The Proposed Civil Partner Visa in the UK caters to those engaged to British or Irish citizens, individuals who have settled in the UK, those with pre-settled status, holders of the Turkish Businessperson or Turkish Worker visa, and individuals with refugee or humanitarian protection status. The purpose is to allow these individuals to enter into a civil partnership within the UK six months post-arrival. However, applications must be initiated from outside the UK.

While this visa doesn’t provide immediate settlement, post-civil partnership registration enables the holder to apply for an extension under the Civil Partner visa route. After a span of five years, it’s possible to gain indefinite leave or achieve settlement status in the UK.

Criteria for the UK Prospective Civil Partnership Visa

To qualify for this visa, UK Visas and Immigration necessitates:

1. Your partner should either be British or Irish, settled in the UK, possess pre-settled status, hold a Turkish Businessperson or Turkish Worker visa, or have refugee or humanitarian protection.
2. Both applicants must be aged 18 or over.
3. The couple should have met face-to-face.
4. The relationship should be genuine and ongoing.
5. The intention should be to register a civil partnership within six months of arriving in the UK.
6. Past relationships should have concluded permanently.
7. Plans to cohabitate in the UK on a permanent basis.
8. Sufficient maintenance without depending on public funds.
9. Appropriate accommodation for all parties involved.
10. Proficient English skills, both spoken and understood.

Individual requirements may vary based on specific circumstances. It’s advisable to consult an immigration attorney for precise guidance.

For an in-depth discussion about the Proposed Civil Partner Visa in the UK, please contact our team of experts at Highwood Solicitors on +44 (0) 1206523714 or use the enquiry form provided.

Detailed Insights on the UK Prospective Civil Partnership Visa

Status of Sponsoring Partner:
The sponsoring partner should either be a UK resident British or Irish citizen, have indefinite leave to remain or settled status, possess pre-settled status under Appendix EU, have limited leave as a Turkish Businessperson or Worker under Appendix ECAA, or hold refugee or humanitarian protection status.

Age Criterion:
At the time of application, both partners must be at least 18.

Relationship Specifications for the UK Proposed Civil Partner Visa:
Both partners mustn’t be related within the prohibited degree as detailed in relevant UK acts. They should have met in person, be in a genuine ongoing relationship, and have plans to register a civil partnership in the UK within six months of arriving. All past relationships must have permanently concluded, and the partners should intend to permanently reside together in the UK.

For the relationship to qualify as genuine and ongoing, the Home Office evaluates factors such as the relationship duration, cohabitation history, shared responsibilities, financial links, visits to each other’s home nations, and solid plans for UK living. If there’s doubt, further investigations, including interviews or home visits, might be initiated.

For comprehensive understanding and the best way forward, Highwood Solicitors strongly recommends seeking expert guidance.

Documentary Proof for an Authentic Ongoing Relationship

To ascertain a genuine and enduring relationship, the Home Office mandates comprehensive evidence. This includes regular contact records, demonstrations of affection, companionship, emotional support, and an unwavering interest in each other’s welfare and wellbeing.

Evidence of cohabitation is paramount. Documents should ideally be jointly named after you and your prospective civil partner. However, if such documents are unavailable, those addressed separately but showcasing the same residence are acceptable. Preferably, these documents should span the last few years, emanating from a mix of sources. Although official documents carry weight, alternative documents, if unable to furnish official ones, may also be considered.

In cases where cohabitation isn’t evidenced or has been brief, unofficial proof of relationship can also be taken into account.

The Home Office emphasises the need for considerable proof to confirm the relationship’s genuine and ongoing nature. If suspicions arise, further probes, interviews, or home visits might be conducted. Grounded suspicions of a relationship that’s not genuine or ongoing can result in visa application denial.

At Highwood Solicitors, our experienced immigration solicitor provide tailored advice to Proposed Civil Partner Visa aspirants. Instead of relying on generic document checklists, we evaluate each client’s unique circumstances to suggest the necessary documentation that showcases a genuine and enduring relationship.

Defining an Authentic Ongoing Relationship

Genuine and Subsisting Relationship Requirement:

This signifies that the relationship should be rooted in genuine affection, shared values, and continue at the time of application. It’s not merely about meeting the technicalities but reflecting a genuine bond between partners.

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

Applicants should aim to enter the UK, specifically to formalize their civil partnership. Given that the Proposed Civil Partner Visa holds a 6-month validity, it’s essential to convince the Home Office of your intentions to register the civil partnership within this timeframe. Typically, the Home Office seeks evidence that displays planning or arrangements pertaining to the civil partnership ceremony.

