Information bank

Civil partners and unmarried partners immigration rules

By Sebastian Rocca
UK Lesbian and Gay Immigration Group

Civil Partners

On 18th November 2004 the Civil Partnership Act 2004 received Royal Assent. UKLGIG was actively involved in discussions to ensure that immigration issues were properly catered for when the Act came into force on 5th December 2005.

It is possible for an application to be made by an overseas national for the right to enter or remain in the UK on the basis of a civil partnership.

In the immigration rules relating to civil partners, there is no prior cohabitation requirement (this only applies to unmarried partners). It is, however, necessary to prove that the relationship is genuine and subsisting and that there are adequate resources to maintain and accommodate the foreign national.

Please note that the unmarried partners rule, requiring two years prior cohabitation remains open to those individuals not wishing to register as civil partners. Civil partnership is a very big step with many implications for a couple well beyond those of immigration. In fact the dissolution of a registered relationship, following its breakdown, is dealt with in an almost identical way to divorce, with the associated financial and other consequences. It is vital, therefore, that couples fully consider all aspects involved in the civil registration of their relationship before proceeding.

For the partners of EEA nationals and non permanent residents there are different rules and procedures.

Any individual wishing to enter a civil partnership but who has breached the conditions of their stay, or a previous stay in the UK, or who is found to have entered the UK illegally should seek expert legal advice immediately.

For more information please visit: http://www.uklgig.org.uk/partnership.htm

Unmarried Partners

This Immigration Rule allows an overseas national to enter or remain in the UK as the unmarried partner of a person living here if three main requirements are met:

There must be in existence a relationship akin to marriage which has subsisted for two years or more (this is interpreted by the Home Office to mean, have lived together for two years or more)
any previous or similar relationship by either partner must have permanently broken down and;
the couple must intend to live together permanently.

The Rule applies to partners of British citizens or non-British citizens who have settled status in the UK (otherwise known as permanent residency or indefinite leave to remain). It also applies to the partners of citizens from European Union countries who are for the time being living in the UK and to the partners of non-European Union citizens who are coming to the UK for a temporary purpose, which could lead to settlement.

For more information please visit: http://www.uklgig.org.uk/uprule.htm