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:-
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.
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