If you are currently in the UK on a different visa type that permits switching to a same-sex partner visa, you may be eligible to apply for the same-sex partner visa (5-year route) as a partner of a qualifying UK-based individual. To qualify, you must meet specific eligibility criteria for switching into a same-sex partner visa. Applications for switching to a same-sex partner visa within the UK can be processed using the Super Priority Service, allowing you to receive a decision on your application within 24 hours.

You will be regarded as the same-sex partner of your UK sponsor if you and your UK partner have cohabited in a relationship comparable to a civil partnership or marriage for a minimum of 2 years.

The process for switching to a same-sex partner visa under the 5-year route follows the guidelines outlined in the Immigration Rules, specifically Appendix FM. If you satisfy all the conditions set forth in Appendix FM, you will be granted a 30-month (2.5 years) leave to remain under the same-sex partner visa (5-year route). In cases where applicants cannot fulfill all the criteria for the 5-year route, they may opt to apply under the 10-year route for same-sex partner visas.

Free Immigration Guidance for Switching to a Same-Sex Partner Visa (5-Year Route)
Our expert team at Aden & Co Solicitors offers one-time free online immigration advice for your application to switch to a same-sex partner visa (5-year route) while you are in the UK. Feel free to ask a question online for free immigration advice from our skilled family visa solicitors, or schedule an appointment for a comprehensive consultation regarding your application to switch to a same-sex partner visa.

Expert Solicitors for Transitioning to a Same-Sex Partner Visa (5-Year Route)
At Aden & Co Solicitors, our experienced family visa specialists have successfully assisted numerous clients in their applications for switching to a same-sex partner visa. We offer fast, efficient, and reliable fixed-fee immigration services tailored to your unique circumstances. Our dedicated team of family visa solicitors ensures a seamless experience, providing a super priority service (with a decision made within 24 hours) for your same-sex partner visa application within the UK.

Aden & Co Solicitors stands as a trusted leader in UK immigration law, with a proven track record of excellence. The exceptional quality of our UK visa and immigration legal services is reflected in the outstanding 5-star Google Reviews, with 99% of our clients rating us highly.

How Much Does the Cost of Switching to a Same-Sex Partner Visa (5 Years Route) Entail?

The following outlines the costs related to your application process:

Our Fixed Fees for Your Same-Sex Partner Visa Application

At Aden & Co Solicitors, our fixed fees for processing your visa application range from £1,000 + VAT to £1,500 + VAT. This comprehensive fee covers all aspects of our work, including expert advice on necessary documentation, thorough document verification, completion and online submission of the application form, scheduling your biometrics appointment, preparation of a detailed support letter, uploading all relevant documents for review, and handling any follow-up actions until a decision is made by the UK Home Office (UKVI).

The specific fixed fee agreed upon will depend on the complexity and scope of your case, as well as the level of work involved in your application. An initial payment of 50% of the agreed fee will be due when we commence work on your application, with the remaining balance payable once your application is fully prepared and ready for submission.

If you’re unable to cover the full service cost, we offer a more affordable solution. You can book an online consultation for our one-time immigration advice service for a fixed fee of £100 (including VAT), or opt for our document checking service at £300 (including VAT).

UKVI Application Fees Breakdown for a Smooth Immigration Process

When applying through Aden & Co Solicitors, in addition to our fixed fee for expert assistance with your immigration application, you will be required to cover the Home Office’s UKVI fees. The standard UKVI application fee stands at £1,258. Additionally, there is a mandatory charge of £2,587.50 for the Immigration Health Surcharge (IHS), bringing the total payable amount for your application to £3,845.50.

For those who require expedited processing, an optional Super Priority Service is available at an extra £1,000, ensuring that your application is processed and decided within 24 hours.

Can I Utilize the Super Priority Service to Switch to a Same-Sex Partner Visa (5-Year Route)?

