Same-sex partners under the Immigration rules are "two persons living together

Same-sex partners under the Immigration rules are “two persons living together in a relationship akin to a 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.  Please see the information below. Also, contact our Immigration lawyers to assess your situation if you are not sure whether you are eligible for the visa.

The individual is outside the UK and wishes to apply for a UK same-sex partner visa. Then he/she should submit an entry clearance application to the British High Commission/Embassy/Consulate in the country of nationality or country of origin of the applicant. You may be already in the UK, and you have your current visa for longer than six months. Then you can switch into UK same-sex partner visa from inside the UK. For that, you need to submit your application to the Home Office, UKBA.


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The Immigration Rules

The Immigration Rules for an application for Indefinite leave to remain (ILR) as a UK similar sex partner visa of a person present and settled in the UK have been changed from 9 July 2012. You may have received your UK same-sex partner visa before 9 July 2012. Then you can make your application for ILR to the Home Office, UKBA on the completion of two years. You may get a grant of initial entry clearance or leave to remain as a same-sex partner under the Immigration Rules on or after 9 July 2012. Then you would have to complete five years residence in the UK under UK similar sex partner visa before you submit your application for ILR to the Home Office, UKBA.

The list of immigration applications which you can make to the Home Office, UKBA as a UK same-sex partner visa of a British Citizen or a person 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 similar sex partner of a person presents and settled in the UK must be genuine and subsisting.
  • An applicant must meet the financial requirement. The UK same-sex partner of the applicant must be earning at least £18,600 gross per year or savings of £62,500. It is necessary 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 a pension, a property portfolio, or both.
  • An applicant must meet the English language requirement. He/she has to show knowledge of the English language at CEFR level A1 according to the UK Immigration Rules. The applicant may be a national from a majority English speaking country. Then, he/she may be exempted from the English Language requirement.
  • An applicant must pay the Immigration Health Surcharge.
  • Nationals from certain countries are required to pass a Tuberculosis Test.
  • An applicant must have adequate accommodation. The UK same-sex partner also has to have a place to stay in the UK without recourse to public funds.

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 –

  1. Disability living allowance;
  2. severe disablement allowance;
  3. industrial injury disablement benefit;
  4. attendance allowance; or
  5. carer’s allowance; and

The applicant may be exempt from meeting the financial requirement. Then, the applicant must provide detailed evidence that his/her partner can maintain and accommodate himself/herself, the applicant and any dependants adequately in the UK without recourse to public funds.

Adequate accommodation requirement

The proper accommodation will not be regarded as appropriate if:

  • it is, or will be, overcrowded; or
  • it contravenes public health regulations.

The applicant may meet the requirements for entry clearance as a same-sex partner. Then he/she will receive entry clearance for an initial period not exceeding 33 months. That entry clearance is 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. But you have to prove your relationship is genuine and subsisting, and you continue meeting the financial requirement.

The Home Office changed the Immigration Rules. Because of that, 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.

The immigration lawyers at LawPark are experts in dealing with the application for a UK same-sex partner visa. You may need legal help from immigration lawyers in London to prepare and submit your request for a UK same-sex partner visa. So we are here to provide you friendly, reliable, efficient and professional immigration service.

UK same-sex partner visa route leads to settlement (ILR).

Our team of professionals would work with you and your application for a UK same-sex partner visa. So, 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.
  • A member of our team will answer any questions about your case while identifying its benefits and drawbacks.
  • Our immigration lawyers will explain all documentation that you need to submit alongside your application for a UK same-sex partner visa.
  • One of 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.
  • We will protect your interests during the entire process. You may ask us for an update while the application is pending with the Home Office.
  • 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.