Hello
Guest

Sponsored Links


Topic: Can Two Gay Yanks get a Civil Partnership?  (Read 777 times)

0 Members and 1 Guest are viewing this topic.

  • *
  • Posts: 162

  • Liked: 0
  • Joined: May 2005
  • Location: CA/England
Can Two Gay Yanks get a Civil Partnership?
« on: January 29, 2006, 12:37:08 PM »
Ok, after much searching and some emails, I still can't find a clear answer, that "no," two non-British citizens can not obtain the new Civil Partnership.  Is it ONLY for citizens and/or bi-national couples?  Is there any form of legal rights and protections we can register for as a couple of 8 years?

My partner and I are here on 5 year work visas and at this point have no plans in going back to the states.  Can anyone give us advice on what to do, both regarding the CP and the things we should be doing to prepare for the next stages in immigration?  Do we have to wait the 4/5 years or is there a quicker way?

Many thanks,
Grant



The world we have created is a product of our thinking;
it cannot be changed without changing our thinking.
                                                        ‹ Albert Einstein


  • *
  • Posts: 24035

    • Snaps
  • Liked: 11
  • Joined: Jan 2005
  • Location: Cornwall
Re: Can Two Gay Yanks get a Civil Partnership?
« Reply #1 on: January 29, 2006, 12:47:37 PM »
Grant: I put my researcher hat on and found this website: http://www.womenandequalityunit.gov.uk/civilpartnership/findout.htm#register%20as%20civil%20partners

... which says the following:
Can my partner and I register as civil partners even if he or she  isn’t a UK or EEA citizen? 

There are restrictions where either of the proposed civil partners is subject to UK immigration control.  A person will be subject to immigration control if they are not an EEA national and they require permission to enter or remain in the UK. EEA stands for European Economic Area and, for this purpose, includes Norway, Iceland, Liechtenstein and Switzerland as well as the European Union countries.

The civil partnership provisions for persons subject to immigration control are exactly the same as those already in place for spouses. People subject to immigration control who wish to give notice of a civil partnership will need to do so together at a Register Office designated for that purpose.  A list of these offices is available at  www.ind.homeoffice.gov.uk

When they give notice, they will be required to produce one of the following:

entry clearance granted to form a civil partnership;

a Home Office certificate of approval;

indefinite leave to remain in the UK.

Registrars are required to report any civil partnerships to the Immigration Service if they have suspicions that it is being entered into as a means of circumventing immigration control.


According to the actual Civil Partnership Act (http://www.opsi.gov.uk/acts/acts2004/40033--c.htm#3), it seems that the only requirement is that you reside in England or Wales for the 7 days prior to the wedding.

I'll bet there are couples in the US coming over here to get married. You might want to check out some American gay/lesbian websites to see if they're recommending that. If so, then it's definitely A-OK!

But it sounds to me like you won't have any problem at all! Good luck to you guys!!
My Project 365 photo blog: Snaps!


  • *
  • Posts: 162

  • Liked: 0
  • Joined: May 2005
  • Location: CA/England
Re: Can Two Gay Yanks get a Civil Partnership?
« Reply #2 on: January 30, 2006, 12:24:47 PM »
Thank you Belindaloo (I like your Wilde quote by the way). 

But unfortunately I'm still in the same place - the information you found is similar to what I have found - everything pivots on an assumption that the same-sex partners are either both citizens or only one is a non-citizen.  There's never a clarification that two non-citizens can or cannot register.   

And I can't seem to find much about Americans coming here specifically to get married.

I've sent out a few emails to a couple agencies with no answer yet.  So if anyone else has any information, please let me know.
many thanks,
Grant



The world we have created is a product of our thinking;
it cannot be changed without changing our thinking.
                                                        ‹ Albert Einstein


Re: Can Two Gay Yanks get a Civil Partnership?
« Reply #3 on: January 30, 2006, 12:46:21 PM »
hi Grant,
Have you tried looking here, at Stonewall's website?  This link is to their page on CPs:

http://www.uklgig.org.uk/Civil%20Partnership.htm

At any rate, good luck to you both!


