Proposed Civil Partner Visa UK
If you are the proposed civil partner of a British citizen, is present and settled in the UK, holds Indefinite Leave to Remain (ILR), has pre-settled status as an EU national, is a refugee or holds humanitarian protection, or holds a Turkish Businessperson or Worker visa, you may be eligible to apply for a proposed civil partner visa for the UK. This application must be made from outside the UK and adheres to the requirements set out in Appendix FM of the Immigration Rules.
Benefits of a Proposed Civil Partner Visa
Upon a successful application, you will receive entry clearance for six months. This period allows you to enter the UK to register your marriage or civil partnership with your UK partner. After registration, you can switch from a proposed civil partner visa to a civil partner visa or spouse visa from within the UK.
Free Immigration Advice for Proposed Civil Partner Visa UK
At Aden & Co Solicitors, our dedicated team of family visa specialists offers complimentary online immigration advice regarding your proposed civil partner visa application from outside the UK. You can ask a question or book an appointment online for in-depth advice from our experienced family visa solicitors.
To receive free advice, please provide the following details:
Specialist Immigration Solicitors for Proposed Civil Partner Visa UK
Aden & Co Solicitors excels in handling proposed civil partner visa entry clearance applications. Our expert family visa solicitors offer fast-track visa services to expedite decisions on your proposed civil partner visa application. With a proven track record of successfully assisting thousands of clients through the Priority Service, our team provides swift, friendly, and reliable immigration services. We offer fixed-fee services to ensure transparency and affordability throughout your application process.
For fast, reliable, and expert advice on your proposed civil partner visa, trust Aden & Co Solicitors to guide you every step of the way.
“Aden & Co Solicitors are renowned for their exceptional expertise in UK immigration law. Our distinguished team of fully qualified and experienced immigration solicitors delivers unparalleled legal services, as evidenced by our outstanding 5-star Google Reviews rating from 99% of our clients. Our commitment to excellence in handling UK visa and immigration matters is reflected in our clients’ high satisfaction and trust.“
How Much Does the Proposed Civil Partner Visa UK Cost?
When applying for a proposed civil partner visa from outside the UK, there are two main types of costs to consider:
Aden & Co Solicitors’ Fixed Fees
Our fixed fees for processing your proposed civil partner visa entry clearance application range from £1,000 to £1,500 (VAT not applicable). The exact fee depends on the complexity of your case and the amount of work required. You will be required to make an initial payment of 50% of the agreed fee when we commence work on your application. The remaining balance is payable once we have fully prepared your application and it is ready for submission.
UKVI Fees for Your Entry Clearance Application
In addition to our fixed fee, you must pay the Home Office UKVI fee for your visa application, which is £1,846. For expedited processing within 30 working days, you can opt for the Priority Service by paying an additional £500.
How to Apply for a Proposed Civil Partner Visa Entry Clearance?
Follow these steps to apply for a proposed civil partner visa to the UK:
- Complete the Online Application Form: Fill out the proposed civil partner visa application form on the UKVI website.
- Submit Your Application: Pay the application fee online as part of your visa application process. Note that the Immigration Health Surcharge (IHS) is not required for the proposed civil partner visa.
- Book a Biometrics Appointment: Schedule an appointment with a UK visa application centre to provide your biometric data and submit your passport.
- Upload Supporting Documents: Before your biometrics appointment, upload all necessary supporting documents in PDF format online to support your visa application.
- Await the Decision: Your visa decision will be made within 30 working days if you use the Priority Service, or within 60 working days if you choose the standard service.
Requirements for the Proposed Civil Partner Visa UK?
To qualify for a proposed civil partner visa, you must meet the following requirements:
- Valid Application: Submit a valid application in accordance with Appendix FM of the Immigration Rules.
- Relationship Requirement: You must be the proposed civil partner of a British citizen, is present and settled in the UK, holds Indefinite Leave to Remain (ILR), has pre-settled status as an EU national, is a refugee or holds humanitarian protection, or holds a Turkish Businessperson or Worker visa. Provide evidence that your relationship is genuine and subsisting.
- Age Requirement: Both you and your UK partner must be at least 18 years old.
- Intention to Marry or Register a Civil Partnership: Demonstrate your intention to marry or register a civil partnership with your UK partner upon arrival in the UK.