Previous Relationship Broken Down Permanently

To qualify for a UK Proposed Civil Partner Visa, both you and your prospective civil partner must not be in a marriage or civil partnership with someone else at the time of your application. It’s imperative that both parties are free to engage in a new civil partnership.

If either party had previously been married or had a civil partnership, they must provide evidence to the Home Office that they are either divorced, had their civil partnership dissolved, or are widowed.

This evidence must align with the stipulations of the Immigration Rules.

If a past marriage or civil partnership has not been legally dissolved, the possibility of acquiring an Unmarried Partner Visa still exists. Evidence must be furnished, proving the genuine nature of the new relationship and the permanent breakdown of the prior relationship.

Documentary Proof for an Authentic Ongoing Relationship

To be deemed eligible for the Proposed Civil Partner Visa, UK Visas & Immigration must be convinced that you and your potential civil partner plan on cohabiting permanently in the UK.

This means you both need to have a solid commitment to residing together in the UK either immediately after the visa is granted or as soon as situations allow.

For future applications involving extensions or indefinite leave to remain under the civil partner category, the Home Office expects minimal time spent abroad. Valid reasons for such absences can encompass work-related travel, holidays, training, or academic pursuits.

Excessive time spent overseas might cause the Home Office to question your intentions. They will evaluate travel reasons, durations of absence, and whether both partners were together during these periods.

UK Proposed Civil Partner Visa Financial Requirement

Ensuring that you’re financially stable and won’t rely on public funds is crucial. The financial requirement for the Proposed Civil Partner Visa mandates a gross annual income of:

• £18,600; plus
• £3,800 for a first child (excluding those who are British, have indefinite leave, pre-settled or settled status, or are EEA nationals with residency rights in the UK); and
• £2,400 for every additional child (under similar conditions).

Exceptions are in place if the proposed civil partner receives specific state benefits. In such cases, the criterion is that the sponsor can ‘adequately maintain and accommodate’ the family member they’re sponsoring.

This financial threshold needs to be met during the initial application, any extensions, and applications for indefinite leave to remain as a civil partner.

Due to the intricate nature of the Immigration Rules pertaining to the financial requirements, ensuring all mandatory documentation is provided is crucial. Failing to meet these guidelines is a prevalent reason for Proposed Civil Partner Visa rejections.

Meeting the Financial Criteria

To meet the UK Proposed Civil Partner Visa financial requirements, applicants can rely on various sources, such as:

1. Income from the salaried or non-salaried employment of the proposed civil partner (or the applicant if they have UK work permission).
2. Non-employment income, like property rental income or dividends from shares.
3. Cash savings above £16,000 held for at least 6 months by either partner.
4. Pensions, whether state, occupational, or private.
5. Income from self-employment or from being a director or employee of a specific UK limited company.

In some cases, combining multiple income sources to satisfy the financial requirement is feasible. If the proposed civil partner receives specific state benefits, different criteria apply. The amount of cash savings required also varies depending on the application’s stage.

Given the financial requirement’s complexity, it’s advisable to ensure all mandatory documentation is provided. Failure to do so is a common cause of visa rejections.

Accommodation Guidelines

Applicants must provide evidence of adequate and exclusive accommodation without resorting to public funds. This includes providing details about property ownership or occupancy rights and ensuring the housing doesn’t violate any public health regulations.

Language Proficiency Criteria

Applicants must prove their English proficiency, either by being a national of a majority English-speaking country, passing an approved English language test, or having certain academic qualifications taught in English. Some exceptions to this rule exist based on age, disability, or other exceptional circumstances.

Documentation Checklist

A frequent reason for visa denials is the lack of sufficient documentary evidence. The requirements vary significantly per case, and using generic document checklists can be misleading. It’s imperative to ensure that all necessary documentation, tailored to individual circumstances, is provided to meet the Immigration Rules.

Application Fee Breakdown

The current fee for applications from outside the UK is £1,523. For applications to switch or extend from within the UK, the fee is £1,033.

Processing Duration and Wait Times

The standard processing time for applications from outside the UK is around 3 months. However, recent updates suggest a timeline of 60 working days. Super Priority Service is unavailable for new applications from outside the UK, but some exceptions are in the pipeline.

Validity Period

Upon approval, the visa is valid for an initial period of 6 months. After the civil partnership registration, you can apply to switch into the Civil Partner category from within the UK.

Employment Terms

Holders of a Proposed Civil Partner Visa aren’t allowed to work in the UK.

For a comprehensive discussion about your UK Proposed Civil Partner Visa application, get in touch with our expert immigration solicitors at Highwood Solicitors on +44 (0) 1206523714 or complete our inquiry form.