Entry Clearance For Same Sex Partner Visa UK
Secure Your Same-Sex Partner Visa with Aden & Co Solicitors
Are you living outside the UK and seeking a same-sex partner visa? You may qualify for entry clearance if you have cohabited with your same-sex partner for at least two years. Your partner must be one of the following:
- A British Citizen
- Someone with Indefinite Leave to Remain (ILR) or settled status
- An EU national holding pre-settled status
- A refugee or individual with humanitarian protection
- A Turkish Businessperson or Worker visa holder
Eligibility and Application Process
The application must meet the strict criteria under Appendix FM of the UK Immigration Rules. This visa, often referred to as a settlement visa or Appendix FM Partner visa, is granted initially for 33 months and prohibits access to public funds. Before the visa expires, you can apply for a renewal under the 5-year route. Upon completing this period, you become eligible to apply for Indefinite Leave to Remain (ILR) as a same-sex partner.
Expert Immigration Assistance
At Aden & Co Solicitors, we specialize in family visas and offer free initial advice online for same-sex partner visa applications. Whether you have a quick query or require an in-depth consultation, our team is here to guide you. Book an appointment online to receive expert support tailored to your specific needs.
Specialist Solicitors for Same-Sex Partner Visa Entry Clearance
Aden & Co Solicitors in London are leading experts in handling same-sex partner visa entry clearance applications. Our dedicated team of immigration solicitors has consistently assisted countless clients in securing successful outcomes for their visa applications. Offering swift, approachable, and dependable legal support, we ensure fixed-fee services tailored to your same-sex partner visa requirements.
Renowned for excellence in UK immigration law, Aden & Co Solicitors are fully qualified and highly experienced professionals. The superior quality of our visa and immigration services is reflected in the overwhelmingly positive feedback from clients, as evidenced by a stellar 5-star rating on Google Reviews.
What Are the Costs for a Same-Sex Partner Visa in the UK?
When applying for a Same-Sex Partner Visa from outside the UK, it’s important to understand the associated costs and professional services available. Here’s a detailed breakdown:
Comprehensive Entry Clearance Application Services
Aden & Co Solicitors offers fixed-fee services for assisting with your entry clearance application, priced between £1,000 and £1,500 (VAT not applicable). This fee encompasses all aspects of your application, including:
- Document Assessment and Guidance: Reviewing and advising on necessary documents.
- Application Preparation: Completing and submitting the online application form.
- Biometric Appointment Arrangement: Scheduling and managing biometrics enrolment.
- Customised Cover Letter: Drafting a persuasive cover letter to support your application.
- Document Uploads: Organising and uploading all supporting documents.
- Follow-up Services: Liaising with UKVI and managing the process until a decision is reached.
The total fee is determined by the complexity of your case and the amount of work required. An initial payment of 50% is due when work begins, with the remaining balance payable upon completion of your application for submission.
Flexible Options for Affordable Legal Support
If the full-service fee exceeds your budget, Aden & Co Solicitors offers alternative services to suit your needs:One-off Immigration Advice and Consultation: Gain expert guidance during a single session for a fixed fee of £100 (VAT not applicable).Document Checking Service: Ensure your application is robust and error-free for a fixed fee of £300 (VAT not applicable).
UKVI Charges for Entry Clearance Applications: A Comprehensive Guide
When applying for UK entry clearance, applicants must pay both the Aden & Co Solicitors’ fixed fees for expert guidance and the mandatory UKVI charges required by the Home Office. The UKVI application fee for an entry clearance visa amounts to £1,846. Additionally, the Immigration Health Surcharge (IHS), designed to grant access to NHS services during your stay, incurs a fee of £3,105. In total, the UKVI-related costs for an entry clearance application sum up to £4,951.
For faster processing, you can opt for the Priority Service by paying an extra £500, ensuring a decision is provided within 30 working days.
This detailed breakdown ensures you are fully informed of the financial requirements for your UK visa application.
How to Apply for a Same-Sex Partner Visa Entry Clearance to the UK?