- Suitability Requirement: Meet the suitability criteria outlined in Appendix FM to the Immigration Rules.
- Financial Requirement: Meet the financial requirement through:
- The applicant’s proposed civil partner must show that he/she has a gross annual income of at least £29,000. The income can be from employment, self-employment or other lawful source of income.
- The financial requirement can also be met if the applicant or his/her proposed civil partner or both of them jointly have savings of £88,500 which must have been in held in their bank account for at least 6 months before the date of the application.
- In cases where the applicant has children, there will no longer be an additional income requirement.
- Some applicants are exempt from meeting the financial requirement of £29,000 or above if the applicant’s proposed civil partner is receiving disability living allowance or severe disablement allowance or industrial injury disablement benefit or attendance allowance or carer’s allowance. In this case, the applicant still needs to provide evidence with his/her proposed civil partner visa application that his/her partner is able to maintain and accommodate himself/herself, the applicant and any dependants adequately in the UK without any additional recourse to public funds.
- Accommodation Requirement: Provide evidence of adequate accommodation, free from public funds, for the family, including other household members who are not included in the application.
- English Language Requirement:
- The applicant also needs to meet an English Language Requirement, This can be shown by providing evidence to show that the applicant is a national of a majority English speaking country or has passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the Home Office or that the applicant has an academic qualification recognised by UK NARIC as equivalent to a Bachelor’s or Master’s degree or PhD degree in the UK and that the degree was taught in English.
- The applicant does not need to meet the English Language Requirement if at the at the date of application the applicant is aged 65 or over or has a disability (physical or mental) which prevents the applicant from meeting the requirement orthere are exceptional circumstances which prevent the applicant from being able to meet the requirement before coming to the UK.
- Tuberculosis Test Certificate: Provide a Tuberculosis test certificate if required under Appendix Tuberculosis (TB) of the Immigration Rules.
Relationship Requirements for Proposed Civil Partner Visa UK?
To qualify for a proposed civil partner visa for the UK, the following relationship criteria must be met:
- Eligibility of the UK Partner: The applicant’s UK partner must meet one of the following conditions:
- Be a British Citizen.
- Hold Indefinite Leave to Remain (ILR) or Settled Status in the UK.
- Be an EU, EEA, or Swiss national with pre-settled status in the UK.
- Hold a Turkish Businessperson or Turkish Worker visa.
- Have refugee status or Humanitarian Protection (HP) in the UK.
- Relationship Authenticity:
- Both partners must not be within a prohibited degree of relationship.
- The couple must have met in person.
- The relationship must be genuine and ongoing. Previous relationships of either partner must have ended permanently, unless they fall within paragraph 278(i) of the Immigration Rules.
- Both partners must intend to marry or register a civil partnership and live together permanently in the UK.
New Financial Requirement of £29,000 Gross Per Year Effective from 11 April 2024
Starting from 11 April 2024, the financial requirement for applicants seeking their first proposed civil partner visa under the partner route has been revised. The new minimum income threshold is set at £29,000 gross per annum. This requirement applies to all first-time applicants from this date onwards. Importantly, if the applicant has dependent children applying alongside them, this threshold remains at £29,000 gross per annum, and no higher income requirement will be imposed.
Meeting the Financial Requirement:
- Income Requirement: To satisfy the financial criteria for a proposed civil partner visa, the UK partner must demonstrate an annual gross income of at least £29,000.
- Combining Income and Savings: If the sponsor’s gross annual income is below £29,000, it is permissible to combine their employment income (under Category A) with additional savings to meet the requirement. The calculation for additional savings is as follows:
- The required savings amount to £16,000 plus an additional amount equivalent to 2.5 times the shortfall between the sponsor’s actual gross income and the £29,000 threshold.
- Applicant’s Income and Savings:
- Overseas Income: The applicant’s income from overseas employment does not contribute towards meeting the financial requirement.
- Savings and Other Income: The applicant’s own savings, rental income, or pension income (if applicable) can be included to meet the financial requirement, in conjunction with the UK partner’s income.
These updates aim to streamline the application process while ensuring that all financial requirements are met adequately. For accurate calculations and assistance, consider consulting with an immigration specialist.
