The UK Civil Partner visa category allows same sex relationship partners of British citizens, persons with indefinite leave to remain or with Settled Status in the UK to join their partner (Sponsor) to the United Kingdom. The Immigration rules also permit under Appendix EU for the applicant’s to join their partner who has limited leave to remain in the UK.
What are the legal requirements for a UK Civil Partner visa application?
In order to qualify for a UK Civil Partner visa you will need to satisfy UK Visas and Immigration that you meet the following requirements:
- Your partner is British, holds indefinite leave to remain, limited leave to remain under Appendix EU or limited leave to remain under Appendix ECAA;
- You are both over the age of 18
- You have met in person and are legally in a civil partnership;
- Your relationship is genuine and you intend to live together permanently;
- Any previous relationships have broken down permanently;
- 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 to meet the English language requirement
- You have a valid TB certificate if applicable and
- You can meet the minimum income threshold financial requirement of £29,000 to demonstrate you will not have recourse to public funds.
Get in touch on 02037 324 736 or use our online contact form to speak to our immigration lawyers team about your Civil Partnership Visa application. One of our expert immigration lawyers would be happy to assist with advice and visa application process and procedure, or appeal service for an successful outcome. We have a highly success rate in our clients become a spouse visa holders.
The initial application process involves an online out of country application and attending a visa application centre overseas, where you will be required to submit all of your documents as part of the application process. You can choose to pay additional costs for a quick decision to be made via using the priority service or premium service. If your application is successful you will be issued with a biometric residence permit. The Civil Partnership visa is similar to a UK Spouse visa application.
Financial Requirement for a UK Civil Partner Visa Application:
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 on the application form.
The financial requirement for a UK Civil Partner visa application states that you will need to demonstrate that your Civil Partner has a gross annual income of at least:
- £29,000; plus
- £3,800 for a first child (who is not British, settled or an EEA national); plus
- £2,400 for each additional child (who is not British, settled or an EEA national).
What are the ways of meeting the UK Civil Partnership Visa Financial requirement?
There are a number of ways of meeting the financial requirement:
- Salaried and non-salaried income, Self-employed income, Salary and/or dividends from a company of which you are a Director, Property rental income, dividends and income from investments, stocks, shares, bonds or trust funds, pension income, insurance payments, maintenance payments and cash savings above £16,000 that have been held for at least six months, unless you can demonstrate that they have come from the sale of property or investments within the last 6 months.
You may still be able to meet the requirement if you are not working or are on benefits or have sufficient savings to satisfy the financial requirements. If your UK Sponsor – husband or wife is in receipt of the following specified benefits, you will need to fulfil the financial requirement of £29,000
- Disability Living Allowance
- Severe Disablement Allowance
- Carer’s Allowance
- Attendance Allowance
- Personal Independence Payment
- Industrial Injuries Disablement benefit
- Police Injury Pension
- Armed Forces Independence Payment or Guaranteed Income Payment under Armed Forces Compensation Scheme
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under War Pensions Scheme
What is the ‘adequate maintenance’ test & requirement?
The adequate maintenance test/requirement will require you and your partner to prove that the level of income available to your family unit (after income tax, National Insurance contributions and housing costs have been deducted), is equal or exceeds the level of Income Support an equivalent British family of your size is eligible for.
This is subject to the following adequate maintenance calculation:
The adequate maintenance calculation
A – B ≥ C
(A minus B is greater than or equal to C)
A is the net income (after deduction of income tax and National Insurance contributions);
B is housing costs (what needs to be spent on accommodation)
C is the amount of Income support an equivalent family unit can receive in the UK.
How much is the Civil Partnership visa application fee?
The Home Office application fee for a UK Spouse visa application submitted outside the UK is currently £1,523. The Home Office application fee to switch into the Spouse category from within the UK or extend stay as a Spouse is currently £1,033. There are also additional fees applicable to book an appointment at the visa application centre and delivery courier services fees for the return and/or collection of your passport. These varies upon the home country you are applying from.
Do I need to pay the UK NHS Charge?
All applicant (s) need to pay the UK NHS Surcharge, which is a separate fee from the mandatory Civil Partnership visa application fee. The Immigration Health Surcharge (IHS) covers the initial period of the length of the visa, which is 2.5 years. A separate fee is applicable for each dependant. The Immigration Health Surcharge fee is currently £1,035 for each person applying, which includes dependant children. The NHS charge will cover a period of 33 months. This fee must be paid otherwise your application will not be processed and will be rejected.
