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, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I am planning to enter into a civil partnership with my girlfriend

This answer was rated:

I am planning to enter into a civil partnership with my girlfriend who is a British citizen living in London. I currently live in Dubai and we plan to formalize this partnership in London. My question is:

1- How soon after we get our civil parternship certificate can I apply for a visa under the Civil Partner arrangement (

2- How much in maintenance funds do I have to show in my account

3- Will her financial status affect the decision? Do we have to submit evidence of her income? If she is currently unemployed, will that affect the decision even if I can prove that I have enough money to cover my own expenses?

4- Is there an indicative range for how much I need to have in maintenance funds, assuming she is unemployed?

5- Will the fact that she has recently accessed public funds impact the decision?

Thank you in advance..

Thanks for your question .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. What nationality are you
2. Is she currently unemployed?
3. If she is employed, how much is her annual income?
Kind regards.

Customer: replied 5 years ago.
Hi Tom, Please see my answers below:

1- I am Sudanese

2- She is unemployed now (not sure if she has claimed any unemployment benefits or is she living off her savings)

3- Answered in 2


Do you anticipate having an offer of employment in the UK at the time you make your application and, if so, at what salary?

Do either of you have savings?

I have to leave the office now, I will be able to answer your question in about an hour. Trust this is okay.

Kind regards,

Customer: replied 5 years ago.
Hi Tom,

I have been talking to few potential employers but there are no concrete offers so far, although things might change in the next few weeks. The offers for these positions is in the 30k range, but again, no firm offers yet.

I do have savings which are about 35k GBP

Take your time, no rush..

Thanks, XXXXX XXXXX or so now.


Thanks for your reply.

There are new rules coming in on 9th July which alter the eligibility criteria to the extent that applications for fiancé/spouse/civil partner visas in that the UK based spouse must earn a minimum income threshold of £18,600.
This will doubtless be challenged by individuals who do not meet the criteria, or whose circumstances are different (eg. Where one has significant savings but no income) and no-one really knows what’s going to happen, including we practitioners.
You do not meet the criteria at present, but if you are able to secure a job offer that will pay in the 30k range and you have the savings that you refer to then I would say that you are reasonably well placed to challenge the inevitable rejection by the UKBA on appeal. However, you would certainly have to pay legal fees for a solicitor and barrister to act in your appeal. These could range from £2000-3000 so it’s fair to say that it’s a risk.

It would be less of a risk if your partner could secure a job a shade below the salary threshold so that your job/savings could also be included.
The financial part of the criteria in addition to the above is that you must be able to show that you are able to support/accommodate each other without accessing public funds. The position is technically that no more in public funds should be claimed as a result of you being here than is already the case, so the fact that she has claimed benefits is not fatal to your application but the bigger problem is still the salary threshold
Your choices are to wait for a few months to see how the challenges to the rule go and then act apply on the basis that your situation is similar to a successful challenger, or to apply immediately and seek to challenge it yourself.

Sorry it could not be better news.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you Tom.

I just wanted to check with you that if I have eventually been offered a job above the 18,600 limit, will the employer still have to seek candidate from within the UK first and as a priority before extending the offer to me or will this does not apply in my case. In other words, does the employer have to seek candidates from the UK or EU and have the job offer certified by authorities in the UK or can then just make me the offer based on my qualification and I can then include it in my visa application under the spouse category?

Thank you for your detailed answers
I will answer at 9 bst

Customer: replied 5 years ago.
Thanks Tom, please take your time, no rush.

Your prospective employer can make you an offer of an employment contract subject to grant of leave to remain. Like I say there is a lot of uncertainty about how the rules will work but if you are there number one candidate then there is nothing prevent them offering you the Contract subject to visa aproval.

Customer: replied 5 years ago.
Thanks Tom. Finally, can I switch to this spouse visa if I am in the UK under a Tier 1 Entrepreneur visa and can prove that my business is running smoothly instead of accepting a job offer?

Best Regards

Yes, provided you have observed the conditions of your current visa.

You would have to do so by submitting form FLR(M)

Customer: replied 5 years ago.
Thanks Tom, observing the conditions of my visa being that I am legally in the country and have registered the new business or are there any further requirements.

Appreciate your help..

This is probably a separate question, but I will answer.

Essentially it means that:-
1. you have not accessed public funds (no benefits paid by the state
2. You have registered with the police
3. you have not undetajen employment other than working for the business or businesses that you have established, joined or taken over.

Kind regards,

Thomas and other UK Immigration Law Specialists are ready to help you