Sources to Meet Financial Requirements?
You can meet the financial requirement through several sources:
- Income from Employment: This includes salaried or non-salaried employment of the partner or the applicant if they have permission to work in the UK (Categories A or B).
- Non-Employment Income: Such as rental income or dividends from investments (Category C).
- Cash Savings: Savings exceeding £16,000 held for at least 6 months by the partner or applicant (Category D).
- Pension Income: From state (UK or foreign), occupational, or private pensions (Category E).
- Self-Employment Income: Includes income from self-employment or as a director/employee of a UK limited company (Categories F or G).
Exemptions from Meeting the Financial Requirement?
If the applicant’s partner receives specific benefits or allowances, the applicant can meet the financial requirement through “adequate maintenance” rather than the £29,000 income threshold. Eligible benefits include:
- Carer’s Allowance
- Disability Living Allowance
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Attendance Allowance
- Personal Independence Payment (PIP)
- Armed Forces Independence Payment or Guaranteed Income Payment
- Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension
- Police Injury Pension
If the applicant’s partner receives certain benefits or allowances for their child, the applicant can meet the financial requirement through “adequate maintenance.” Details on the required evidence are outlined in Appendix FM-SE.
Calculating Adequate Maintenance?
The Home Office UKVI uses the following formula to determine if the adequate maintenance requirement is met:
A−B ≥ CA Where:
- A is the net income (after tax and National Insurance).
- B is housing costs (rent and council tax).
- C is the Income Support amount equivalent to what a similar British family would receive.
Adequate Accommodation Requirements?
For a proposed civil partner visa, the applicant must provide evidence of adequate accommodation, which should be:
- Owned or exclusively occupied by the family.
- Not overcrowded.
- Compliant with public health regulations.
Accommodation that does not meet these criteria will be deemed inadequate.
English Language Requirements for Proposed Civil Partner Visa UK?
To qualify for a proposed civil partner visa in the UK, applicants must demonstrate their English language proficiency through one of the following methods:
- Nationality Exemption: The applicant is a national of a majority English-speaking country.
- Language Test: The applicant has passed an English language test in speaking and listening at a minimum of Level A1 on the Common European Framework of Reference for Languages (CEFR), administered by a Home Office-approved provider.
- Academic Qualification: The applicant holds an academic qualification recognized by UK NARIC as equivalent to a UK Bachelor’s, Master’s, or PhD degree, and the qualification was taught in English.
- Exemptions: The applicant is exempt from the English language requirement if they:
- Are aged 65 or over at the time of application.
- Have a disability (physical or mental) that prevents meeting the English language requirement.
- Face exceptional circumstances that hinder meeting the requirement prior to entering the UK.
Switching from a Proposed Civil Partner Visa to a Civil Partner Visa?
Individuals currently in the UK on a proposed civil partner visa may switch to a civil partner visa once their civil partnership is registered. The application for this switch should be submitted online using Form FLR (M) before the proposed civil partner visa expires. Our specialist family visa solicitors offer a Super Priority Service for this transition, ensuring a decision within 24 hours of biometrics enrollment.
Re-Application After Refusal?
If your application for a proposed civil partner visa entry clearance is refused by the Home Office UKVI, you may re-apply promptly if you choose not to appeal or believe that a fresh application can address the issues raised in the refusal.
Appealing a Refusal?
If your proposed civil partner visa entry clearance is refused and you believe the decision was unjust or inconsistent with the law, you can file an appeal with the First-Tier Tribunal (FTT) within 28 days of the refusal. Our expert immigration appeal lawyers can provide representation for your appeal.
How We Can Assist?
Our team of specialized family visa solicitors offers comprehensive immigration advice and legal representation for your proposed civil partner visa entry clearance application, based on a fixed fee. This fee covers all aspects of your case until a decision is made by the Entry Clearance Officer (ECO). Our services include:
- Requirement Guidance: Providing detailed advice on meeting the necessary requirements for a successful application.
- Document Preparation: Compiling and sending you a detailed list of supporting documents required for your application.
- Document Assessment: Reviewing and ensuring all documents comply with Immigration Rules.
- Application Completion: Filling out the relevant application form accurately.
