 

When you apply for entry clearance as a proposed civil partner, you will need to provide evidence that there will be adequate accommodation available to you and your proposed civil partner, without the need to rely on public funds, in accommodation which you own or occupy exclusively.

You will need to provide evidence as to the basis on which the property is owned or occupied, that you are legally and exclusively entitled to occupy the property and that the property will not be overcrowded or contravene public health regulations.

• The UK Family Visa Accommodation Requirement
• Meeting the Accommodation Requirement: UK Spouse or Fiance Visa

Proposed Civil Partner Visa English Language Requirement 

Unless exempt, as part of your Proposed Civil Partner Visa application you will need to satisfy the Home Office that you satisfy an English language requirement.

When applying for entry clearance on the Proposed Civil Partner Visa route you will need to demonstrate competence in the English language to at least CEFR level A1. Once you have successfully switched into the civil partner route and you apply for further leave to remain as a civil partner (after having held leave as a civil partner for 2.5 years), you will need to demonstrate competence in the English language to at least CEFR level A2. 

You can meet the Proposed Civil Partner Visa English language requirement by:

• Holding the nationality of a majority English speaking country;
• Passing an approved English language test at or above the required CEFR level, with an approved provider as set out on Approved Secure English Language Tests and Test Centres; or
• Having an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK; or, if awarded outside the UK, is deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis (formerly UK NARIC) has confirmed that the degree was taught or researched in English at or above the required CEFR level.

In order to be exempt from the English language requirement you will normally have to prove that either:

• You are over the age of 65 at the date of application;
• You have a physical or mental disability which prevents you from meeting the English language requirement; 
• There are exceptional circumstances which mean that you cannot satisfy the English language requirement before entering the UK.

If you are not able to demonstrate that you meet the English language requirement (or are exempt), then your Proposed Civil Partner Visa application will be refused.

• Family & Partner Visa English Language Requirement

UK Proposed Civil Partner Visa Supporting Documents Checklists

The most common reason for a Proposed Civil Partner Visa application to be refused is because the applicant fails to include sufficient documentary evidence in support of their application.

The Immigration Rules contain strict requirements in terms of the documents that must be submitted in support of a UK Proposed Civil Partner Visa application.  Every case is different and the required supporting documents for a Proposed Civil Partner Visa application will vary from case to case. 

Applicants should be very careful when using pre-prepared document checklists for Proposed Civil Partner Visa applications.  Advice from an immigration lawyer will ensure that the documents listed are appropriate for individual circumstances.  

At the same time, if a required document is not provided, is in the wrong format or does not contain all mandatory information then the application for a Proposed Civil Partner Visa may be refused.  Appeals can take many months to be determined and the outcome may be uncertain.  A fresh application will involve further cost and additional delay.

Our immigration barristers provide expert advice to Proposed Civil Partner Visa applicants in relation to the documents required for a successful Proposed Civil Partner Visa application and also check supporting documents for compliance with the Immigration Rules.  

UK Proposed Civil Partner Visa Application Fee

The Home Office application fee for a UK Proposed Civil Partner Visa application submitted outside the UK is currently £1,846. The Home Office application fee to switch into the civil partner category from within the UK or extend stay as a civil partner is currently £1,048. Additional fees will apply if you use the Priority Service.

UK Proposed Civil Partner Visa Processing & Decision Waiting Times

The current Home Office processing time for a Proposed Civil Partner Visa application submitted outside the UK is 24 weeks. If you apply via the Priority Service then you will usually receive a decision within 30 working days. There is no Super Priority Service for out-of-country applications.

• Can I Visit the UK While My Partner Visa Is Being Processed?

Applications for Proposed Civil Partner Visas can only be made from outside the UK.  It is not possible to switch into the Proposed Civil Partner Visa category from within the UK.     

Duration of a UK Proposed Civil Partner Visa

If your application for a UK Proposed Civil Partner Visa is successful, your visa will be valid for 6 months initially.

After your civil partnership has taken place, you will then be eligible to apply to switch into the Civil Partner category without having to leave the UK.

If your application for further leave to remain in the UK as a Civil Partner is successful then you will be granted further leave to remain for a period of 30 months.  You will need to extend your Civil Partner leave for a further 30 months before it expires.

After spending 5 years in the UK as the Civil Partner of a British citizen or settled person, you will be eligible to apply for indefinite leave to remain.

Working in the UK on a Proposed Civil Partner Visa

Proposed Civil Partner Visa holders are not permitted to work in the UK.

To discuss your UK Proposed Civil Partner Visa application with one of our immigration barristers, contact our UK Proposed Civil Partner Visa lawyers on 0203 617 9173 or complete our enquiry form below.

UK Proposed Civil Partner Visa Frequently Asked Questions

How Can I Register a Civil Partnership in the UK?

If you wish to travel to the UK to register a civil partnership then there are two main immigration routes available: the Civil Partnership Visit visa and the Proposed Civil Partner visa.

The Civil Partnership Visit visa is designed for individuals who wish to visit the UK to register a civil partnership, or give notice of a civil partnership, in the UK.