Navigating the process of obtaining a same-sex partner visa entry clearance for the UK requires careful attention to detail. Below is a step-by-step guide to streamline your application process with Aden & Co Solicitors:
- Complete the Online Application Form
Begin your application by completing the same-sex partner visa form on the UKVI website. Ensure all required fields are filled accurately. - Submit Your Application and Pay Fees
Submit your completed form online and pay the applicable visa fee. Additionally, you must pay the Immigration Health Surcharge (IHS) as part of the same-sex partner visa application process. - Schedule a Biometrics Appointment
Book an appointment at your nearest UK Visa Application Centre. At this stage, you will need to provide your biometrics and submit your passport for visa processing. - Prepare and Upload Supporting Documents
Convert all supporting documents into PDF format and upload them online before your biometrics appointment. This ensures your documents are reviewed during the visa evaluation process. - Attend the Biometrics Appointment and Await the Decision
Attend your scheduled biometrics appointment. The processing time for your application will depend on the chosen service:- Priority Service: Decision within 30 working days.
- Standard Service: Decision within 60 working days.
Valid Application: Applicants must submit a valid entry clearance application for a same-sex partner visa in compliance with the guidelines set out in Appendix FM of the Immigration Rules.
Relationship Requirement: The applicant must be in a genuine, long-term relationship with a same-sex partner who is either a British citizen, holds Indefinite Leave to Remain (ILR), has settled status, is an EU national with pre-settled status, or is a holder of a refugee/humanitarian protection status, or a Turkish Businessperson or Turkish Worker visa holder. The couple must have lived together for at least two years, and the relationship must be proven as genuine and subsisting, with relevant documentation submitted as evidence.
Age Requirement: Both the applicant and the UK sponsor must be at least 18 years old.
Suitability Requirement: The applicant must fulfill the suitability criteria outlined in Appendix FM of the Immigration Rules, ensuring that all background checks and legal stipulations are satisfied.
Financial Requirement: Applicants must meet the financial requirements for the visa. The UK sponsor must have an income of at least £18,600 per year (gross) if applying without dependent children. Alternatively, the financial threshold can be met through savings of the applicant and/or sponsor, or rental income from the applicant or sponsor.
Accommodation Requirement: Evidence must be provided to confirm that the couple will have adequate accommodation for themselves and any other family members residing in the same household. This accommodation must not require public funds, and it must either be owned or exclusively occupied by the couple.
English Language Requirement: The applicant is required to demonstrate proficiency in the English language, meeting the CEFR level A1 as mandated by UK Immigration Rules.
Tuberculosis (TB) Test: If required under Appendix T of the Immigration Rules, the applicant must submit a valid Tuberculosis test certificate.
What Are the Relationship Requirements for Same-Sex Partner Visa Entry Clearance?
To be eligible for a same-sex partner visa entry clearance, the applicant’s UK-based partner must meet one of the following criteria:
- Be a British Citizen.
- Hold Indefinite Leave to Remain (ILR) or Settled Status in the UK.
- Be an EEA national with pre-settled status in the UK.
- Possess a Turkish Businessperson or Turkish Worker visa in the UK.
- Have leave to remain as a refugee or under Humanitarian Protection (HP).
For a successful application, the applicant and their UK partner must have lived together in a relationship similar to marriage or a civil partnership for at least two years. Furthermore, they must not fall within the prohibited degree of relationship.
It is essential that the relationship is both genuine and ongoing, with both parties committed to living together permanently in the UK. Any previous relationships of either the applicant or their partner must have ended permanently, unless falling under the provisions of paragraph 278(i) of the Immigration Rules.
New Financial Requirement of £29,000 Gross Per Year from 11 April 2024
Effective from 11 April 2024, a new financial requirement of £29,000 gross per year will apply to applicants submitting their first partner route application. This change, part of the updated Appendix FM of the Immigration Rules, mandates that applicants demonstrate an income of £29,000 or more annually. However, if dependent children are also applying with the lead applicant, the financial threshold will remain at £29,000, and no higher income will be required.
For applicants applying for a same-sex partner visa, the UK sponsor must have an income of at least £29,000 gross per year. If the sponsor’s earnings are below this threshold, they may combine their income with savings to meet the requirement. Specifically, the sponsor’s savings must amount to £16,000, plus an additional 2.5 times the difference between their income and the £29,000 annual requirement.
