same sex partnerships / visa

Oh that's great news now you just have to pop the question!! and get on with it before GWB or the Supreme Court does anything stupid to prevent it!

but that is under the PROPOSED act in the UK...not passed yet. I have found out from others, that the San Fran marriage would still not be valid in the UK...

Oh really? my understanding was that if the marriage is legal in the place where the ceremony took place it will be recognised here for immigration purposes. I read that somewhere on the Home Office ages ago website but of course I can't find that bit now so maybe it changed.  

found it! here is the link, see the section headed up "Marriages overseas" if it's legal in the country where the marriage took place then they will recognise it.  So the question you need to be looking it is whether the marriage is valid in the USA, if the answer is yes you can't be excluded from the spouse visa provisions.

http://www.ind.homeoffice.gov.uk/default.asp?PageId=3975

Here is another link to "marriage in the uk" from Home Office website http://www.ind.homeoffice.gov.uk/default.asp?PageId=2555 [nofollow]

Edit: Fixed link.

Sorry , try again http:// [nofollow] www.ind.homeoffice.gov.uk/default.asp?PageId=2555 [nofollow]

This is what I found on that website as well....so it's possible, but still isn't a definite thing. I'll need to look up that INPD(L) section, whatever that is... I'm going to start putting together our book of 'proof' this week. Loads of emails, letters, plane tickets, pictures, phone bills... and she will be here two weeks, so we can start our co-habitation. I think what we need is some time, and a good solicitor...Thanks so much for the leads. Every bit of info helps! My partner & I are determined to make this happen!


10. Common law and same sex relationships

10.1 A common law "marriage" is one which has not been contracted in accordance with civil or ecclesiastical laws but:
was entered into by private agreement; and
has existed for a long time; andseems permanent

10.2 Such marriages are sometimes accepted for immigration purposes, as are same sex partnerships.

10.3 Since "marriage" for the purposes of the British Nationality Acts means marriage that is recognised for all purposes as subsisting according to English law. Common law relationships cannot be treated as marriages for nationality purposes (i.e. to establish an automatic claim to citizenship, or eligibility for registration/naturalisation, or for the purposes of the fee concession in joint applications for naturalisation).

10.4 The same will normally be true of same sex relationships. Any application or claim based on a same sex relationship should be referred to INPD(L) Policy Section.

does anyone know if there are any alternative options to building on the 2 year cohabitation rule, other than the student option? i think this is a realistic one, but i know its also an expensive one!

Im a bit unsure about whether a marriage in San Fran would work if the relationship is a relatively new one and a long distance one, was there any info regarding this?

Are their other countries in the EU for example who would accept same sex partnerships without a 2 year rule. They will of course have their own rules..no doubt, but may be less strict.

how can we build a 2 year cohabitation without entry clearance into each others countries is the impossible ques!! especially if visits do not count!

There are a number of EU and non-EU options besides the UK. See

http://www.stonewall-immigration.org.uk/Newsletter.htm#GERMANY

Please note: Student-visa holders in the UK are allowed to work to a certain extent. The Student visa should suffice to build up the 2-year history.

My understanding from a solicitor is that visits DO count. So perhaps you need to seek advice from a qualified solicitor who has experience in making these applications. I HIGHLY recommend this. Trying to do this on the cheap is probably only going to hurt you at the end of the day.

If the relationship is of long-standing (but you have difficulty meeting the 2-year cohabitation period), I would also HIGHLY recommend going to see a solicitor with experience in this field who may advise filing an application with a request to waive the 2-year cohabitation on EU Human Rights grounds. The European Convention on Human Rights was only recently expressly incorporated into English law and it may very well affect the way such a waiver request is considered at IND and/or in the English courts.

I would not have a problem investing the money in a solicitor. I understand it could be hundreds of pounds per hour. Does anyone have a clue of the average hours that have been spent on past cases ? Even a ballpark idea ?

Spike,

The Stonewall site (http://www.stonewall-immigration.org.uk) says that a straightforward application should take 5-6 hours.  

If you look at the websites for Matthew Davies (http://www.wilsons-solicitors.org.uk/) and Wesley Gryk (http://www.gryklaw.com/) you can get some indication of typical solicitors' fees.  Both of them are experts in same-sex migration.

thanks!!! i'll have a look. don't think we're quite ready for it yet, but just trying to figure out all options. it's probably cheaper than taking out major amounts of student loans!

Visits do count up to a point. You cannot achieve the 2-year period on visits alone. In my case, We had 1 year of living together and 1 year of visits before we applied under the Rule. When we were interviewed by the HO, they refused to accept one full year of visits they only allowed 6 months of visits, so we were  six months short of 2 years . However, they gave me a six months visitor visa, on compassionate grounds ,to allow us to achieve the threshold. My partner was very sick at the time .( he had to attend the interview in a wheelchair)

The German Solution sounds fine as long as you stay in Germany for the best part of 2 years.  Having been granted a German resident permit does not mean you can come to settle in the uk, you will still have to comply with uk immigration rules.

UK immigration and EU Human Rights (Article 8- the right to respect for private life) - In order for Article 8 to be engaged, you need to have established a private life together in the uk. An interference with one's private life is lawful for the purposes of maintaining an effective immigration policy. The question is whether such interference is proportionate to any legitimate aim. According to HO IDI's, a decision is likely to be disproportionate if the applicant has lived in the uk for a long time. So you're back where you started.

I think a sudent visa is the best option if you want to come straight to the uk. It does not have to be expensive and you are allowed to work for 20hrs per week.

Guy, thanks for the info...I've found that most post grad programs i'm looking into are one year/full time, which is cool. but i was also thinking about taking the course part time, and taking additional courses to keep a full time status. then i could possibly get two years to complete my program. does anyone know if that's acceptable? maybe i should be posting in the student lounge for that...

Hey, thanks for the useful info. Guy, If you dont mind me asking what kind of visits were they? long or short term? and why did they only accept 6 months and not 1 year?

Im heading out for 3 months and hopefully that will count for something.

Your right, the student route will get Spike in the UK to be able to build our 2 years cohabitation. It seems like the best option so far. The EU alternatives seem possible but very complicated, as well as round about.

Now all we need to figure out is how straightforward it is for Spike to get a student visa!

student conditions will probably be more straightforward...i hope