The Proposed Civil Partner visa is for engaged partners of British citizens, persons with indefinite leave to remain in the UK, refugee leave or humanitarian protection or limited leave to remain under Appendix EU or Appendix ECAA, who wish to enter the UK and register a civil partnership within 6 months of their arrival.

• How to Get Married in the UK: Choosing the Right Visa for Marriage
• What Visa do I Need To Get Married in the UK?

Where Can I Apply for A UK Proposed Civil Partner Visa?

An application for a UK Proposed Civil Partner Visa must be made from outside the UK. You should apply in the country where you are resident (otherwise than as a visitor). You do not need to be a citizen of the country.

How Do I Apply for a UK Proposed Civil Partner Visa?

Proposed Civil Partner Visa applications are made using an online application form. 

Before you apply for a UK Proposed Civil Partner Visa you should check the correct application form for your individual circumstances with an immigration lawyer.

You should prepare your supporting documents while you are preparing your Proposed Civil Partner Visa application form, as there are some specific document requirements which necessitate that your documents are dated before the date that you submit the online application form. 

The current system allows individuals to upload scans of their Proposed Civil Partner Visa supporting documents for the Home Office to review. However, you should check the individual procedure for the country in which you intend to apply at the time when you are applying, as the Home Office changes this system from time to time.

What if I Do Not Register a Civil Partnership Within 6 Months?

If your civil partnership does not take place before your Proposed Civil Partner Visa expires, you can apply to extend your stay for a further 6 months in order to allow the ceremony to take place, provided that there is a good reason why it has not done so to date and there is evidence that a ceremony will take place within the next 6 months.

When Can I Apply for a British Passport?

When you first enter the Proposed Civil Partner Visa category you will be granted permission to stay for a period of 6 months. Once you have registered a civil partnership, you will be able to apply to switch into the Civil Partner Visa category.  If this application is successful you will be granted further leave for a period of two and a half years. You will then have to make an extension application before the expiry of this leave and will be granted a further two and a half years.

Most people in the Civil Partner Visa category are on a five year route to settlement. This means that after two grants of 30 months, they are eligible for Indefinite Leave to Remain.

Some people are on a ten year route to settlement, and they will need to have four grants of leave. If, after you enter the UK you switch from the five year route to the ten year route, then you can count both grants of leave towards the period you need for the ten year route.

Once you have obtained Indefinite Leave to Remain in the UK, if you are married to a British national you can immediately apply to Naturalise as a British Citizen. If you are not married to a British national, you will need to wait a period of 12 months before you can apply.

What if My Proposed Civil Partner Visa Application Is Refused?

If your application is refused then you should have a right of appeal. This is because a proposed civil partner application is automatically deemed a human rights claim. 

The appeal will be heard at the First-tier Tribunal (Immigration and Asylum Chamber) in the UK. 

If you are in the UK, you and your proposed civil partner will be able to attend and give evidence before the Judge. 

If you are outside of the UK, your proposed civil partner will be able to attend, but you can write a statement and provide evidence for the Tribunal to consider. Arrangements may be made for you to give evidence remotely if this is appropriate in your case.  

Immigration appeal proceedings can take many months to be determined and the outcome may be uncertain.  Again, we recommend seeking legal advice and representation from a specialist immigration lawyer before appealing against a decision to refuse a visa application.

What if I Cannot Satisfy the Requirements for a UK Proposed Civil Partner Visa?

If you are not able to satisfy the requirements for a UK Proposed Civil Partner Visa you may still be able to enter or remain in the UK on human rights grounds if, for example:

• You have a child in the UK who is a British or Irish citizen;
• You have a child in the UK who has lived in the UK for at least 7 years and it would be unreasonable for them to leave the UK;
• There would be very significant difficulties for you and your proposed civil partner that could not be overcome if you lived together as a couple outside the UK;
• It would otherwise breach your human rights to prevent you from coming to the UK or to make you leave the UK.

• Exceptional Circumstances in Appendix FM Family Visa Applications
• Exceptions to Appendix FM Partner & Parent Visa Requirements

How Our Immigration Barristers Can Help

Our immigration barristers regularly assist foreign national proposed civil partners to relocate to, and settle in, the UK with their partners.  We have assisted scores of foreign national proposed civil partners to prepare and submit successful UK Proposed Civil Partner Visa applications.

Whether you require expert advice on the requirements of the Immigration Rules, an independent assessment of your prospects of qualifying for a Proposed Civil Partner Visa or professional assistance with preparing a Proposed Civil Partner Visa application, our immigration barristers can help.

The financial requirement rules are particularly complex and include mandatory requirements in terms of the documentary evidence that must be provided to UK Visas and Immigration in order to demonstrate access to the relevant funds. Our immigration barristers specialise in assisting applicants with complex financial circumstances to secure successful outcomes in their Proposed Civil Partner Visa applications.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team of immigration barristers, dedicated to providing clear and reliable immigration advice to individuals applying for a UK Proposed Civil Partner Visa as part of a professional and friendly service.