An applicant who is a same sex partner of a British Citizen or of a person who is present and settled in the UK can apply for entry clearance as same sex partner visa.
In the event that the applicant is residing outside the UK, then an entry clearance application as a same sex partner can be submitted to the British High Commission in the country of nationality or country of origin of the applicant. However if the applicant is already in the UK (with a visa issued for longer than six months) then they can switch into same sex partner visa from inside the UK by making FLR (M) application to the Home Office.
At SmartMove2UK our immigration solicitors have expertise in providing advise and assistance to applicants applying as same sex partners of persons who are settled in UK. You can contact us if you are seeking legal help from UK visa consultants in relation to UK same sex partner visa.
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A person who is in the UK with leave to remain which was originally granted for period of more than six months and who is married to or is civil partner or unmarried partner or same sex partner of:
- a British Citizen, or
- a person with ILR, or
- a person with refugee status, or
- as a person with humanitarian protection
can apply to switch into spouse visa or unmarried partner visa or civil partner visa or same sex partner visa from inside the UK as long as he/she meets all the relevant requirements of the Immigration Rules.
If you are in the UK on a visit visa you will generally not be able to switch to spouse visa or unmarried partner visa or civil partner visa or same sex partner visa of visa unless you can show exceptional circumstances.
Financial requirement for UK spouse visa, unmarried partner visa UK, civil partner visa UK, Same sex partner visa UK.
The sponsor (British citizen or settled person) must meet the financial requirement. The applicant must provide evidence that the sponsor’s gross annual income is at least £18,600, this requirement increases if there are children who are non EEA nationals, in such a scenario the sponsor will have to show an additional income of £3,800 for the first child; and an additional £2,400 for additional child.
The sponsor and/or the applicant can also use savings and investment to meet this requirement. This can be on its own or in a combination. To understand if you meet the financial eligibility requirement you can contact our UK immigration lawyers who will be able to advise you on how to meet financial requirements for your UK spouse visa application.
If the applicant’s partner is in receipt of one or more of the following, then they would be exempt from meeting the financial requirement of £18,600 or above:
- disability living allowance;
- severe disablement allowance;
- industrial injury disablement benefit;
- attendance allowance; or
- carer’s allowance; and
- Personal Independence Payment
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme
- Police Injury Pension
English Language requirement for UK spouse visa, unmarried partner visa UK, civil partner visa UK, Same sex partner visa UK
The applicant will need to meet the English language requirement by providing specific evidence that he/she:
- is a national of a majority English speaking country; or
- has passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by UKVI; or
- has an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
- is exempt from the English language requirement because at the date of application:
- the applicant is aged 65 or over;
- the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
- there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.
If you are already in the UK on a spouse visa or unmarried partner visa or civil partner visa or same sex partner visa of a person present and settled in the UK, you can apply for renewal of your UK spouse visa from within the UK. The applicant will be required to meet conditions set out in Appendix FM of the Immigration Rules.
To file a successful UK spouse visa renewal application, the applicant will need to provide evidence (the same requirements will apply to renewal of unmarried partner visa, civil partner visa or same sex partner visa):
- Of ongoing relationship between the sponsor and the applicant;
- That the financial requirement as set out in Appendix FM of Immigration rules is met;
- There is adequate accommodation; and
- They meet the English language requirement
Further the applicant will also be required to meet the suitability criteria as set out in the Immigration Rules.
At SmartMove2UK our immigration lawyers have helped hundreds of clients to apply for extension of their UK spouse visa. You can contact us if you are seeking legal help from UK immigration Solicitors in relation to your extension of UK spouse visa application.
An application for Indefinite Leave to Remain (ILR) as a spouse of a person present and settled in the UK can be made to the Home Office, UKVI on completing 5 years (if initial entry clearance was granted on or after 9 July 2012). The same requirements will apply for obtaining ILR as unmarried partner, civil partner or same sex partner of a person present and settled in UK.
In order for file a successful ILR Spouse visa application the applicant will need to provide evidence that the relationship is still subsisting and the applicant has been living with their UK spouse for five years probationary period of spouse visa and intend to live with each other permanently.
In addition, the applicant would be required to show that there are sufficient funds and adequate accommodation available for the applicant to be maintained and accommodated in the UK without recourse to public funds. Furthermore the applicant would be required to pass Life in the UK Test and also meet the English language requirement in listening and speaking at level B1 of the CEFR in order to qualify for Indefinite Leave to Remain (ILR)
At SmartMove2UK our immigration solicitors have helped hundreds of spouse visa holders, unmarried partners, civil partners, same sex partners to apply for Indefinite Leave to Remain (ILR). You can contact us if you are seeking legal help from UK immigration Solicitors in relation to Indefinite Leave to Remain (ILR) as spouse, unmarried partner, civil partner or same sex partner of a British citizen or person settled in UK.
Our clients in UK or India can speak to any of our Same sex partner UK Expert based in Mumbai | Delhi | Gurgaon | Chandigarh | Vadodara | Bangalore on +91 22 2850 9857 or +91 9819 127 002 and book your appointment with our Experts.