Civil partnership US travel

Hello,

I am a USC and my partner is UKC.

My partner and I are in a civil partnership and I am trying to figure out if he can travel back to the US with me. I know we would need to bring the documentation but I can’t figure out if this will be allowed since we are not married.

Any advice most appreciated!

Keila

Here's a link to the presidential proclamation that remains in effect.  Sadly, I don't think civil partner qualifies as an exception to the policy.

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/25/proclamation-on-the-suspension-of-entry-as-immigrants-and-non-immigrants-of-certain-additional-persons-who-pose-a-risk-of-transmitting-coronavirus-disease/

There have been news reports saying that the administration is working on a policy requiring foreign visitors to be vaccinated.  The policy would be implemented as the travel restrictions are lifted.  But I didn't see any indication of when it would be implemented.

I just don't understand. The US Embassy website says that if the civil partnertship is legally equal to marriage -- then this works. As far as I am aware, civil partnerships are legally equal to marriage in the UK...


https://uk.usembassy.gov/visas/u-s-visa-and-travel-faqs/ [nofollow]

My partner/civil partner is a U.S. citizen or LPR. Are they considered a spouse?The Department of State’s definition of spouse is “Legally married husband or wife. A co-habiting partner does not qualify as a spouse for immigration purposes. A common-law husband or wife may or may not qualify as a spouse for immigration purposes, depending on the laws of the country where the relationship occurs.” This also applies to civil partners; please contact the authority that conducted your civil partnership, or within which your common-law partnership exists, to clarify if it is considered legally equal to marriage, including for immigration purposes.

Civil partnership is recognised as equal to marriage in the UK for the purposes of immigration, so I would say it was equivalent to marriage for the purposes of the proclamation exemptions based on what you've posted. Obviously I'm not an expert! You may need to bring some extra documentation, e.g. showing the legal status of civil partnership in the UK and how it is recognised for immigration purposes here when you travel.

https://www.gov.uk/uk-family-visa/partner-spouse

Always tricky to find a definitive answer to anything when it comes to US laws/rules!

Hi @Keila
I'd be really curious to know if you've found any more information/confirmation about this?

I'm a USC hoping to travel with my UKC partner in a few months and not expecting the travel rules to change anytime soon. We were considering entering a civil partnership or possibly just getting legally married (we were supposed to get married in april 2021, September 2021 and now postponed to April 2022 due to covid)...
If it means we can travel together we'd get the sheet of paper to say we're in a partnership/married and then just have the ceremony/wedding celebration whenever we get to it.

All seems really ridiculous and frustrating!!

I just don't understand. The US Embassy website says that if the civil partnertship is legally equal to marriage -- then this works. As far as I am aware, civil partnerships are legally equal to marriage in the UK...


https://uk.usembassy.gov/visas/u-s-visa-and-travel-faqs/

My partner/civil partner is a U.S. citizen or LPR. Are they considered a spouse?The Department of State’s definition of spouse is “Legally married husband or wife. A co-habiting partner does not qualify as a spouse for immigration purposes. A common-law husband or wife may or may not qualify as a spouse for immigration purposes, depending on the laws of the country where the relationship occurs.” This also applies to civil partners; please contact the authority that conducted your civil partnership, or within which your common-law partnership exists, to clarify if it is considered legally equal to marriage, including for immigration purposes.

I’d contact the US Embassy for clarification.  While it seems crazy that it would NOT be allowed, it’s a long flight to find out!

Hi @Mrose24
I have found no more information... I have emailed/called everyone I can think of, incluing immigration lawyers in the US and UK. I have also contaced the  US Embassy. The reply I got is below. It is extremely unhelpful. I don't know who else I could contact....My mom is travelling home from Europe in a few weeks, aside from having her ask an immigration officer what they think, I don't know who else to ask!

_________________________________________
Thank you for your email.   
 

Please see our website at https://uk.usembassy.gov/visas/u-s-visa-and-travel-faqs/ [nofollow] which provides comprehensive information and FAQs about the Presidential Proclamations and travel restrictions in effect at this time, as well as important information about visa operations and appointments. This includes updated information for LPRs, fiancés, students, people currently in the United States, and individuals who obtained a national interest exception to travel and now have an urgent reason to return to the United States. 

 

Please keep checking that website regularly as that is where we will share updated information about Presidential Proclamations, travel and visa services as soon as it is available.   




Sincerely,