- Priority Service Submission: Where possible, submitting your application via Priority Service for expedited processing.
- Appointment Booking: Scheduling your biometrics enrollment appointment.
- Cover Letter Preparation: Drafting a comprehensive cover letter to support your application.
- Online Document Upload: Uploading all supporting documents online before the biometrics appointment.
- Follow-Up: Handling all follow-up tasks until a decision is reached.
Why Choose Us for Your Proposed Civil Partner Visa Entry Clearance Application?
- Exceptional Legal Services: Our London-based team provides top-tier legal services, evidenced by a 5-star rating from 99% of our clients.
- Remote Consultations: Our team of expert family visa solicitors and lawyers in London offers comprehensive remote legal services for your proposed civil partner visa application. Utilizing advanced technology, we efficiently manage your visa application process from a distance, eliminating the need for in-office visits. While we gladly welcome clients to our London offices if preferred, our remote service option is designed to save you time and travel expenses, ensuring a seamless and convenient experience.
- Availability: We are available seven days a week for dedicated legal support.
- Qualified Solicitors: All casework is managed by qualified, experienced family visa solicitors.
- Fast-Track Service: We utilize fast-track processes, including Priority Visa Service, for quicker decisions.
- Free Online Advice: Access one-off free immigration advice via our website inquiry form.
- Fixed Fees with Payment Plans: Our family visa solicitors and lawyers offer competitively priced, fixed fees for proposed civil partner visa entry clearance applications. To accommodate your budget, we provide the option to split the payment into two installments. You will pay 50% of the agreed fee at the outset, when we begin working on your application. The remaining 50% is due upon completion of your application, just before it is submitted to the Home Office UKVI. This flexible payment structure ensures transparency and affordability while we manage your visa application process.
Additional Civil Partner Visa-Related Services
Frequently Asked Questions (FAQs) About the Proposed Civil Partner Visa UK
Here are some of the most frequently asked questions (FAQs) regarding the application process for a proposed civil partner visa entry clearance:
What is a Proposed Civil Partner Visa UK?
A proposed civil partner visa allows an individual to enter the UK to marry or register a civil partnership with a sponsor who is a British Citizen, ILR holder, EU national with pre-settled status, refugee, humanitarian protection status holder, or Turkish Businessperson/Worker visa holder.
Who is considered a sponsor for a proposed civil partner visa?
The sponsor is the individual with whom the applicant plans to register a civil partnership.
What is the age requirement for the proposed civil partner visa UK?
Both the applicant and the UK partner must be at least 18 years old. If the applicant is near their 18th birthday, discretion may be applied by the Entry Clearance Officer (ECO), valid only once the applicant turns 18.
What evidence is required to prove the intention to live together?
The intention to live permanently together signifies a mutual and clear commitment from both parties to reside in the UK on a permanent basis immediately after the visa application is approved or as soon as circumstances allow.
In a notable High Court case from November 1996, Justice Keen ruled that:
“The concept of intention is undeniably complex. However, it is clear that one can possess a genuine intention, even if the execution of that intention depends on, or may be hindered by, external factors.”
The ruling further clarified that the Immigration Rules’ requirement regarding the couple’s intention to marry could be fulfilled if the British citizen (or legally resident foreign national) spouse is determined to remain in the UK. Essentially, a conditional intention to live together may be sufficient to satisfy the ‘intention to live together permanently’ requirement.
Is there a requirement to have met for a proposed civil partner visa application?
Under the Immigration Rules for a proposed civil partner visa, it is mandatory that both the applicant and the UK sponsor have met each other in person. Failure to do so may result in the refusal of the visa application by the Entry Clearance Officer (ECO).
In the case of Abdulmajid Esmail Jaffer, the Tribunal clarified that “to have met” implies more than just a brief encounter or mutual sighting. The Tribunal emphasized that a simple face-to-face meeting, followed by telephone or written communication, or a shared family background, does not suffice to meet this requirement. Instead, the meeting must have led to a genuine mutual acquaintance.
Additionally, relationships that have developed solely online do not meet the “to have met” requirement unless they include an in-person meeting between the couple. Evidence to support this face-to-face interaction could include travel records, relevant email exchanges, and other documentation proving the physical meeting.
What evidence is needed to prove freedom to marry in a proposed civil partner visa application?
