Same sex partners under the Immigration rules are “two persons living together in a relationship akin to civil partnership which has subsisted for two years or more”.
The UK same sex partner visa is available to applicants who wish to join their British or settled partner here in the United Kingdom. If you are not sure whether you are eligible for the visa please see information below or contact our Immigration lawyers to assess your personal situation.
If the individual is outside the UK and wishes to apply for a UK same sex partner visa, an entry clearance application should be submitted to the British High Commission/Embassy/Consulate in the country of nationality or country of origin of the applicant. If you are already in the UK and your current visa is issued for longer than six months, you can switch into UK same sex partner visa from inside the UK by submitting your application to the Home Office, UKBA.
The Immigration Rules for an application for Indefinite leave to remain (ILR) as a UK same sex partner visa of a person present and settled in the UK have been changed from 9 July 2012. If your UK same sex partner visa was granted before 9 July 2012, your application for ILR can be made to the Home Office, UKBA on the completion of two years. If your initial entry clearance or leave to remain as an same sex partner under the Immigration Rules were granted on or after 9 July 2012, you will have to complete 5 years residence in the UK under UK same sex partner visa before you submit your application for ILR to the Home Office, UKBA.
The following immigration applications which can be made to the Home Office, UKBA as a UK same sex partner visa of a British Citizen or a person present present and settled in the UK:
- Entry Clearance as a Same Sex Partner
- Switching Into Same Sex Partner Visa
- Extension Of Stay As a Same Sex Partner
- ILR as a Same Sex Partner
Basic Requirements –UK same sex partner Visa
- All applicants must be 18 years old or over
- Relationship as a same sex partner of a person present and settled in the UK must be genuine and subsisting
- Financial requirement must be met. The UK same sex partner of the applicant must be earning at least £18,600 gross per year or savings of £62,500 if the UK same sex partner of the applicant has no earnings from employment, self-employment or other means of income, or receiving income from pension and/or a property portfolio
- English language requirement must be met, the applicant has to show knowledge of English language at CEFR level A1 according to the UK Immigration Rules. If the applicant is a national from a majority English speaking country he/she may be exempted from the English Language requirement
- The Immigration health Surcharge must be paid
- Nationals from certain countries are required to pass a Tuberculosis Test
- An adequate accommodation must be arranged for the applicant and the UK same sex partner has to be accommodated in the UK without recourse to public fun
Exemption From Financial Requirement
The applicant will be exempt from meeting the financial requirement of £18,600 or above if the applicant’s partner is receiving one or more of the following –
- disability living allowance;
- severe disablement allowance;
- industrial injury disablement benefit;
- attendance allowance; or
- carer’s allowance; and
Where the applicant is exempt from meeting the financial requirement, the applicant must provide specified evidence that his/her partner is able to maintain and accommodate himself/herself, the applicant and any dependants adequately in the UK without recourse to public funds.
Adequate Accommodation Requirement
The adequate accommodation will not be regarded as adequate if-
- it is, or will be, overcrowded; or
- it contravenes public health regulations.
If the applicant meets the requirements for entry clearance as a same sex partner the applicant will be granted entry clearance for an initial period not exceeding 33 months, and subject to a condition of no recourse to public funds.
UK same sex partner visa extension
You may extend this visa for a further term of 30 months providing you can show your relationship is genuine and subsisting and you continue meeting the financial requirement.
The Home Office changed the Immigration Rules whereby those applicants whose leave to remain as a partner is expiring on or after 1 May 2017 will have to meet the English language requirement at level A2 of the CEFR at the time of making an application for renewal of their visa.
UK same sex partner visa route leads to settlement (ILR).
The immigration lawyers at LawPark are experts in dealing with application for a UK same sex partner visa. If you need legal help from immigration lawyers in London to prepare and submit your application for a UK same sex partner visa and we are here to provide you friendly, reliable, efficient and professional immigration service.
In the event that our team of professionals works with you and your application for a UK same sex partner visa, you can expect to enjoy the following services:
- Our immigration specialists will provide you with detailed instructions in regards to immigration regulations as well as the specific procedures required by the Home Office and the UKBA that are relevant to your case.
- Our immigration lawyers will answer any questions about your case while identifying its benefits and drawbacks.
- Our immigration lawyers will explain all documentation that needs to be submitted alongside your application for a UK same sex partner visa.
- Our immigration lawyers will examine these documents and discuss how they are relevant to your case.
- Our team of immigration lawyers will complete the application forms and answer any questions that you may have.
- If needed, our immigration lawyers will prepare a sponsorship declaration and explain the process in detail.
- Our lawyers will draft a cover letter that will support and submit the application for a UK same sex partner visa.
- Our team of immigration lawyers will communicate with the UKBA and the Home Office to ensure a quick decision in regards to your application for a UK same sex partner visa.
- Your interests will be protected when working with our immigration lawyers during the entire process. We will keep you informed while the application is pending with the Home Office.