As expert family visa solicitors in London, Aden & Co Solicitors are fully accredited by the Home Office and UK Visas & Immigration (UKVI). We also collaborate with UKVCAS Sopra Steria to offer the Super Priority Service, ensuring an expedited decision on your same-sex partner visa application within just 24 hours when submitted via this service.

Our team of dedicated family visa solicitors at Aden & Co Solicitors specializes in efficiently preparing and submitting same-sex partner visa applications. By opting for the Super Priority Service, you can avoid long waiting periods—sometimes stretching into years—and receive a swift decision on your application. We streamline the process, making it quicker and more convenient for you.

How to Switch to a Same-Sex Partner Visa (5-Year Route)

If you’re looking to switch to a same-sex partner visa under the 5-year route, follow these essential steps to ensure a smooth application process:

1. Complete the Online FLR(M) Application: Begin by filling out the FLR(M) application form available on the UKVI website, specifically for switching to a same-sex partner visa.
2. Submit Your Application and Pay the Fees: Once your form is completed, submit it online and pay the required UKVI fees. These fees will include the application fee and the Immigration Health Surcharge (IHS).
3. Book Your Biometrics Appointment: After submitting your application, schedule your biometrics appointment with the UKVCAS. This can be done by creating an account on the UKVCAS web portal.
4. Upload Supporting Documents: Prior to your biometrics appointment, ensure that all necessary supporting documents are uploaded online. This is crucial for the processing of your application.
5. Attend the Biometrics Appointment: On the day of your appointment, bring your Biometric Residence Permit (BRP), passport, and the biometrics appointment letter. This is required for your biometrics enrolment.
6. Await the Decision: After completing all required steps, the Home Office will process your application. A decision is usually made within 3 to 6 months through the standard service. If you opt for the Super Priority Service, you can expect a decision within 24 hours.

Requirements for Switching to a Same-Sex Partner Visa (5-Year Route)

If you are considering switching to a Same-Sex Partner Visa under the 5-year route within the UK, you must meet specific requirements outlined by the UK Immigration Rules. Here’s a detailed breakdown of the key criteria:

Valid Application: The applicant must submit a valid application to switch to the Same-Sex Partner Visa (5-year route) in accordance with the guidelines specified in Appendix FM of the Immigration Rules. This ensures compliance with the legal framework for visa transitions.

Immigration Status: Applicants must not be in the UK under the following conditions:

1. • As a visitor, or
   • With valid leave granted for six months or less, unless the leave is specifically as a fiancé(e), proposed same-sex partner, or pending family court or divorce proceedings.

Relationship Criteria: The applicant must be in a genuine and ongoing relationship with their same-sex partner. To qualify, both partners must have lived together for at least two years. The UK-based partner must be a British Citizen, an individual with Indefinite Leave to Remain (ILR) or settled status, a pre-settled EU national, a refugee or someone with humanitarian protection status, or a holder of a Turkish Businessperson or Worker Visa. Evidence demonstrating the authenticity and continuity of the relationship should be submitted to support the application.

Age Requirement: Both the applicant and their UK partner must be 18 years of age or older at the time of application.

Suitability Requirements: The applicant must satisfy the suitability requirements as outlined in Appendix FM of the Immigration Rules, ensuring they meet all conditions for visa eligibility.

Financial Requirement: To qualify for a Same-Sex Partner Visa (5-year route), applicants must meet the financial threshold. This can be achieved through:

1. • A combined income of the applicant and/or their UK sponsor (minimum £18,600 gross per year if no dependents are involved), derived from employment or self-employment.
   • Alternatively, applicants can meet this requirement through savings or rental income from the applicant and/or the sponsor.

Accommodation Requirement: Applicants must provide evidence of adequate accommodation for their family, including any additional family members living in the same household, even if they are not part of the application. The accommodation must be owned or exclusively occupied by the family and should not rely on public funds.