How long does the Process Take?
Once your application has been received, UKVI will process it, and assess whether you meet all the requirements. Once the assessing official has made a decision on your case, they will get back to you with a decision. This whole process can take a while, especially if there is something especially complex about your case and/or you apply with dependents.
On average it can take between 6-8 weeks for an Entry Clearance Officer (ECO) to consider your application and go through your documents to issue you a UK Civil Partnership visa. In some cases it can take a lot quicker depending on the case worker at the respective British High Commission, Embassy or Consulate.
If you require a faster visa processing timeline, most visa application centres outside the UK offer a Settlement Priority Visa Service. This will ensure that your UK Civil Partner visa application is placed at the front of the queue at every stage of the decision-making process. The visa processing time for a UK Civil Partner visa submitted via the Settlement Priority Visa Service is normally not more than 30 working days. A well prepared visa application may result in a quicker processing time.
Civil Partner Visa Validity Period?
You will initially be granted a 1 month’s visa, which will be endorsed into your passport in order to allow you to enter the UK, within this 1 month’s grace period. After your arrival to the UK, you will be required to collect your Biometric Residence Card at your local UK Post Office. Your BPR Card will confirm your Spouse visa status and will be issued for 2.5 years or 30 months
If you apply to switch into or extend your stay as a Civil Partner from within the UK, you will be able to choose from two processing timelines. If you apply via the Standard Service, your in-country application will normally be decided within 8 weeks. If you apply via the Super Priority Service, you should normally receive a decision on the next working day after providing your biometric information.
If your application for a UK Civil Partner visa is successful, your visa will be valid for 2.5 years. If you apply for leave to remain in the UK as a Civil Partner then you will be granted leave valid for 30 months.
Before your initial grant of leave expires, you will need to apply to UK Visas and Immigration to extend your stay. If your application for further leave to remain as a Civil Partner is successful then you will be granted further leave to remain for a period of 30 months. 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.
Can a Civil Partner visa holder work in the UK?
Civil Partner visa holders have a full right to work and study in the UK.
Can I renew or extend a UK Civil Partnership Visa?
You can renew and extend your Spouse visa for another 2.5 years in the UK. Upon living in the UK for a total of 5 years into this category you can apply for indefinite leave to remain in the UK.
Meeting the financial requirement under Appendix FM with children?
The financial requirement for a UK Civil Partner visa application states that you will need to demonstrate that your Civil Partner has a gross annual income of at least:
- £29,000; plus
- £3,800 for a first child (who is not British, settled or an EEA national); plus
- £2,400 for each additional child (who is not British, settled or an EEA national).
Unable to satisfy the requirements for a UK Civil Partner visa?
If you are not able to satisfy certain of the requirements for a UK Civil Partner visa, you may still be able to apply to join or remain with your partner on Human Rights grounds if you can demonstrate that there would be very significant difficulties in your relationship continuing outside the UK.
What happens if my application is refused?
We have years of experience and our immigration solicitors are here to help you with appealing against the decision to refused and will conduct a full assessment of the prospects of success or advice you submit a new application. There are several categories that may apply and there are specified documents that will need to be provided in order to satisfy the Spouse visa requirements, depending on your circumstances for a successful application.
If your application is unsuccessful and has been refused by an Entry Clearance Officer (ECO), you will be given an out of country right of appeal to challenge and lodge an appeal against the decision within 28 days to refuse your application for Spouse visa to the UK, to the First tier Tribunal. There is a court lodgement fee of £140 payable to HMCTS for the case to be brought before an Immigration Judge ‘IJ’ to consider the appeal.
If your application is refused, you can either lodge an appeal or submit a fresh application to address the ECO concerns raised in the refusal letter. If you decide to apply and submit a fresh or new application, you will again be subject to paying for the visa fees and once again the Immigration Health Surcharge, NHS charge.
How our immigration lawyers can help?
We here at My Legal Services can help you along every step of the way from start to finish, even to refusals and appeals.
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 complicated financial circumstances to secure successful outcomes in their 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 family members as part of a professional and friendly service.
Whether you require expert advice on the requirements of the Immigration Rules, an independent assessment of your prospects of qualifying for a visa or professional assistance with preparing an immigration application, our immigration lawyers are here to help.
Get in touch on 02037 324 736 or use our online contact form to speak to our team about your Spouse Leave To Remain in the UK application.