Is it possible to obtain a UK visa for a same-sex partner?

The UK recognises same-sex relationships for immigration purposes. It is generally possible to come to the UK as the same-sex partner of a British citizen, or of someone who is present and settled in the UK (i.e. has Settled Status or Indefinite Leave to Remain (ILR)).

It is also possible to come to the UK as the same-sex partner of a person who has obtained a UK visa, which permits them to bring dependants to the UK.

What are the requirements for a same-sex partner visa?

The requirements for an application, from inside (where permitted) or outside the UK, are the same as those applying to heterosexual couples:

• You must be married, in a civil partnership, or have lived together for at least 2 years in a relationship akin to marriage/civil partnership; and
• You must be in a genuine and subsisting relationship at the time of application.

Depending on which visa you are applying for, there may be further requirements, such as meeting a specific financial threshold and being able to speak English to a reasonable standard.

How long can I stay in the UK as a same-sex Partner?

The length of time you may be permitted to stay in the UK will also depend on the visa category you are applying under. If your partner is a British citizen or settled in the UK, your first visa will be issued for 2.5 years. If you are coming as a dependant of someone on a time-limited visa, your dependant visa will end at the same time as the main applicant’s. Whether you can extend, and for how long, will depend on your circumstances.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on 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 Twitter, Facebook, 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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