  • *
  • Posts: 31

  • Liked: 0
  • Joined: Apr 2005
  • Location: Brixton
Re: Can Two Gay Yanks get a Civil Partnership?
« Reply #4 on: January 30, 2006, 02:23:34 PM »
I thought I read somewhere that 2 non-UK/EU citizens can register a Civil Partnership in the UK even if they weren't planning on residing in the UK. I believe in addition to the proposed CP visa, they would need a Certificate of Approval.  I could be wrong, but you can also skim through the immigration board at http://uk.gay.com for information.
« Last Edit: January 30, 2006, 02:25:41 PM by djmarek »


  • *
  • Posts: 162

  • Liked: 0
  • Joined: May 2005
  • Location: CA/England
Re: Can Two Gay Yanks get a Civil Partnership?
« Reply #5 on: January 30, 2006, 11:04:40 PM »
GREAT NEWS!  I finally got the Clarification!  And it's a yes! but it's not cheap! ;-)     I guess that means a 5th binding legal document for this nomadic gay couple, from wills and power of attorneys, then the domestic partnership, then a SF marriage license (later unconstitutionally voided  by the courts), then a gay marriage license from Massachusetts, NOW the UK Civil partnership!!!  yippee, add to our collection of loving historical records of triumph over inequality.  ;-)
Below is the email from the immigration home office.  Hopefully it will help any others out there wondering the same question. 
Cheers!
Grant
Dear Sir

Thank you for your enquiry.

People subject to immigration control who are already in the UK
will be required to apply for a certificate of approval. In order to
qualify for the certificate, applicants must have been granted
more than six months leave to enter or remain from the date
they were admitted into the UK and must have three months
leave remaining.

The application form required is: COA(M/CP) and is available on
the IND website: www.ind.homeoffice.gov.uk or by calling on
0870-241-0645. Applications have to be made by post.
A fee of £135 is payable. Public Enquiry Offices will not be able
to deal with certificate of approval applications.

The certificate of approval is valid for three months from the date
it is issued or to the date when the applicant's leave to enter or
remain expires (if this is less).

If two people subject to immigration control, who are both already
in the UK want to get married, they will both need to make separate
applications and each pay a fee for their certificate of approval.

People subject to immigration control who do not qualify for a
certificate of approval, must return to their country of origin, or the
country in which they are normally resident and apply for entry
clearance as a fiancé/e or a marriage visitor from a British
Diplomatic Post abroad.

As a work permit holder you can apply for Indefinite
Leave to Remain after 4 years in the work permit
category. The earliest you may submit an application is
up to 28 days before the completion of your 4th year.

Any short absences due to paid leave or business trips
are acceptable.

There is no set amount of time you can remain out of the
UK, however absences will be taken into consideration
by the caseworker and an extension maybe granted rather
than settlement, to make up the 4 years.

The Home Office must be satisfied that the applicant
has spent a continuous period of 4 years in approved
employment.

In order to apply you will need the application form: SET(O).

All details and instructions are included with the form.

Yours faithfully

Tim Bede
Managed Migration



The world we have created is a product of our thinking;
it cannot be changed without changing our thinking.
                                                        ‹ Albert Einstein


  • *
  • Posts: 24035

    • Snaps
  • Liked: 11
  • Joined: Jan 2005
  • Location: Cornwall
Re: Can Two Gay Yanks get a Civil Partnership?
« Reply #6 on: January 31, 2006, 07:36:53 AM »
That's excellent news, Grant!  :)
My Project 365 photo blog: Snaps!


Re: Can Two Gay Yanks get a Civil Partnership?
« Reply #7 on: January 31, 2006, 09:15:22 AM »
Terrific news, Grant!  When's the big day?  :D


  • *
  • *
  • Posts: 2116

  • Stupid bed!
  • Liked: 0
  • Joined: Jul 2005
  • Location: London, England
Re: Can Two Gay Yanks get a Civil Partnership?
« Reply #8 on: January 31, 2006, 02:50:44 PM »
Congratulations! Best wishes to you both!
Forty is the old age of youth; fifty is the youth of old age
               - Victor Hugo-
***********************************************
Happiness is having a large, loving, caring, close-knit family
.......in another city.
              -George Burns-
***********************************************
The leading cause of death among fashion models is falling
through street grates.
               - Dave Barry -


Re: Can Two Gay Yanks get a Civil Partnership?
« Reply #9 on: January 31, 2006, 05:09:18 PM »
great news Grant.  :)


Sponsored Links





 

coloured_drab