Overseas Marriages & Civil Partnerships in UK Visa Applications
In This Article
For those applying for entry clearance or leave to remain in the UK as a partner under Appendix FM of the Immigration Rules, the applicant is required to satisfy the relationship requirements. There are different relationship requirements depending on whether the applicant is a spouse, civil partner, fiance or proposed civil partner or unmarried partner. In this article we consider what is required for those applying as a spouse or civil partner under Appendix FM, where the marriage or civil partnership has taken place overseas.
1. Validity of Overseas Marriages and Civil Partnerships for UK Visas
Paragraph E-ECP.2.7. of Appendix FM to the Immigration Rules states:
‘If the applicant and partner are married or in a civil partnership it must be a valid marriage or civil partnership, as specified.’
The guidance Family Policy: Partners, divorce and dissolution, Version 5.0, published for Home Office on 28 March 2025, sets out where a marriage or civil partnership which has taken place overseas will be recognised in the UK on page 8:
- the type of marriage or civil partnership is recognised in the country in which it took place;
- the marriage or civil partnership was properly conducted to satisfy the requirements of the law of the country in which it took place;
- there is nothing in the laws of either person’s country of domicile at the time of the marriage or civil partnership which prevents the marriage or civil partnership being recognised;
- any previous marriages or civil partnerships of the couple have broken down permanently.
2. Are Overseas Marriages Recognised for a UK Spouse Visa?
The guidance confirms that there may be further investigation into whether a marriage is valid for immigration purposes in certain circumstances e.g. if “it was a religious or a customary marriage which has not been registered with the civil authorities of the country in which it was celebrated”.
There is a non-exhaustive list of examples where marriages and civil partnerships may be investigated on pages 17 – 19 of the guidance. These investigations are designed to ensure that only legally valid marriages are relied on in UK spouse visa applications.
3. Recognition of Overseas Civil Partnerships for UK Visa Applications
From 31 December 2019, it became possible for both same-sex and heterosexual couples to enter into a civil partnership in the UK. The Civil Partnership Act 2004, which was amended by the The Civil Partnership (Opposite-sex Couples) Regulations 2019, has now removed the same-sex requirement in Section 216.
Section 213 of the Civil Partnership Act 2004 as amended confirms that an overseas civil partnership will be recognised if the relationship meets the requirements in Schedule 20 of the Act. Parts 1 and 2 of Schedule 20 sets which relationships in different countries and territories will be recognised as a civil partnership in the UK.
4. Evidence Required for Overseas Marriages and Civil Partnerships
The evidence which must be provided to demonstrate an overseas marriage of civil partnership is set out in Appendix FM-SE of the Immigration Rules. The relevant provision states as follows:
‘Evidence of Marriage or Civil Partnerships
22. A marriage in the United Kingdom must be evidenced by a valid marriage certificate recognised under the laws of England and Wales, Scotland or Northern Ireland.
23. (a) A divorce in England and Wales must be evidenced by either a decree absolute or a final order.
- (b) A divorce in Scotland must be evidenced by a decree of divorce.
- (c) A divorce in Northern Ireland must be evidenced by a decree absolute.
24. A civil partnership in the United Kingdom must be evidenced by a civil partnership certificate.
25. The dissolution of a civil partnership in the UK must be evidenced by a final order of civil partnership dissolution from a civil court.
26. Marriages, civil partnerships or evidence of divorce or dissolution from outside the UK must be evidenced by a reasonable equivalent to the evidence detailed in paragraphs 22 to 25, valid under the law in force in the relevant country.’
For a UK spouse visa or civil partner visa application, it is essential to provide documentation that clearly demonstrates the validity and recognition of the overseas marriage or civil partnership.
5. Contact Our Immigration Barristers
The recognition of an overseas marriage or civil partnership is fundamental to the success of a UK spouse or civil partner visa application. If the marriage or civil partnership is not recognised, the application will not meet the relationship requirements under Appendix FM and is likely to be refused.
For expert advice and assistance with an application for a UK Spouse visa or Civil Partnership visa following an overseas marriage or civil partnership, contact our Immigration Barristers on 0203 617 9173 or complete our enquiry form below.
Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.
