Civil Partnership & Visa Application.

Hi,

I'm from the UK and my partner is from America.  My partner & I intend to form a civil partnership to facilitate his future settlement / family visa application.  I understand he needs a 'Marriage or Civil Partnership Visitor visa' in order for the civil partnership to take place.  But, in order for the civil partnership to go ahead, the local registry office requires proof of residency?!?

My understanding is that he cannot live here without a settlement / family visa, and for that to happen, he needs to be either married or in a civil partnership.  But in order for the civil partnership to go ahead, he needs to live here?

Hi,

I'm from the UK and my partner is from America.  My partner & I intend to form a civil partnership to facilitate his future settlement / family visa application.  I understand he needs a 'Marriage or Civil Partnership Visitor visa' in order for the civil partnership to take place.  But, in order for the civil partnership to go ahead, the local registry office requires proof of residency?!?

My understanding is that he cannot live here without a settlement / family visa, and for that to happen, he needs to be either married or in a civil partnership.  But in order for the civil partnership to go ahead, he needs to live here?

It is kind of like that, yes, but you would need a prospective civil partner visa. It would be much easier though to form your civil partnership in the US first and then apply directly for the civil partner visa.

Welcome to the forum.

If you wish to register the civil partnership (or marriage) in the U.K., he will need to apply for a 6-month ‘Marriage/Proposed Civil Partnership’ Visa first, which allows him to move to the UK first, then marry/register the civil partnership and then switch to a 2.5-year Spousal/Civil Partnership Visa

So the visa path is:
- apply for 6-month marriage /PCP Visa... cost £1,523 (plus £573 if using Priority Processing
- he moves to the U.K.
- you register the Civil Partnership
- he applies to switch to an FLR(M) visa as a Civil Partner... valid 30 months, cost £1,033 plus £500 IHS surcharge for NHS use (plus £610 if you apply in person for a same-day decision.

However, doing things this way means applying for 2 visas. Plus he cannot work, study or use the NHS for free until he has the FLR(M) visa.

Alternatively, if you can register the Civil Partnership in the US (or a third country), he could apply directly for a spousal/Civil Partnership visa and skip the marriage visa altogether.

So it would be:
- register Civil Partnership in the US or another country
- he applies for a spousal/CP visa from the US... valid 33 months, cost £1,523 plus £600 IHS surcharge (plus £573 Priority Processing)
- he moves to the U.K. and can work, use the NHS and study immediately



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Thanks for your replies.  We've looked into forming a civil partnership over in America but decided against it as it was too difficult in our situation, at least in his state of Montana anyway, just not possible for us.

Our intended plan was:

1) Him visit here for 2 weeks in October using the 'Marriage or Civil Partnership Visitor visa' and 'give notice' for the civil partnership before returning home.

2) Return in December / January for the civil partnership ceremony.

3) When that's all complete, then apply for the settlement / spouse visa and then move here when that's granted.

Might be worth checking with British Embassies / Consulates in the US to see whether they can offer a civil partnership service.  They do offer this in many countries.

If so, you can have your ceremony over in the US at a British Embassy and be married / civil partnered under English law.  Then you can apply for your spouse visa from the US.

There may be advantages to being married under English law for the spouse visa process, I’m not sure.  But, at the very least, it will make it much easier for them to confirm that it’s a genuine marriage certificate, which could speed up processing.

Tim

There may be advantages to being married under English law for the spouse visa process, I’m not sure.  But, at the very least, it will make it much easier for them to confirm that it’s a genuine marriage certificate, which could speed up processing.

Tim

Nope, no advantages at all. In fact, marrying in the US has many more advantages than marrying in the U.K... which is why the majority of people here on the forum have married in the US and why we always try to persuade people to marry there instead of the U.K.

It’s usually much quicker, cheaper and easier to marry in the US than in the UK.

