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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 United Kingdom. The rules mirror those for spouses.
The crucial difference between civil partners and “unmarried partners” (see our page on this topic) is that civil partners do not need to show a prior period of cohabitation for an application to be successful.
It must be remembered, though, that to all intents and purposes, civil partnership is “gay marriage” and, as with marriage, there are responsibilities as well as rights. A civil partnership should never be entered into without an understanding of those rights and responsibilities.
Applications can be made by the civil partners of British citizens, UK permanent residents, European Economic Area nationals who are living in the United Kingdom and of other nationals who have certain types of limited stay in the United Kingdom. Also, certain overseas same-sex unions are recognised as being equivalent to civil partnership and can be used as the basis of an application.
The appropriate place to make the application (in the UK or outside), the form to be used, and the length of stay to be granted, all depend on the particular circumstances of the couple.
If you plan to make an application yourself you must read the Immigration Rules relating to civil partnerships and the Home Office policy section thoroughly as this page only provides a very brief overview. The partners of EEA nationals should follow the European guidance specific to them.
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.
This firm was heavily involved in the consultation process leading up to the introduction of the Act and the firm has successfully represented many civil partners and prospective civil partners already and we are happy to advise in any situation.
Many applications will be straight forward, but some people 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, we can help. If you are in a committed relationship no situation is hopeless.
See also Unmarried/Same Sex Partners.
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