English Language Requirement: Applicants must demonstrate English proficiency at CEFR Level A1, as required by UK Immigration Rules, by providing evidence of their language skills.

Updated Financial Requirement of £29,000 Gross Per Year from 11 April 2024

Effective from 11 April 2024, amendments to Appendix FM of the Immigration Rules introduce a new financial requirement of £29,000 gross per annum for applicants switching to an unmarried partner visa. This requirement will apply to individuals submitting their applications on or after this date. Notably, if dependent children are included in the application alongside the main applicant, the financial threshold will remain fixed at £29,000 gross per year.

For applicants seeking to switch to a same-sex partner visa under the 5-year route, both the applicant and/or their UK partner must demonstrate employment with an annual income of at least £29,000 gross. If the income under Category A falls short of this amount, applicants may supplement it with savings. To meet this requirement, the savings must include an initial £16,000, plus additional funds equal to 2.5 times the difference between the actual income of the applicant and/or sponsor and the £29,000 threshold.

Understanding the Different Ways to Meet Financial Requirements

To meet the minimum income threshold, applicants can generally satisfy the financial requirements through the following five categories:

• Income from Employment (Salaried or Non-Salaried): This refers to income earned by the applicant and/or their partner from salaried or non-salaried employment. If the applicant is authorized to work in the UK, their income can also be included. Depending on the applicant’s employment history, this falls under Category A or Category B.
• Non-Employment Income: This category includes earnings from non-employment sources, such as rental income from property or dividends from shares. This type of income is classified as Category C.
• Cash Savings: Applicants and/or their partners may use savings of £16,000 or more, which have been held under their control for at least six months. This is categorized as Category D and applies to any cash savings available.
• Pension Income: This encompasses any state (UK or foreign), occupational, or private pensions received by the applicant and/or their partner. This falls under Category E.
• Income from Self-Employment or as a Director/Employee of a UK Limited Company: If the applicant and/or their partner are self-employed or work as a director or employee of a specified UK company, their income can contribute to the financial requirements. Depending on the financial year(s) used, this is classified as Category F or Category G.

When is Exemption from Financial Requirement Applicable?

In certain circumstances, an applicant may be exempt from meeting the standard income threshold of £29,000 if their partner is receiving specific benefits or allowances in the UK. Instead of meeting the income requirement, the applicant can provide proof of “adequate maintenance” as evidence of financial sufficiency. The following benefits or allowances qualify for this exemption:

• 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 receives any of the above benefits or allowances on behalf of their child, the financial requirement can still be met through “adequate maintenance.” The necessary evidence to confirm that the partner is in receipt of a qualifying benefit or allowance is outlined in Appendix FM-SE.

How is Adequate Maintenance Calculated for a Same-Sex Partner Visa in the UK?

To determine if you meet the adequate maintenance requirement for switching to a same-sex partner visa within the UK, the Home Office UKVI uses a specific formula:

A – B ≥ C
Where:

• A represents your net income (after deducting income tax and National Insurance contributions).
• B accounts for your housing costs, including rent and council tax.
• C is the income support amount that a comparable British family of your size would be entitled to.

Immigration Status Requirements for Switching to a Same-Sex Partner Visa (5-Year Route)

To successfully switch to a Same-Sex Partner Visa (5-Year Route) from within the UK, applicants must adhere to specific immigration status requirements. The applicant must not be in the UK under any of the following conditions:

• As a visitor.
• With valid leave granted for six months or less, unless it is granted as a fiancé(e) visa, proposed civil partner, or pending the outcome of family court or divorce proceedings.

