Civil partnerships between UK nationals and non-EEA citizens

If you are thinking of entering into a civil partnership and one of you is not a UK or EEA citizen, special immigration rules will apply. These rules will be the same as for heterosexual couples wishing to marry.

People who are subject to immigration control will have to give notice of their intention to register a civil partnership at a designated Register Office – for details see www.ind.homeoffice.gov.uk

When giving notice one of the following must be shown:

• entry clearance granted to form a civil partnership
• written permission from the Home Office to register your partnership in the form of a certificate of approval
• indefinite leave to remain in the UK.

Entry clearance is granted by a British diplomatic post abroad before a person travels to the UK. From 14 November 2005, it will be possible to apply for entry clearance to come to the UK in order to register a civil partnership. The entry clearance will be granted for a limited period of time during which time you are expected to register your partnership. You will then be able to apply to stay on the basis of your registered partnership. The entry clearance application form, VAF2 settlement, will be updated from 14 November 2005 and it will be important that you use the correct version of the form.

If you are living in the UK and are subject to immigration control and do not have indefinite leave to remain you will only be able to register your civil partnership if the Home Office issues you with written permission in the form of a certificate of approval. The Home Office will accept applications from 14th November 2005 and Home Office will produce an application form for you to use to apply for your certificate. The Home Office will usually only grant a certificate if you are in the UK and were granted leave to enter the UK for more than six months and have at least three months leave to remain on your current status.

Registrars will be under a duty to report to the Immigration Service if they suspect that a civil partnership is being used to get around immigration control.

When a civil partnership is formed, the couple will have the same immigration rights as married couples. The civil partner of a British citizen or someone with settled status will be able to apply for two years’ leave to remain in the UK and, after two years, they can apply for indefinite leave to remain.

The Immigration Rules will be amended to allow civil partners to accompany their partner in the UK if she or he is in the UK in a temporary category which currently provides for entry for that person’s spouse, such as a work permit holder.

The Immigration Rules already provide for leave to remain or enter to be granted to an unmarried partner in certain circumstances. To qualify, you must have been living together in a relationship akin to marriage for two years or more, intend to live together permanently and be able to maintain yourselves without recourse to public funds. If successful, the foreign partner will be granted leave to enter or remain in the UK for two years. There are no plans to change the Rules after the introduction of Civil Partnership and this Rule will remain an option for those people who choose not to register their partnership.

For further information, contact .

Registration 
Before you register 
Pre-partnership agreements
Social Security
Living in the UK