For single individuals, the Registrar typically relies on the parties’ declaration of their eligibility to marry. The Entry Clearance Officer (ECO) may similarly accept a verbal statement from the applicant, along with any supporting correspondence from the intended spouse. However, if there are substantial reasons to suspect that one of the parties is still married, in a civil partnership, or has previously been in such a relationship and is hiding this information, the ECO may conduct further investigations.
In cases where the ECO questions the applicant’s intent to marry, they may request proof of freedom to marry before granting entry clearance. This proof may include:
For Widowed Individuals: A death certificate of the late spouse.
For Surviving Civil Partners: A death certificate of the deceased civil partner.
For Divorced Individuals: Evidence of divorce, such as a divorce certificate.
For Dissolved Civil Partnerships: Evidence of dissolution, like a dissolution certificate.
When is the visa fee paid?
The fee is paid to the Home Office UKVI at the time of online application submission.
Is the Immigration Health Surcharge required for the proposed civil partner visa UK?
No, applicants do not need to pay the Immigration Health Surcharge for this visa.
9. Will the Home Office fee be refunded if the visa application is refused by the Entry Clearance Officer (ECO)?
No, the visa fee is non-refundable if the application is refused.
What are the mandatory grounds for refusal of the proposed civil partner visa UK?
A proposed civil partner visa entry clearance application for the UK will be automatically refused if any of the following conditions apply:
Exclusion by the Secretary of State: The Secretary of State has personally directed that the applicant’s exclusion from the UK is in the public interest.
Deportation Order: The applicant is currently subject to a deportation order.
Public Good Exclusion: The applicant’s exclusion is deemed necessary for the public good due to:
- A conviction resulting in a prison sentence of 4 years or more.
- A conviction leading to a prison sentence of 12 months to less than 4 years, unless 10 years have passed since the sentence ended.
- A conviction leading to a prison sentence of less than 12 months, unless 5 years have passed since the sentence ended.
Undesirable Conduct: The applicant’s exclusion from the UK may be deemed necessary for the public good if their conduct, character, associations, or other relevant factors make granting entry clearance undesirable. This includes cases where the applicant’s behavior or affiliations, even if not covered by specific conviction criteria in paragraph S-EC.1.4., pose a risk or are deemed incompatible with the public interest.
Failure to Comply: The applicant has, without reasonable excuse, failed to:
- Attend a required interview.
- Provide requested information.
- Submit physical data.
- Undergo a medical examination or provide a medical report.
Medical Reasons: Granting entry clearance is undesirable due to medical reasons.
Conditional Caution: The applicant left or was removed from the UK as a condition of a caution issued under Section 22 of the Criminal Justice Act 2003, less than 5 years before the application decision.
Risk from a Parent or Parent’s Partner: The Secretary of State believes that the applicant’s parent or their parent’s partner poses a risk to the applicant. This may include:
- A conviction as an adult for an offense against a child, either in the UK or overseas.
- Failure to comply with notification requirements as a registered sex offender.
- Non-compliance with a sexual risk order under the Anti-Social Behaviour, Crime, and Policing Act 2014.
What are the discretionary grounds for refusal?
An applicant may face refusal of the proposed civil partner visa entry clearance on suitability grounds under the following conditions:
False Information or Misrepresentation: If the application includes false information, deceptive representations, or fraudulent documents—whether knowingly or unknowingly provided—or if there has been a failure to disclose significant facts.
Failure to Provide Required Undertakings: If a maintenance and accommodation undertaking required under paragraph 35 of the Immigration Rules, or similar requirements, has not been submitted.
Public Good Considerations: Exclusion may be deemed necessary for public good if:
- The applicant has been convicted of or admitted to an offense within the past 12 months that resulted in a non-custodial sentence or other legal disposal recorded on their criminal record.
- The Secretary of State believes that the applicant’s offending has caused significant harm or that the applicant is a persistent offender with a disregard for the law.
Unpaid Litigation Costs: Refusal may occur if the applicant has not settled litigation costs awarded to the Home Office.
Unpaid NHS Charges: An applicant may be refused if notified by relevant NHS bodies for failing to pay outstanding NHS charges exceeding £500, as per the regulations for overseas visitors.