Marry in the US:
- no visa needed to marry
- no waiting/residency period to marry
- saves applying for one visa
- saves about £1,000 in visa fees as you only need 1 visa
- marriage certificate recognised and legal in UK

Marry in the UK:
- visa is needed in order to marry
- residency period of 7 days (England as Wales) to give notice to marry
- waiting period of at least 28 days (possibly up to 70 days) after giving notice before you can marry
- need to make a second visa application
- so you have 2 visas to pay for


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I wasn’t suggesting marrying in the UK.  I agree that the logistics are easier if you get married in the US.

My suggestion was that British embassies located in the US may offer a service that allows you to form a civil partnership (as opposed to marriage) under English law.  And then that doing that under English law may confer advantage in the spouse visa process (tho’ I’m speculating on this bit).

Hope that make things clearer.

I wasn’t suggesting marrying in the UK.  I agree that the logistics are easier if you get married in the US.

My suggestion was that British embassies located in the US may offer a service that allows you to form a civil partnership (as opposed to marriage) under English law.  And then that doing that under English law may confer advantage in the spouse visa process (tho’ I’m speculating on this bit).

Hope that make things clearer.

Ah, yes, I see what you mean.

However, I don’t believe it makes a difference. The only thing that matters for the spousal visa is that the marriage is legal, regardless of whether it’s under US or UK law.

So, ultimately it’s down to logistics - what works best for your personal situation.

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OK, so I've established that with the Civil Partnership & Marriage Visa, it's not actually possible to have a civil partnership as my partner does not live here.  Even if he visits, it can’t go ahead unless I have documented proof he lives here, such as a council tax bill or a tenancy agreement with his name on it.

Before I postpone the booked civil partnership giving notice appointment, I just want to make sure that it’s possible for my American partner to apply for a ‘Family of a settled person’ visa as a PROPOSED civil partner?

OK, so I've established that with the Civil Partnership & Marriage Visa, it's not actually possible to have a civil partnership as my partner does not live here.  Even if he visits, it can’t go ahead unless I have documented proof he lives here, such as a council tax bill or a tenancy agreement with his name on it.

That's not true, because you can register civil partnerships with a Marriage Visitor Visa, where the visa holder does not live in the UK.

See this page for what documents you need to show them, depending on whether you live in the UK or not:
https://www.gov.uk/marriages-civil-partnerships/foreign-national

So, with a Fiance/Civil Partnership visa, he will need proof of UK address in order to give notice to marry. However, if he has one of these visas, he WILL be living in the UK (even if he returns to the US for a few months, he will have officially 'moved' to the UK on the date he enters with the visa. Since the visa allows him to move to the UK on a permanent basis, he will establish residency in the UK on his first entry... so can you not just add his name to the council tax when he arrives the first time? You should hopefully then get a letter in the post within a few days (you might be able to ask them to send one to confirm his name being added) and then you can give notice to register the partnership, and he can return to the US afterwards.

However, if he only has a Marriage Visitor Visa, in order to give notice, he would just need proof of his US address, since he wouldn't be living in the UK.

Remember, there are two different visas at play here:

1. Marriage Visitor Visa, cost £93, valid 6 months. Multiple entry. Allows him to come to the UK to register a civil partnership without living in the UK, and then return to the US afterwards. He must show he has no intention of living in the UK and has a job and a home in the US to return to

2. Fiance/Proposed Civil Partnership visa, cost £1,523, valid 6 months. Allows him to move to the UK permanently, register a civil partnership and then switch to a Civil Partner FLR(M) visa from inside the UK.

Before I postpone the booked civil partnership giving notice appointment, I just want to make sure that it’s possible for my American partner to apply for a ‘Family of a settled person’ visa as a PROPOSED civil partner?

Why wouldn't it be?

The proposed civil partnership visa IS a family member of a settled person visa... they are the same thing.