It is important to note that the applicant’s overseas income does not contribute to meeting the financial requirement. However, the applicant’s savings, rental income, or pension income (if applicable) may be used, along with the sponsor’s income, to fulfill the financial criteria.
Meeting the Financial Requirement: Acceptable Sources
To meet the minimum income threshold, applicants can rely on several different sources of income, which are classified as follows:
- Employment Income (Category A and B): Income from salaried or non-salaried employment of the sponsor (or applicant if they have permission to work in the UK). This income is categorized as Category A or Category B, depending on the sponsor’s employment history.
- Non-Employment Income (Category C): Income from non-employment sources such as rental income from properties or dividends from shares can contribute towards meeting the financial requirement.
- Cash Savings (Category D): Savings held by the sponsor and/or applicant that exceed £16,000 and have been under their control for at least six months. This is considered Category D income.
- Pension Income (Category E): Income from state (UK or foreign), occupational, or private pensions of the sponsor or applicant can be used to meet the financial requirement.
- Self-Employment Income (Category F and G): If the sponsor or applicant is self-employed or a director/employee of a specified UK company, their income from self-employment can be used to meet the financial criteria. This is classified as Category F or G, depending on the relevant financial years being considered.
When Does Exemption from the Financial Requirement Apply?
Applicants may be exempt from the financial requirement under specific circumstances. If the applicant’s partner is receiving any of the following benefits or allowances in the UK, the applicant can meet the financial requirement at the application stage by providing evidence of “adequate maintenance,” rather than fulfilling the income threshold of £29,000:
- 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 under the Armed Forces Compensation Scheme
- Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension under the War Pensions Scheme
- Police Injury Pension
If the applicant’s partner is receiving one of these benefits or allowances on behalf of their child, the applicant may still meet the financial requirement through “adequate maintenance.” The required evidence to demonstrate the partner’s receipt of a specified benefit or allowance is outlined in Appendix FM-SE.
English Language Requirement for Visa Applicants
To meet the English language requirement, applicants must provide clear evidence of one of the following:
- Nationality: The applicant is a citizen of a majority English-speaking country.
- English Language Test: The applicant has successfully completed an approved English language test in speaking and listening, achieving at least an A1 level according to the Common European Framework of Reference (CEFR) for Languages, with a provider recognized by the Home Office, UKVI.
- Academic Qualification: The applicant holds an academic qualification, recognized by UK Ecctis, which is equivalent to a UK Bachelor’s, Master’s, or PhD degree, and 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.
- They have a physical or mental disability that hinders their ability to meet the requirement.
- There are exceptional circumstances preventing them from fulfilling the language requirement before entering the UK.
Reapplying for Same-Sex Partner Visa Entry Clearance After Refusal
If your application for same-sex partner visa entry clearance is rejected by the Home Office UKVI, you are eligible to reapply shortly after the refusal decision. This is applicable if you do not wish to challenge the refusal through an appeal or if you believe the Home Office’s decision is correct, and a fresh application can adequately address the concerns raised.
Appealing the Refusal of Same-Sex Partner Visa Entry Clearance
In cases where your same-sex partner visa entry clearance is refused, and you believe the decision was unjust or not in accordance with the law and facts, you have the right to appeal to the First Tier Tribunal (FTT) within 28 days of the refusal decision. Aden & Co Solicitors, with our expertise in immigration law, can represent you in your entry clearance appeal, helping you navigate the process and ensure the best possible outcome.
How We Can Assist You with Your Same-Sex Partner Visa UK Application
At Aden & Co Solicitors, our expert team of family visa solicitors is committed to providing high-quality immigration advice and legal representation for your entry clearance application for a same-sex partner visa in the UK. We offer a fixed-fee service, ensuring that the cost covers all the necessary work our solicitors will undertake on your behalf until a final decision is made by the Entry Clearance Officer (ECO).
The comprehensive services included in our fixed fee for your entry clearance application will cover the following key areas:
Expert Guidance on Requirements: Our experienced family visa solicitors will provide you with clear advice on the specific eligibility criteria you must meet to successfully apply for a same-sex partner visa UK.
Detailed Document Guidance: We will prepare a thorough list of the required supporting documents for your application, ensuring that everything needed for your same-sex partner visa entry clearance is in order.
