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Thomas
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Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My partner is a US citizen living in connecticut and I am an

Customer Question

My partner is a US citizen living in connecticut and I am an Uk citizen residing in the UK. we plan to enter a civil partenership in Connecticut and for us both to then live here in the uk. Once we have entered the civil partnership must he apply for a visa to come to the uk specifically for the purpose of once here applying to have the civil partnership recognised and applying for a two year visa or can he come here on a visitors 6 month visa and whilst here apply to have the partnership recognised and the two year visa?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi,

 

You are to have the civil partnership ceremony in the US and have it registered there - is this correct?

 

Tom

Customer: replied 3 years ago.

Hi Tom

 

Yes that is correct. We plan to undergo a civil partnership ceremony in Connecticut and then apply to have it recognised in the UK with a view to my partner and I ultimately living at my UK abode.

Expert:  Thomas replied 3 years ago.

Right. But will you receive your civil partnership certificate in the US once you have completed the ceremony?

 

This is the legal document confirming your status as civil partners. This is the important document. Some states under state law permit these certificates, some don't.

 

Kind regards,

 

Tom

Customer: replied 3 years ago.

Hi Tom

 

Yes we will. Civil partnership is permitted in Connecticut and the ceremony is presided over by a J.P

 

Regards

 

Phil

Expert:  Thomas replied 3 years ago.

Hi Phil,

 

Great. That means you should receive your Certificate of Civil Partnership following the ceremony. This is the equivalent of a Marriage Certificate and you can use it to apply for a spouses visa (settlement) to the UK.

 

The UKBA do not permit any applications to be made when a person is on a visitor's visa and they are very strict about that.

 

Your partner will have to apply for settlement here once the ceremony has been completed. The eligibility criteria for obtaining a spouses visa is as follows,

You will have to show:-

  • 1. That you are legally married to each other (civil partnership certificate)
  • 2. You have met before (statements, correspondence)
  • 3. You are present and settled in the UK (eg. Passport, proof of accommodation)
  • 4. You intend to live permanently together here in the UK as civil partners (statements, correspondence)
  • 5. You can support each other without the need for public funds (bank statements, evidence of income)
  • 6. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds (tenancy agreement, land registry docs if you your own home)
  • 7. That neither of you are younger than 21 years of age. (birth certificates, passports)

You will see that I have put common documents submitted with such applications in brackets, but there is no exhaustive list and you should include and refer to any document you consider may be relevant. There is also a UKBA document which may assist:-

http://www.ukvisas.gov.uk/resources/en/docs/1903073/supportingdocssettlement

 

They will also have to demonstrate that they can speak and understand very basis English. You can see how to do this here:-

http://www.ukvisas.gov.uk/en/aboutus/features/englishlangrequirementpartners

 

It would be best for a UK solicitor to prepare the application prior to your marriage to appraise you of the merits of your case and organise it so that you have the best chance of success without the need to appeal a rejection by the UKBA. it would cost around £700-1000+VAT. You can find immigration solicitors near you here:-

 

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Expert:  Thomas replied 3 years ago.
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