Same Sex Partner Visa UK
The same-sex partner visa is designed for partners of a qualifying UK sponsor who have been in a committed same-sex relationship for at least two years. This visa is available to individuals who have cohabited in a relationship similar to marriage or civil partnership with 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.
Key Details about the Same-Sex Partner Visa
- Application Basis: The same-sex partner visa UK is issued based on the applicant’s two-year cohabiting relationship. Applications are processed according to the criteria outlined in Appendix FM of the Immigration Rules. This visa is also referred to as a settlement visa or Appendix FM Partner visa.
- Visa Duration and Extensions:
- Entry Clearance: For those applying from outside the UK, the initial visa grant is for 33 months.
- In-Country Switching: If switching from another visa type within the UK, the initial leave is granted for 30 months (2.5 years), with the possibility of a further extension for an additional 30 months.
- Path to Indefinite Leave to Remain (ILR):
- 5-Year Route: Applicants who have held a same-sex partner visa under the 5-year route may apply for ILR 28 days before completing their 5-year residence.
- 10-Year Route: For those on the 10-year route, ILR can be applied for 28 days before completing 10 years under the same-sex partner visa or 10 years of continuous and lawful residence on various UK visas.
Free Immigration Advice for Same-Sex Partner Visa UK
At Aden & Co Solicitors, our dedicated team of family visa specialists offers complimentary online immigration advice for your same-sex partner visa application in the UK. Whether you have a specific question or need detailed guidance, our expert solicitors are here to assist. You can either ask a question online for free advice or schedule an appointment for in-depth consultation with one of our experienced family visa solicitors.
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Expert Immigration Solicitors for Same-Sex Partner Visa UK
Our expert team of family visa solicitors at Aden & Co provides comprehensive immigration advice and legal representation for all types of same-sex partner visa applications. Whether you need assistance with entry clearance for a same-sex partner visa, transitioning from another visa category to a same-sex partner visa, extending an existing same-sex partner visa, or applying for Indefinite Leave to Remain (ILR) as a same-sex partner, we are here to guide you through each step of the process with professional expertise.
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Same-Sex Partner Visa UK Applications
Aden & Co Solicitors, renowned for their expertise in family immigration law, offer comprehensive legal services for various same-sex partner visa applications in the UK. Our experienced team provides professional advice and representation for all aspects of the same-sex partner visa process, including:
- Entry Clearance for Same-Sex Partner Visa UK
- Switching to a Same-Sex Partner Visa (5-Year Route)
- Switching to a Same-Sex Partner Visa (10-Year Route)
- Extension of Same-Sex Partner Visa (5-Year Route)
- Extension of Same-Sex Partner Visa (10-Year Route)
- Indefinite Leave to Remain (ILR) as a Same-Sex Partner (5-Year Route)
- Indefinite Leave to Remain (ILR) as a Same-Sex Partner (10-Year Route)
- Immigration Appeals UK
- Naturalisation as a British Citizen After ILR Grant
Transitional Financial Requirements for Same-Sex Partner Visa
The Home Office UKVI has established transitional financial requirements for applicants who filed their initial same-sex partner visa application before 11 April 2024. According to paragraph E-LTRP.3.5 of Appendix FM of the Immigration Rules, applicants who were granted a same-sex partner visa on the five-year route must demonstrate a gross annual income of £18,600 if their initial application was successful before 11 April 2024. If the financial requirement exceeds £29,000 due to the number of children, only evidence of a gross income of £29,000 is needed.
For those applying to stay with the same partner for whom they were previously granted permission, the £18,600 transitional financial requirement applies. However, if applying to stay with a new partner, the financial threshold is £29,000 gross per annum.
Updated Financial Requirements from 11 April 2024
From 11 April 2024, the updated financial requirement for new partner route applications is £29,000 gross per annum. This applies to all first-time applications made on or after this date. If the applicant has dependent children, the financial requirement does not increase. Applicants can combine employment income under Category A with savings to meet this requirement. Savings must be £16,000 plus additional savings equivalent to 2.5 times the difference between the applicant’s gross annual income and £29,000.
UKVI Fees for Same-Sex Partner Visa Applications
Below are the Home Office UKVI fees for different stages of same-sex partner visa applications:
- Entry Clearance for Same-Sex Partner Visa from Outside the UK: £1,846 per applicant; £3,105 for the partner (or £2,328 for each child applicant); £500 for Priority Service.
- Switching to a Same-Sex Partner Visa from Inside the UK: £1,048 per applicant; £2,587.50 for the partner (or £1,940 for each child applicant); £1,000 for Super Priority Service.
- Extension of Same-Sex Partner Visa from Inside the UK: £1,048 per applicant; £2,587.50 for the partner (or £1,940 for each child applicant); £1,000 for Super Priority Service.
- ILR as a Same-Sex Partner: £2,885 per applicant; Immigration Health Surcharge not applicable; £1,000 for Super Priority Service.
FAQs – Same-Sex Partner Visa UK
Here are some of the most frequently asked questions (FAQs) regarding the same-sex partner visa in the UK:
What is the Same-Sex Partner Visa UK?
The Same-Sex Partner Visa UK allows a same-sex partner of a qualifying UK sponsor to reside in the UK. This visa is granted based on a two-year cohabiting relationship with a British Citizen, a person with Indefinite Leave to Remain (ILR), a pre-settled EU national, a refugee, or a Turkish Businessperson/Worker visa holder. This visa is also known as the settlement visa or Appendix FM Partner visa.
