Table Of Contents:
- What is a same-sex couple marriage visa
- Historical Background
- Eligibility
- How to Apply for a UK Same-Sex Couple Marriage Visa
- Final Thoughts
Same-sex couple marriage visas fall under the UK family visa category. Hence, any non-UK national with a same-sex partner who is either a British citizen or has settled status in the UK can apply for a same-sex couple marriage visa to join their partner in the UK. If you are a fiancé of a same-sex partner in the UK, you can apply for a UK fiancé visa first, enter the UK, and get married to your same-sex partner within 6 months, and then apply for a same-sex couple marriage visa or a UK spouse/partner visa. The visa requirements and application process remain the same as for a UK spouse or civil partner visa. However, you must prove that you have not entered into a sham marriage to make the UK your home, which also means your relationship is not just for visa purposes.
What is a same-sex couple marriage visa?
The same-sex partner visa allows partners of someone who is a British citizen or has settled status in the UK to join them in the UK. The visa allows you to live, work, and study in the UK. A UK same-sex partner visa is the same as a UK spouse visa, with the difference that both partners happen to be of the same gender. You must be legally married to each other. If you are granted the visa, you will have permission to stay for up to 33 months (if applying from overseas) and 30 months (if applying from within the UK). Before the initial leave expires, you can apply for an extension of another 30 months. After living for 5 years continuously in the UK, you may apply for settlement, i.e., indefinite leave to remain, provided you meet the other eligibility criteria.
Historical Background
On 10 October 1997, the UK government passed for the first time the “Unmarried Partners Concession,” recognizing same-sex relationships for immigration purposes. Before this, same-sex couples were not allowed to marry under UK law, and so were not allowed to make partner visa applications based on their relationships. However, after 10 October 1997, all couples, including same-sex couples, got the permission to apply for a same-sex partner visa. For this, they had to demonstrate four years of cohabitation, which was later reduced to 2 years in June 1999. It was the first time that lesbian and gay couples got legal recognition under British law. Hence, this was a significant landmark in the evolution of LGBTQ+ rights in the UK.
In October 2000, same-sex relationships were formally recognised in the UK’s Immigration Rules for the first time.
More recently, as per the Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013, same-sex couples could legally enter into civil partnerships and marry in 2005 and 2014, respectively.
Now, marriage and civil partnerships are treated equally for UK immigration purposes, and so these changes in the law have allowed same-sex couples to have the same rights as opposite-sex couples. Same-sex couples can obtain family visas and live in the UK together as opposite-sex couples.
Eligibility
To be eligible to apply for a UK same-sex couple marriage visa, your partner must be a British citizen or have settled status in the UK, you both must be married to each other, your relationship must be genuine and subsisting, your UK partner must sponsor you, and you must meet the financial, adequate accommodation, and English language requirements.
Let us see the requirements below.
1. Immigration Status of Your Same-Sex Partner in the UK –
Your partner in the UK must be one of the following:
- A British or Irish citizen;
- Someone who is present and settled in the UK, with indefinite leave to remain or EU settled status;
- Someone with a Turkish businessperson visa or Turkish worker visa;
- Someone in the UK with refugee status or humanitarian protection status.
2. Relationship Status –
You and your partner must be married, and the marriage must be legally recognized in the UK. You must prove that your relationship is genuine and subsisting, and you both plan to continue to live together in the UK. Also, any previous relationship you and your partner were in must have ended permanently. If you both are unmarried, you must have been living together for at least 2 years.
3. Financial Requirement –
To satisfy the financial requirements for a UK same-sex couple marriage visa, you will have to demonstrate to the Home Office that you and your partner can support yourselves without relying on public funds.
You can meet the financial requirements in 3 ways.
- You can meet the minimum annual income threshold of £29,000. You can meet this
- requirement through your partner’s and/or your combined income.
- You can meet the financial requirement through a combination of income and savings if your partner’s and/or your combined income is less than £29,000. In this situation, your partner’s and/or your combined savings must be at least £16,000.
- You can meet the financial requirement through cash savings alone. For this, your partner’s and/or your combined savings must be at least £88,500.
Please note that your income and savings can be considered to meet the financial requirement only if you are already in the UK on another visa (except a UK fiancé visa), such as a UK skilled worker visa, and you are applying to switch to a UK same-sex couple marriage visa.
If your same-sex partner is a recipient of a state benefit such as carer’s allowance, disability living allowance, or attendance allowance, you will be exempt from meeting the financial requirement.
4. Adequate Accommodation –
There must be adequate accommodation in the UK for you and your partner. The accommodation must be owned or occupied exclusively by the couple. It should not be overcrowded, and it should meet public health regulations.
5.English Language Requirement –
Unless exempt, you must meet the English language requirement. For this, you must demonstrate your knowledge of English to at least CEFR level A1. You can meet the English language requirement by passing an approved English language test or if you hold a degree or above-level qualification taught or researched in English. Also, if you are a national of a majority English-speaking country, you can meet the language requirement for the UK same-sex partner visa.
How to Apply for a UK Same-Sex Couple Marriage Visa?
You must apply online. While making the application, you can upload the documents required, or later you can submit them at the time of enrolling your biometric information. You need to pay the UK same-sex partner visa fee and immigration health surcharge. After that, you need to wait for a decision from the Home Office.
Let us see the steps for applying for a UK same-sex couple marriage visa here.
1. Apply Online –
Irrespective of whether you apply from overseas or from within the UK, you must apply online. You can visit the official website, gov.uk, and start the application process by choosing the ‘Family Visa’ route. You should select the correct form depending on where you are applying from.
2. Pay the Fee and Immigration Health Surcharge –
You need to pay the same-sex partner visa application fee amount of £1,938 if you are outside the UK and £1,321 if you apply from within the UK. You also need to pay an immigration health surcharge of £1,035 per year.
3. Upload the Documents –
You need to upload the scanned copies of supporting documents such as your passport or other valid travel documents, proof of relationship such as a marriage certificate, proof of financial capacity such as bank statements or pay slips, proof of adequate accommodation such as ownership or tenancy documents, and proof of knowledge of the English language.
4. Enroll Your Biometric Information –
You need to book an appointment at a UKVCAS (if applying inside the UK) and a VAC (if applying from outside the UK) while applying online. On the date of appointment, you need to enroll your biometric information (fingerprints and photograph) at the center.
You can also submit the scanned copy of your documents here if you did not upload them online.
5. Wait for a Decision –
Usually, you can expect a decision within 12 weeks if you applied outside the UK and in 8 weeks if you applied inside the UK. You can pay to get a faster decision as well.
6. Receive a Decision –
If the Home Office is satisfied with the information, evidence, and other aspects of the UK same-sex couple marriage visa application, you will be granted the visa with permission to stay for up to 33 months or 30 months, depending on where you applied from.
Final Thoughts
The UK treats same-sex couple marriage visas the same as opposite-sex couple marriage visas. Hence, right from the eligibility requirements to the rights given to the same-sexs, they are the same as opposite-sex partners. However, if the country you are a citizen of does not treat same- sex couples equally, you need to be careful about it.
Once you prove that you meet the eligibility requirements and provide supporting documents, you may expect to receive a UK same-sex partner visa. After the visa, you can live with your partner in the UK. You can also work and study if you wish.
A UK family visa is a complex process. Hence, even though the application process may look simple, you should consider taking help from an expert UK immigration lawyer.
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