English Language Requirements for Switching to a Same-Sex Partner Visa (5-Year Route)

The applicant must provide valid evidence demonstrating they meet the English language requirement. This can be achieved through the following options:

• The applicant is a national of a majority English-speaking country.
• The applicant has successfully passed an approved English language test in speaking and listening at a minimum level A1 of the Common European Framework of Reference (CEFR) for Languages with a provider authorized by the Home Office, UKVI.
• The applicant holds an academic qualification recognized by UK Ecctis as equivalent to a UK Bachelor’s, Master’s degree, or PhD, which was taught in English.
• The applicant is exempt from the English language requirement if:
  • The applicant is 65 years of age or older.
  • The applicant has a physical or mental disability that prevents them from meeting the requirement.
  • Exceptional circumstances exist that prevent the applicant from fulfilling the requirement before entering the UK.

Can I Transition from a 10-Year Same-Sex Partner Visa to a 5-Year Route?

If you’re currently residing in the UK on a same-sex partner visa under the 10-year route, you have the option to apply for a transition to the 5-year route at any point during the validity of your leave. It’s highly recommended to switch to the 5-year route as soon as you fulfill the financial and English language requirements. The time spent under the 10-year route does not count towards your ILR (Indefinite Leave to Remain) under the 5-year route. Once your application is approved under the 5-year route, your ILR eligibility will commence from the date your initial leave is granted. At Aden & Co Solicitors, we can assist in preparing and submitting your application via the Super Priority Service, ensuring you receive a decision within 24 hours.

Can I Switch from a Student Visa to a Same-Sex Partner Visa (5-Year Route)?

If you’re in the UK on a student visa, you may apply to switch to a same-sex partner visa (5-year route) after living with your UK partner for a minimum of two years in a relationship resembling marriage or civil partnership. In this case, you can combine your part-time employment income with your UK partner’s income to meet the financial requirements for the switch. Additionally, you can rely on the English language proficiency previously demonstrated in your student visa application to satisfy the language requirement for transitioning to a same-sex partner visa from within the UK.

Can I Switch from a Work Visa to a Same-Sex Partner Visa (5-Year Route)?

Individuals on a work visa in the UK can apply to switch to a same-sex partner visa (5-year route) provided they’ve lived with their UK partner for at least two years in a relationship akin to marriage or civil partnership. Please note that the time spent on a work visa does not count toward the 5-year qualifying period for ILR under the same-sex partner 5-year route. It is common for individuals on a T5 Temporary Work visa to transition to a same-sex partner visa after completing two years of cohabitation with their British partner. Applicants can meet the financial requirement either through their own income or by combining it with the income of their UK partner. At Aden & Co Solicitors, we offer expert assistance in managing this process efficiently.

Can I Reapply for a Same-Sex Partner Visa After Refusal?

If your application for switching to a same-sex partner visa has been refused by the UKVI Home Office, you may still have the opportunity to reapply under the 5-year route, provided you are unable to successfully contest the refusal. Any fresh application must align with the criteria specified in paragraph 39E of the Immigration Rules. To ensure a quicker decision, it is advisable to submit your application via the Super Priority Service, which guarantees a decision within 24 hours.

Can I Appeal a Refusal of My Same-Sex Partner Visa Application?

Should your application to switch to a same-sex partner visa be refused by the UKVI Home Office, and you are granted the right to appeal, you must submit your appeal to the First Tier Tribunal within 14 days of receiving the refusal. You can challenge the decision on the grounds that it fails to comply with the established rules or infringes upon your right to private and family life, as outlined in Article 8 of the European Convention on Human Rights (ECHR). An Immigration Judge at the First Tier Tribunal will assess and determine your appeal. For expert legal guidance and representation, Aden & Co Solicitors’ specialized family visa lawyers are ready to assist you in navigating your immigration appeal and challenging the refusal decision.

How Aden & Co Solicitors Can Assist You in Switching to a Same-Sex Partner Visa in the UK

At Aden & Co Solicitors, our experienced team of family visa experts is here to provide comprehensive immigration guidance and legal representation throughout the process of switching to a UK same-sex partner visa, all on a fixed-fee basis. Our specialist solicitors will manage every aspect of your application until the Home Office UKVI reaches a decision.

