Can same-gender couples apply for a UK family or spouse visa?

In recent years, the UK has made significant strides towards equality for LGBTQ+ individuals and couples. One area in which this progress is clearly evident is in immigration policy. If you are in a same-gender relationship and are considering applying for a UK family or spouse visa, you may be wondering whether you are eligible. The good news is that yes, you are.

Equal recognition under UK immigration law

UK immigration rules make no distinction between opposite-gender and same-gender relationships when it comes to family and spouse visas. If you are in a genuine and subsisting relationship, you have the same rights and responsibilities as any heterosexual couple applying under the same visa route.

Proving the relationship

All applicants – regardless of gender or legal status – must prove that their relationship is:

• Genuine and subsisting
• Not entered into solely for immigration purposes
• Either legally recognised (in the case of marriage/civil partnership) or well-established over two years (for unmarried partners)

Any application must be supported by evidence which can include (but is not limited to) joint tenancy agreements, utility bills, photographs, travel records and statements from friends or family.

Civil partnerships and same-sex marriages abroad

The UK recognises same-gender marriages and civil partnerships legally conducted overseas, as long as they are recognised in the country where the ceremony took place and do not fall foul of UK public policy. If your partnership or marriage is not legally recognised, you may still apply under the unmarried partner route, provided you can evidence two years of cohabitation. Further, there are visa routes which will permit you to enter for the purpose of entering into a marriage or civil partnership, and to remain here following your nuptials, should this be your intention.

Conclusion

Same-gender couples have every right to apply for a UK family or spouse visa on equal footing with heterosexual couples. The Home Office will assess the application based on several requirements including (but not limited to) the relationship being genuine and subsisting, financial stability and compliance with the immigration rules. The application is not assessed on the basis of the gender of the individuals within the committed relationship.

If you are preparing to apply for a visa or are unsure which visa route is right for your circumstances, it is a good idea to seek advice from a qualified immigration adviser or solicitor. The process can be complex, but with proper guidance, same-gender couples can and do successfully build their lives together in the UK.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on all UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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