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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi I am a British Male and I am in a civil Partnership with

Customer Question

Hi

I am a British Male and I am in a civil Partnership with a Brazilian female. The Civil Partnership is fairly common in Brazil between heterosexual couples but in the UK I understand that civil partnership is not common unless same sex.

The name of the Civil Partnership is called a Uniao Estavel (Stable Union) and is on the list by the UK home office for accepted civil partnerships but my question is would this be valid for applying for a UK Partner visa for Heterosexual couples also (it is in Brazil).

Also, I left work in the UK last October and my salary was circa £35k at time of leaving however I received a redundancy payment of circa £20k in October last year. From Dec 12 to June this year I lived in Brazil. I have since returned to UK and am due to start a job on 23rd September – Salary higher than my last role mentioned. I therefore believe I meet the financial requirements under Category B Part 5.4. Is this correct?

Thanks

J
Submitted: 12 months ago.
Category: UK Immigration Law
Expert:  Howard replied 12 months ago.
Absolutely correct - you have obviously done some research!

You obviously need to ensure that your previous income claimed falls within the previous 12-month period and that the employer letter clearly states the income you will receive.

Feel free to ask if you have further questions.
Customer: replied 12 months ago.


Hi Thanks for the answer on the financial side of things, but could I please get your answer on the Civil Partnership for heterosexual couples?


I have read



January 2013 IMMIGRATION DIRECTORATE INSTRUCTIONS


Annex H


CHAPTER 8


SECTION 2 Civil Partnerships


 


which is aimed at same sex couples which states that Uniao Estavel is valid, but would this be the same for opposite sex couples?


 


I personally think if valid for same sex it should be valid for opposite sex as long as it is valid in the country that issued it (Brazil - which it is)


 


I have seen conflicting info?? Can me and my partner apply as civil partners?


Thanks

Expert:  Howard replied 12 months ago.

I take it that you have not been living together for at least 2 years?

 

The Civil Partnership should be accepted regardless of gender if it is legal in the country in which it was registered. if you have shared financial responsibilities or bank accounts then this also helps to show that the relationship is genuine and subsisting - especially useful if the relationship is fairly recent.

 

The confusion is caused due to registration of a Civil Partnership only being for same-sex couples IN THE UK. The Civil Partnership Act 2004 states that a same-sex overseas civil partnership is not accepted (section 216 of http://www.legislation.gov.uk/ukpga/2004/33/part/5/chapter/2). This can cause confusion but I have checked with the Home Office in case anything has changed and been informed that the Civil Partnership WILL be accepted.

 

Your Civil Partnership was registered outside the UK and the requirement should be that it is legally recognised in the country in which it was registered. This does not mean that whoever assesses your application might not be confused about this for the reasons stated.

 

The point is that the relationship should be genuine and subsisting and so a Certificate of Civil Partnership should be accepted if this is a legal recognition of your relationship in Brazil. You should still provide other evidence such as joint accounts and evidence of living together where possible to confirm that the relationship is genuine and subsisting.

Customer: replied 12 months ago.


Hi


Thanks for the reply. That is good news.


 


No we have not been living together 2 years, we have known each other since October 2010 but only started a relationship in January 2012 and our Civil Partnership was May this year. We lived together in the UK for 6 months (student visitor visa I sponsored her for) last years and from Dec 12 - Jun 13 in Brazil.


 


The Uniao Estavel is indeed recognised in Brazil. It is common for couples who don't necessarily want to get married or who can't (ie same sex couples) to have a Uniao Estavel. I have actually entered into a visa application in Brazil on the basis of it - although plans have since changed :)


 


Is there somewhere on the home office website that I can print out to put in the application stating it will be accepted as to try and point the application processor in the right direction. Or should I write a letter with the application stating about the uniao estavel?


 


We have joint bills from the time in the UK and a joint uk account, but it wasn't used much as she wasn't allowed to work. But I have a joint council tax and water bill from her time there and which is still in our names now. From my time in Brazil, we don't have much joint stuff as I wasn't allowed to open a bank account as you can't without residency and also we were staying at her family home so bills not in either of our name. But maybe I will get a letter from her mum stating we stayed there.


 


Hopefully that will be enough? (along with the mountains of other paperwork they want)

Expert:  Howard replied 12 months ago.
I would not include joint council tax bills from her time in the UK as she was only a visitor, but other items showing you living together would not hurt. The main things to consider are that you are in a recognised civil partnership, that you have lived together, that she meets the English Language requirement and that you meet the financial requirement.

Section 4 of the following should be useful but I would suspect that they will be aware of the situation anyway:

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section2/annexh.pdf?view=Binary

Please remember to rate the service that I have provided and I wish you the best of luck with the application. If you require further assistance in future then please do not hesitate to ask for me by starting your question with UKVisas or asking from my profile page.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
Howard and 3 other UK Immigration Law Specialists are ready to help you
Expert:  Howard replied 11 months ago.
Please remember to rate the service that I provided to you.
Expert:  Howard replied 11 months ago.
James,

I spent some time providing you with answers to your questions so please remember to rate the service that has been provided.
Customer: replied 11 months ago.
Hi, I did rate the service already on your last answer
Expert:  Howard replied 11 months ago.
Sorry - system message that should have been cleared!
Customer: replied 11 months ago.
Hi
Sorry to disturb but I have a quick query relating to the first part of my question above.
When filling out the application form and the financial requirement part it asks...

is your sponsor currently employed in the uk? Is this yes or no considering I start on the 23rd sept my new job. I have checked yes.
I have also checked 3.13 as yes.

Is it ok to submit like this?
I was also considering 3b as it says do you have a job offer within 3 months (yes) I have just returned from living 7 months in brazil but I didn't work overseas therefore I think 3a more relevant.

If you agree 3a the best route, am I better waiting until 23rd sept and I have started before we apply? Or does it not matter. If you recommend waiting does the application date count as the date submitted on the Internet or date of the appointment to submit docs?

Cheers

Expert:  Howard replied 11 months ago.
If you will be employed at the time of the application being submitted then you can say yes and supply employer letter.

If you have not yet started the job when the application is submitted then 3b would be more suitable. Again, the employer letter will be required to confirm the role, salary and start date.

It does not really matter which route you choose - just make sure you choose the correct one based on the situation at the time you apply.
Customer: replied 11 months ago.
Hi
Thanks for the reply. I wasn't sure if 3B was valid for me as I wasn't employed abroad and it states on the form if I was employed abroad. Whereas 3A states employed in UK. Although I personally don't understand what difference it should make! The differences between them seem a bit silly.

Can you confirm when you say the application submitted do you mean submitted online or when submitted in person? We have to submit online and then it gives us an appointment to take the docs in person. Would it be when we take the docs or when we submit online. Just trying to decide if we can submit online today and do an appointment on 23rd sept or have to wait till 23rd sept to submit the application online.
Cheers
Expert:  Howard replied 11 months ago.
You must choose the option that is correct for what you are doing - you are not under 3B as you are not claiming income from overseas. Apologies for any confusion - I meant category B within 3A - with your current employer less than 6 months.

Looking again at this I think you are best applying once you have started the new position and claim based on the annual salary that you will receive. You do of course also need to evidence the previous 12 months. That would be the simplest way to meet these ridiculous and discriminatory rules. Even simpler is having sufficient savings where possible.
Customer: replied 11 months ago.

So I take it from your answer the application date is from is when submitted online, not from the date application and evidence is handed in at the Visa office?


 


If so I will delay until a week on tuesday when I will have been in the job a day. Agreed the rules are ridiculous. Thanks for the help again. On favourable acceptance of my visa I will look to give you a bonus for your assistance on here.


 


Thank you


 


 

Expert:  Howard replied 11 months ago.
Embassies can can tend to make things up as they go along and misinterpret rules. By making sure that the situation is not different between the online application date and the date on which the application is physically submitted you have covered all bases and it is the safest way to proceed. Waiting until you have started employment so that you can supply a letter to confirm current employment is the best way to proceed but make sure that the letter clearly states your start date, salary and role and that you also suitably evidence your income over the last 12 months.

I assume that you have carefully read all other requirements, including the English Language requirement.

I wish you the best of luck with your application - let me know how it goes!
Customer: replied 11 months ago.

Hi, I think I have read everything and have everything correct I have...


New job offer letter


New job contract


New job Start date


New job relocation policy (they pay rent for me)


Last 6m payslips from last job I had (2012)


Corresponding bank statements to above payslips


Confirmation of my redundancy, start date and salary of last role.


Letter from my step dad who is also my landlord stating he supports application and we can continue staying at his house plus his mortgage statement


Notarised letter my step dad wrote in support of my Brazilian visa application.


English exam - Cambridge FCE at B2 level


Entry to above exam


Cert from English school


Phone statement from Jan 12 to May 12 (we have lived together after that)


Various flights for me and her visits to and from UK/Brazil


2 life insurance policies in brazil, 1 in my name 1 in hers, 1 with her as beneficiary and other with me as beneficiary


last 6m bank statements


appendix 2 of the application form


letter from her mum saying we stayed at her home from dec 12 - jun 13


copy of my passport and brzil entry stamps.


copy of my driving license confirming my uk address (same property my step dad saying we can stay at)


Birth cert x 2


History of relationship and explain our plans. 1 from me 1 from her


civil partnership cert


civil partnership translation


copy of printout from HO website showing uniao estavel valid


2 uk water bills in joint names


M&S credit card joint account


2 joint bank account statements


 


Hopefully that's enough? :)


 

Expert:  Howard replied 11 months ago.
If you are applying after you have started your job then you should include an employer letter - the documents you have mentioned confirm an offer but do not necessarily confirm that you have started.

Other than the above and a passport photograph the items mentioned should suffice.

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