Document Evaluation: Our solicitors will carefully review all documents submitted, ensuring that they align with the Immigration Rules and meet the necessary criteria to strengthen your application.
Application Form Completion: Our team will complete the relevant application form accurately and efficiently, ensuring that it is prepared to the highest standard for your same-sex partner visa entry clearance.
Priority Service Submission: Whenever possible, we will submit your online application through the Priority Service to expedite the decision-making process for your same-sex partner visa UK entry clearance.
Appointment Coordination: After submission of your online application, we will arrange an appointment with the application centre for biometrics enrolment on your behalf.
Comprehensive Cover Letter: Our solicitors will craft a detailed cover letter to accompany your application, clearly explaining how all legal requirements have been met, ensuring a smoother process towards approval.
Document Upload: Prior to your biometrics appointment, we will upload all the necessary supporting documents to the online system for review by the authorities.
Ongoing Case Follow-Up: Our team will continue to track the progress of your application, liaising with the Entry Clearance Officer (ECO) to ensure your same-sex partner visa UK entry clearance application is moving forward until a decision is made.
Why Choose Aden & Co Solicitors for Your Same-Sex Partner Visa Entry Clearance Application?
There are numerous reasons why you should entrust Aden & Co Solicitors, renowned family visa solicitors in London, with your same-sex partner visa entry clearance application. Below are the key factors that set us apart:
Exceptional Legal Expertise: Our team of highly skilled family visa solicitors in London is dedicated to providing outstanding legal services for same-sex partner visa entry clearance applications. The quality of our UK immigration legal services is reflected in our 5-star Google Reviews rating, with 99% of clients rating us highly.
Remote Legal Services: Aden & Co Solicitors offers comprehensive remote legal services, enabling you to receive expert immigration advice and representation for your same-sex partner visa entry clearance application from the comfort of your home. Using cutting-edge technology, we can manage your application efficiently without requiring an in-person visit to our London office. While we welcome clients to our office should they prefer, our remote services ensure you save both time and travel costs.
Available 7 Days a Week: We are available seven days a week, committed to providing continuous support and expert legal guidance for your same-sex partner visa entry clearance application.
Handled Exclusively by Qualified Immigration Solicitors: All work related to your same-sex partner visa entry clearance application will be handled by our team of fully qualified and experienced family visa solicitors, who specialize in same-sex partner visa matters. With extensive expertise in this area, we ensure that your case is in capable hands.
Expedited Visa Service: Our expert family visa solicitors are proficient in preparing and submitting your same-sex partner visa entry clearance application swiftly. Whenever possible, we utilize the Priority Visa Service to expedite the process, ensuring you receive a faster decision on your visa application.
Free Online Immigration Advice: Aden & Co Solicitors offers a one-off free immigration consultation through our online enquiry form. This ensures that you can get professional advice before committing to any services.
Affordable Fixed Fees with Flexible Payment Plans: We offer reasonable, transparent fixed fees for same-sex partner visa entry clearance applications. Additionally, we provide a flexible payment plan that allows you to pay the agreed fee in two installments—half at the start of the process and the remaining balance when your application is ready for submission to the UKVI.
Additional Same-Sex Partner Visa Services:
Frequently Asked Questions (FAQs) About Entry Clearance for Same-Sex Partner Visa UK
Here are some common questions about the entry clearance application process for the Same-Sex Partner Visa in the UK:
How long is the Same-Sex Partner Visa granted after a successful entry clearance application?
Upon approval of your entry clearance application, you will receive a 90-day entry clearance vignette to enter the UK. After arrival, you will need to collect your Biometric Residence Permit (BPR), which will confirm your same-sex partner visa, valid for 33 months.
What is the flexibility regarding financial evidence requirements?
According to Appendix FM-SE, decision-makers may allow a delay in submitting missing or corrected financial evidence, as long as this is done within a reasonable timeframe. If the omission or error is unlikely to affect the decision positively, the application may not be deferred. Minor issues with evidence, such as missing documentation, may not necessarily prevent approval, provided the omission is not critical. If certain evidence cannot be provided due to its unavailability in the applicant’s country or loss, discretion is granted to decision-makers. Additional evidence may be requested to finalize the application.