'Family Member of a Settled Person' is a subset of many different visa types, including:
- Fiance/Proposed Civil Partnership visa
- Spousal/Civil Partnership visa
- Unmarried Partner visa
- Child Dependant visa
- Adult Dependant visa
- Elderly Dependant visa

They all come under this section:
https://www.gov.uk/uk-family-visa/partner-spouse

We was aiming to do the Civil Partnership & Marriage Visa (£93).  The difficulty we're have is proving his UK address.   To give notice, the registry office require proof of his UK address such as a utility bill, council tax bill or tenancy agreement.  For unclear reasons, it's not straight forward to add him to a utility bill at the moment.  I've contacted the council and they can only add him to the council tax bill if he's on the tenancy agreement.  So the next step would be to contact my estate agent who will then liaise with the landlord regarding adding him to the tenancy agreement.  And at the same time, they will likely charge me £100 - £200 admin fee just to issue new papers and I suppose they will want to carry out reference checks on him.

This goes against what you have said:

However, if he only has a Marriage Visitor Visa, in order to give notice, he would just need proof of his US address, since he wouldn't be living in the UK.

The registry office say they require proof of residency?  So am I getting confused or are they getting their facts wrong (wouldn’t surprise me from experience of talking to them).

We originally thought that his flight ticket showing the date he landed for his temporary visit would suffice  But no.  As this seems overly complex, we're now leaning towards going straight for the 'Family of a settled person' visa (£1,523 + immigration healthcare charge) on the basis that he's a proposed civil partner.

We was aiming to do the Civil Partnership & Marriage Visa (£93).  The difficulty we're have is proving his UK address.   To give notice, the registry office require proof of his UK address such as a utility bill, council tax bill or tenancy agreement.  For unclear reasons, it's not straight forward to add him to a utility bill at the moment.  I've contacted the council and they can only add him to the council tax bill if he's on the tenancy agreement.  So the next step would be to contact my estate agent who will then liaise with the landlord regarding adding him to the tenancy agreement.  And at the same time, they will likely charge me £100 - £200 admin fee just to issue new papers and I suppose they will want to carry out reference checks on him.

This goes against what you have said:

Ah, okay - we're talking about two completely different visas then.... so just ignore most of my advice above.

The £93 visa is NOT called a "Civil Partnership & Marriage Visa", it is called a "Marriage Visitor Visa".

This is the guidance for it:
https://www.gov.uk/marriage-visa

Therefore, it is NOT a family of a settled person visa and is does NOT allow him to live in the UK. To get it, he must prove he has NO intention of living in the UK.

He also:
- CANNOT be added to a tenancy agreement, because that is illegal
- CANNOT be added to any bills or anything like that, because again he does not live in the UK

To get the visa you are talking about, he must show:
- plans to leave the UK within 6 months and return to live in the US
- no intention of ever living in the UK
- enough money to support himself for the entire trip without working
- a job to return to in the US
- a home he is maintaining in the US
- any other ties to the US which prove he will not try to live with you in the UK

And in order to give notice to marry, he won't be able to get proof of UK residence, so he will likely need to follow the following guidance at the bottom of the page I linked to:

If you do not have any of the above documents, you’ll have to pay a fee of £47 and give:

- details of your normal address if it’s different from the address you’ve used to give notice
- details of a UK contact address if your normal address is outside the UK
- details of any previous names and current or previous names or identities that you’ve been known as
- a passport sized photograph

The registry office say they require proof of residency?  So am I getting confused or are they getting their facts wrong (wouldn’t surprise me from experience of talking to them).

- If he has a Fiance/Proposed Civil Partnership visa (£1,523), he must give proof of UK address
- If he has a Marriage Visitor VIsa (£93), it looks like he gives a UK contact address

It can't be that they MUST have proof of address with a Marriage Visitor Visa, because otherwise how would people (even celebrities) be able to have destination weddings in the UK?

We originally thought that his flight ticket showing the date he landed for his tempory visit would suffice  But no.  As this seems overly complex, we're now leaning towards going straight for the 'Family of a settled person' visa (£1,523 + immigration healthcare charge) on the basis that he's a proposed civil partner.