Our dedicated immigration professionals will support you through every step of your application for switching to a same-sex partner visa, including:

Expert Legal Advice:
Our family visa solicitors will provide clear advice on the essential requirements you must meet to successfully switch to a same-sex partner visa.

Document Preparation and Guidance:
We will compile and send you a detailed list of the necessary supporting documents to submit alongside your visa application.

Document Review and Assessment:
Our team will meticulously review your documents to ensure they fully comply with the immigration rules and meet the necessary standards for a successful application.

Application Form Completion:
Our expert immigration lawyers will complete the required application form for your switch to a same-sex partner visa.

Fast-Track Submission via Super Priority Service:
If applicable, we can submit your application via the Super Priority Service to ensure a decision within 24 hours.

Biometrics Appointment Coordination:
After submitting your application, our team will schedule an appointment for you at the application centre to complete the biometrics enrolment process.

Comprehensive Cover Letter:
A detailed cover letter will be prepared by our solicitors, outlining the legal elements necessary for your same-sex partner visa application’s success, ensuring clarity for the Home Office UKVI.

Online Document Upload:
Prior to your biometrics appointment, we will upload all supporting documents to the Home Office UKVI portal for review.

Continuous Follow-Up:
Our solicitors will continue to monitor the progress of your application, handling all follow-up work until the Home Office UKVI reaches its final decision on your same-sex partner visa application.

Why Choose Aden & Co Solicitors for Your Same-Sex Partner Visa (5 Years Route)?

There are numerous compelling reasons to select Aden & Co Solicitors for your same-sex partner visa application from within the UK. Here are the key advantages of choosing our expert team of family visa solicitors and immigration lawyers in London:

Exceptional Legal Expertise: Our team comprises some of the most skilled family visa solicitors in London, offering exceptional legal services for those seeking to switch to a same-sex partner visa. Our reputation for excellence is reflected in the 5-star Google Reviews from 99% of our clients, highlighting our commitment to providing superior UK visa and immigration services.

Remote Legal Support: At Aden & Co Solicitors, we understand the value of convenience. Our specialist family visa solicitors are equipped with advanced technology to provide you with expert immigration advice and legal representation remotely, saving you time and travel expenses. While we welcome clients in our London office, our remote services allow us to manage your same-sex partner visa application efficiently from anywhere in the UK.

Available Seven Days a Week: We are committed to offering dedicated, responsive immigration advice and legal representation throughout the week. Our team is available seven days a week to guide you through the process of switching to a same-sex partner visa, ensuring you receive timely assistance whenever needed.

Experienced Immigration Solicitors: All work related to your same-sex partner visa application will be handled by our fully qualified, experienced immigration solicitors. With extensive expertise in family visa applications, our team will ensure your case is managed with the utmost professionalism and attention to detail.

Expedited Visa Processing: Our family visa solicitors are dedicated to securing the quickest possible outcome for your application. Using fast-track procedures, we aim to prepare and submit your application promptly. When applicable, we leverage the Super Priority Visa Service to expedite the decision-making process, ensuring a response within 24 hours.

Complimentary Immigration Consultation Online: To assist you in making informed decisions, Aden & Co Solicitors offers free, one-off immigration advice through our online enquiry form. Our specialist team will provide clear guidance on switching to a same-sex partner visa in the UK.

Affordable Fixed Fees with Flexible Payment Options: At Aden & Co Solicitors, we pride ourselves on transparency and affordability. We offer fixed fees for your same-sex partner visa application, with the option to pay in two instalments. The first payment is due when we begin work on your application, and the second upon completion and readiness for submission to UKVI.

What Are Our Other Same Sex Partner Visa Related Services?

Frequently Asked Questions (FAQs) for Switching to the Same-Sex Partner Visa (5-Year Route)

Here are the most frequently asked questions regarding the application process for switching to the same-sex partner visa under the 5-year route: