How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6536
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

hello i am a gay man i am white and born in the uk wales.

Resolved Question:

hello
i am a gay man i am white and born in the uk wales. i have met and have a relationship with a chinese guy and we would very much like to commit to a civil partnership. i am struggling to the correct pathways to start the process and continue it throught hopefully to a successful conclusion.. i was also wondering if my partner would have to travel to china to complete the process (not ideal given the chinese overall view of homosexuality) please help i have done some research on internet but am still confused thanks martin
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi Martin

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. What is his immigration status in this country please

Kind regards.

Tom

Customer: replied 3 years ago.
He is on a temporary student visa which he needs to renew in august
Expert:  Thomas replied 3 years ago.
Hi

I'm now out for the evening unfortunatley and on my phone.

Will be able to answer at 1000 bst tomorrow.

Can you tell me what tier visa it is and for how long it was granted please

Tom
Customer: replied 3 years ago.
One year tier 4
Expert:  Thomas replied 3 years ago.
Thanks.

I will be able to help

Kind regards

Tom
Customer: replied 3 years ago.
Ok thanks
Expert:  Thomas replied 3 years ago.

 

Good Morning Martin,

 

Thanks for your reply.

 

There is no restriction on you both having a civil partnership provided you can both verify your respective identities, so there is no problem on this front.

 

Once you have been partnered then your partner will have to make an application for a civil partner's visa. The criteria for obtaining this is as follows:-

  • § you are married to or the civil partner of a person who is present and settled in the UK (certificate);
  • § you and your husband, wife or civil partner will both be at least 21 years old (Birth certificate/passports;
  • § you have met your husband, wife or civil partner (correspondence, shared bank accounts/utilitiy bills/tenancy agreement/, photos;
  • § you have not remained in the UK in breach of the immigration laws (evidence of his current visa)
  • § your marriage or civil partnership did not take place after a decision was made to deport or remove you from the UK (statements made by him confirming that he has remained here legally and has not breach the terms of his visa;
  • § you and your husband, wife or civil partner intend to live together permanently as husband and wife or as civil partners, and the marriage or civil partnership is existing and genuine (not a 'marriage of convenience', for example) (statements, evidenc e of accomodation where you shall both live
  • § you have adequate accommodation where you and your dependants can live exclusively and without help from public funds (evidence of accomodation (land registry official copies or tenancy agreement)
  • § both of you will be able to maintain yourselves and any dependants adequately without needing public funds. (bank statements going back 6 months showing the income/capital you will have availble to you + a budget of monthly income and outgoings show that you will be solvent.

The application will have to be supported by evidence proving the above eligiblity criteria. I have suggested basic documents above, but the list is not exhaustive.

 

He will also have to pass and english language test showing he has a basic command of spoken and listening English. He can find out approved test providers in her area by contacting the UKBA.

 

He will need to apply for settlement (ie. spouses visa) by using form FLR(M) Settlement, available for download from UKBA's website.

 

It would be best for either a solicitor in the UK to prepare it in consultation with both you and your wife before submitting it.

 

It would cost around £800-1000+vat for a solicitor to prepare it on your behalf, or around £300+vat for them to check it. They can prepare it before you leave so that once you are married she can submit it straight away.

 

You can find Uk immigration solicitors through the following Law Society Website search engine:-

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

 

The UKBA aims to reach a decision on all applications within 6-8 weeks of submission.

 

He will receive a visa for a period of 27 months. Once he has been here for 24 months and you are still together as civil partners he will be able to apply for indefinite leave to remain here so that he can live here free from immigration time restrictions. 12 months after that he can apply to naturalise as a UK citizen provided he meets the eligibility criteria and thereafter obtain a UK passport if he so wishes.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 3 years ago.

i notice some of this is relating to man /woman relationships do the same things apply to civil partnerships

he has not broken his visa terms but he did take two months away from studies at an english school to visit a very sick relative is this ok

we are very much above board so hopefully wont have problems

wot you are saying is we can have civil partnership then sort out some legalities after

Expert:  Thomas replied 3 years ago.

Martin,


It applies to civil partners as well - the specific eligiblity is taken from the UKBA guidance on their website.

 

Provided his time away from the country did not impact on his attendance to a sufficiently detrimental degree that the college/ukba took enforcement action then he will be fine. He should explain the absence in this supporting statements in the applicaiton though.

 

Previously, foreign nationals wishing to marry in the UK had to apply for a certificate of approval from the UKBA in order to marry. This was required by the registry office before marriage could be affected but it has now been abolished. All that is require is for you to verify your identities before the ceremony. They will walk you through it.

 

Trust this clarifies, if so please click accept.

Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6536
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 
Chat Now With A Solicitor
Thomas
Thomas
Solicitor
6536 Satisfied Customers
BA (Hons), PgDip, Practising Solicitor