Okay, your options:

Marry in the UK on Marriage Visitor Visa:
1) Apply for Marriage Visitor Visa (£93 plus £194 for priority), showing proof of his home, job and money... takes about 3 weeks to get
2) Marry in the UK, giving a contact address in the UK
3) Return to the US
4) Apply for spousal visa (£1,523 plus £600 IHS surcharge plus £573 for priority... IHS increasing to £1200 soon though)
5) Fly back to the UK once the visa has been granted
Total visa cost = £2216 (no priority) or £2983 (with priority)... plus possibly an extra £600 for the IHS.
Total flights = 3 (or maybe 5 if he returns to the US between giving notice and getting married)

Marry in the UK on a Fiance/PCP visa:
1) Apply for Fiance visa (£1,523 plus £573 if paying priority), showing you meet the financial, accommodation and relationship requirements... takes between 6 weeks and 3+ months to get
2) Marry in the UK, showing proof of UK address
3) Switch to FLR(M) visa from inside the UK (£1,033 plus £500 IHS surcharge... soon to rise to £1000 IHS)
Total visa cost = £3056 (no priority) or £3629 (with priority)... plus possibly an extra £500 for the IHS.
Total flights = 1 (or maybe 3 if he returns to the US between giving notice and getting married)

Hi Carrisma, the more experienced members have gone through all the visa  specifics. I just wanted to give you my experience - I married on a visitor visa as a US citizen marrying a UK citizen, returned home, and then came back about a year later.

We were married in Scotland because you can give notice by mail there. On the form it asks if you have permission to marry, and it can be referred to the home office but in our case as we'd already submitted the visa application and were waiting for that there were no issues or delays. It is important to get the timing right! Plan on using FedEx/UPS or a similar service for mailing documents when estimating costs. We kept it small and it was a lovely wedding w/ a registrar presiding.

I had a house to sell and medical things to take care of, and had just lost my job so it took a while to sort all of that out. We had no issues when we applied for the full visa.

Thanks @ksand24. Excellent, what you're saying now matches what my understanding is (mostly)!

It would seem that the registry office have got their wires crossed when they say he needs proof of residency.  Like I said, this doesn't surprise me, I phone them one day and I'm told something, I phone back another day and I'm told something else.

So the IHS is a different cost depending on which route we take?  I thought it was £200 per year (£1,000 for 5 year visa).

I assume with both routes you outlined, both could potentially lead to indefinite leave to remain?

Hi @margo.  So are you now here and settled?  What visa are you now on?

So the IHS is a different cost depending on which route we take?  I thought it was £200 per year (£1,000 for 5 year visa).

No, the current IHS fee IS £200 per year of the visa. However, it has been announced that it will be increasing to £400 per year sometime later this year... but we don't know when yet. However, the amount of IHS you pay per visa depends on the length of the visa.

See here: https://www.gov.uk/government/news/health-charge-for-temporary-migrants-will-increase-to-400-a-year

At the moment:
- The spousal visa is valid for 2 years and 9 months... so it's rounded up to 3 years for the IHS. Therefore you pay £600 (3 years x £200)
- The FLR(M) visa is valid for exactly 2 years and 6 months... so you pay 2.5 years worth of IHS = £500.

However, when the IHS surcharge doubles to £400, it will be £1,200 for the spousal visa (3 years worth) and £1,000 for the FLR(M) visa (2.5. years worth). And then another £1,000 for the FLR(M) renewal after 2.5 years. Which means a total of:
Spousal visa + FLR(M) visa = £1,200 + £1,000 = £2,200 IHS for the 5 years
or
FLR(M) visa + FLR(M) visa = £1,000 + £1,000 = £2,000 IHS for the 5 years

I assume with both routes you outlined, both could potentially lead to indefinite leave to remain?

Yes, but the 5 years to ILR does not start until you get either:
- the spousal visa after marriage
- the FLR(M) visa after marriage
Any time spent on the fiance visa or on the marriage visitor visa does not count towards ILR.