Can I Work in the UK Under a Same-Sex Partner Visa?
Yes, the same-sex partner visa allows you to work in the UK.
Does the Same-Sex Partner Visa UK Lead to Indefinite Leave to Remain (ILR)?
Yes, after spending 5 years under the 5-year route or 10 years under the 10-year route, you can apply for ILR.
How Can I Apply for a Same-Sex Partner Visa UK?
Applications can be submitted online via the Home Office UKVI website.
Do I Need to Meet the English Language Requirement for a Same-Sex Partner Visa UK?
For the 5-year route, English language requirements are A1 for initial application, A2 for extension, and B1 for ILR. The 10-year route does not require meeting these language requirements at any stage.
Can I Apply for Same-Sex Partner Visa Under Priority or Super Priority Service?
You can expedite your same-sex partner visa UK application through the fast-track visa service. If applying from outside the UK, you can utilize the priority service for a quicker decision on your same-sex partner visa application, typically within 30 working days. For those applying from within the UK, the Super Priority Service is available, offering a decision on your visa application within just 24 hours.
What Are the Different Routes to Settlement Under the Same-Sex Partner Visa UK?
There are two routes:
- Same-Sex Partner Visa (5 Years Route): Through the same-sex partner visa route, you can apply for Indefinite Leave to Remain (ILR) as a same-sex partner 28 days before completing 5 years of continuous residence in the UK under the 5-year route. It’s important to note that any time spent in the UK under the 10-year same-sex partner visa route does not count towards the 5-year requirement for ILR eligibility as a same-sex partner.
- Same-Sex Partner Visa (10 Years Route): Under the same-sex partner visa (10-year route), you can apply for Indefinite Leave to Remain (ILR) 28 days before reaching either 10 years under the same-sex partner visa (10-year route) or 10 years of continuous and lawful residence across various UK visas (commonly referred to as ILR under the 10 Years Long Residence route), whichever milestone is achieved first. Typically, applicants will fulfill the 10-year long residence requirement sooner than completing the 10-year period under the same-sex partner visa route.
For those seeking to expedite their path to ILR, it is possible to switch from the 10-year route to the 5-year same-sex partner visa route, allowing for earlier qualification for ILR.
What Are the Different Routes to Settlement Under the Same-Sex Partner Visa UK?
There are two routes:
- Same-Sex Partner Visa (5 Years Route): Through the same-sex partner visa route, you can apply for Indefinite Leave to Remain (ILR) as a same-sex partner 28 days before completing 5 years of continuous residence in the UK under the 5-year route. It’s important to note that any time spent in the UK under the 10-year same-sex partner visa route does not count towards the 5-year requirement for ILR eligibility as a same-sex partner.
- Same-Sex Partner Visa (10 Years Route): Under the same-sex partner visa (10-year route), you can apply for Indefinite Leave to Remain (ILR) 28 days before reaching either 10 years under the same-sex partner visa (10-year route) or 10 years of continuous and lawful residence across various UK visas (commonly referred to as ILR under the 10 Years Long Residence route), whichever milestone is achieved first. Typically, applicants will fulfill the 10-year long residence requirement sooner than completing the 10-year period under the same-sex partner visa route.
For those seeking to expedite their path to ILR, it is possible to switch from the 10-year route to the 5-year same-sex partner visa route, allowing for earlier qualification for ILR.
When Can I Apply for a Same-Sex Partner Visa UK?
You can apply after completing two years of cohabitation with your qualifying UK partner and meeting all other Immigration Rules requirements (financial requirements, accommodation requirements, English language requirements).
Can I Switch from Same-Sex Partner Visa 10 Years Route to 5 Years Route?
Yes, you can transition from the 10-year same-sex partner visa route to the 5-year same-sex partner visa route at any point during your current leave to remain. It is advantageous to make this switch as early as possible, as your eligibility period for Indefinite Leave to Remain (ILR) under the 5-year route will commence from the date you are granted initial leave under the 5-year route.
What is the Financial Requirement for Same-Sex Partner Visa 5 Years Route?
When applying for a same-sex partner visa entry clearance, switching to a same-sex partner visa, extending a same-sex partner visa, or seeking Indefinite Leave to Remain (ILR) under the 5-year route, applicants must satisfy one of the following financial requirements:
- Income Threshold: The applicant must demonstrate an annual income of at least £18,600, provided there are no non-British children involved in the application.
- Adequate Maintenance: If the applicant’s partner receives specific listed benefits, thus exempting them from the £18,600 income requirement, the applicant must show they meet the adequate maintenance requirement instead.
In situations where a visa refusal could lead to significant breaches of human rights laws, such as Article 8 of the European Convention on Human Rights (ECHR) or Section 55 of the British Nationality Act 1981 (BCIA 2009), applicant may be eligible to use third-party financial support to meet the required financial criteria.
How Can I Challenge the Refusal of Same-Sex Partner Visa UK?
You can appeal to the First Tier Tribunal (FTT) if your visa application is refused and you believe the decision was unlawful.
Can I Make a New Application if My Same-Sex Partner Visa UK Application is Refused?
Yes, you can submit a new application if you believe the chances of success in an appeal are low.
For expert guidance and assistance with your same-sex partner visa application, Aden & Co Solicitors offers comprehensive support. Our experienced team can help you navigate the complex immigration rules and ensure a smooth application process.