Marriage

A marriage can form the basis of an application to remain in or enter the UK and it carries responsibilities as well as rights. A marriage should never be entered into without an understanding of those rights and responsibilities.

There is a difference between a spouse and an unmarried partner. As a spouse you do not need to show a prior period of cohabitation for an application to be successful.

The spouse of a British citizen, a UK permanent resident or an European Economic Area national living in the UK can make an application to remain in the UK. A non EEA national with a certain types of limited stay in the UK can also apply.

Many applications will be straight forward but some applicants will find it difficult to meet the requirements of the immigration rules or they may have a difficult immigration history. If this is the case, you need to seek legal advice.

Details of the requirements can be found on the Home Office website including the new requirements that any applications by the partners of British citizen or permanent residents must be accompanied by evidence of English language ability.

Partnerships

Same-sex partner & unmarried partner

The immigration rules allow for applications to be made to enter or remain in the United Kingdom on the basis of relationships where the couple are in a different sex relationship or in a same-sex relationship.

The rules for both different sex and same sex partners are identical. The rules apply to people in relationships with British citizens, UK permanent residents and to other nationals who have certain types of limited stay in the UK.

The immigration rules require that the couple must be living together in a genuine relationship “akin to marriage or civil partnership” which has subsisted continued for two years or more. This is interpreted by the Home Office and embassies abroad to mean two years’ cohabitation and strong evidence of this cohabitation will be needed.

Many applications fit clearly within the rules but many people do find it difficult to meet the cohabitation requirement or have a difficult immigration history. If this is the case, we can help.

Civil partnerships

The Civil Partnership Act 2004 came into force on 5 December 2005. A civil partnership can form the basis of an application to remain in or enter the UK. The rules mirror those for spouses. A civil partner carries responsibilities as well as rights. A civil partner should never be entered into without an understanding of those rights and responsibilities.

The crucial difference between a civil partner and an unmarried partner is that a civil partner does not need to show a prior period of cohabitation for an application to be successful.

The civil partner of a British citizen, a UK permanent resident or an European Economic Area national living in the UK can make an application to remain in the UK. A non EEA national with a certain types of limited stay in the UK can also apply. Furthermore, certain overseas same-sex unions are recognised as being equivalent to civil partnership and can be used as the basis of an application.

The Immigration Rules now require that any applications by the partners of British citizen or permanent residents must be accompanied by evidence of English language ability. Details for this can be found on the Home Office website.

Many applications will be straight forward but some applicants will find it difficult to meet the requirements of the immigration rules or they may have a difficult immigration history. If this is the case, you need to seek legal advice.