What documents are required for a Same-Sex Partner Visa entry clearance application?
The required documents for the same-sex partner visa entry clearance vary depending on the applicant’s personal circumstances and the UK sponsor’s details. Aden & Co Solicitors can assist you in preparing the necessary documentation, providing a tailored list based on a thorough review of your case.
How long does it take to process a UK Same-Sex Partner Visa entry clearance application?
The processing times for entry clearance applications are as follows:
- Standard Service: Typically, decisions are made within 60 working days after biometric enrolment at the UK visa application center.
- Priority Service: Applications processed under the Priority Service are usually decided within 30 working days post-biometric enrolment.
Can I appeal if my entry clearance application is refused by the Entry Clearance Officer (ECO)?
If the Entry Clearance Officer (ECO) refuses your application, you have the right to appeal the decision. You must submit your appeal within 28 days of receiving the refusal notice.
Am I allowed to work in the UK on a Same-Sex Partner Visa?
Yes, individuals holding a same-sex partner visa can work full-time in the UK. This includes both employment and self-employment opportunities.
When can I apply for the renewal of my Same-Sex Partner Visa granted from outside the UK?
You can apply to extend or renew your same-sex partner visa 28 days before completing 30 months of stay in the UK, starting from the date of your first entry. Aden & Co Solicitors can help expedite your renewal application, often securing a decision within 24 hours.
What are the mandatory grounds for refusal of an entry clearance application for the Same-Sex Partner Visa UK?
An application for entry clearance for a Same-Sex Partner Visa UK will be automatically refused if any of the following conditions apply:
- The Secretary of State has explicitly directed that the applicant’s exclusion from the UK is essential for the public good.
- The applicant is currently subject to a deportation order.
- The exclusion of the applicant is deemed beneficial to the public good due to the following reasons:
- The applicant has been convicted of an offense resulting in a sentence of 4 years or more.
- The applicant has been convicted of an offense resulting in a sentence between 12 months and 4 years, unless 10 years have passed since the sentence was completed.
- The applicant has been convicted of an offense leading to a sentence of less than 12 months, unless 5 years have passed since the sentence concluded.
- The applicant’s conduct, including convictions that do not fall under the S-EC.1.4 category, their character, associations, or other factors, make their entry undesirable.
- The applicant has failed to comply with a reasonable request to:
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- Attend an interview,
- Provide necessary information,
- Submit physical data, or
- Undergo a medical examination or submit a medical report.
- It is considered undesirable to grant entry clearance due to medical reasons.
- The applicant was removed or left the UK due to a condition set forth in accordance with section 22 of the Criminal Justice Act 2003, within 5 years of the application decision.
- The Secretary of State believes that the applicant’s parent or their parent’s partner poses a risk to the applicant. This includes cases where the individual:
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- Has a criminal conviction, whether in the UK or abroad, for an offense against a child,
- Is a registered sex offender and has failed to comply with notification requirements,
- Is required to adhere to a sexual risk order under the Anti-Social Behaviour, Crime and Policing Act 2014 and has not complied.
What are the discretionary grounds for refusal of an entry clearance application for the Same-Sex Partner Visa UK?
An applicant may face a discretionary refusal of entry clearance for the Same-Sex Partner Visa UK if any of the following conditions are met:
- Whether or not the applicant is aware, if false information, misrepresentations, or fraudulent documents have been submitted in connection with the application, or if there has been a failure to disclose relevant facts related to the application.
- A maintenance and accommodation undertaking was requested or required under paragraph 35 of these rules, or otherwise, and was not provided.
- The exclusion of the applicant is considered to be in the public interest because:
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- Within the 12 months prior to the application, the applicant was convicted of or admitted to an offense resulting in a non-custodial sentence or an out-of-court disposal, recorded on their criminal record.
- The Secretary of State believes the applicant’s offense caused significant harm or demonstrates persistent offending with a particular disregard for the law.
- The applicant may be refused if they have failed to pay litigation costs awarded to the Home Office.
- The applicant may be refused if any relevant NHS body has notified the Secretary of State that the applicant has not paid outstanding charges in accordance with the NHS regulations for overseas visitors, with the debt exceeding £500.