Two questions about civil partnership visas

[Arepo]

Hi all,

Apologies if there's somewhere I should look for this - I couldn't see anything in the stickies.

I've just been looking at the UK immigration site with the possibility of marrying my partner so she can stay in the country (the only alternative is basically splitting up), and two questions came to mind:

1) What does it mean by 'evidence that you intend to live together permanently'? Would this mean we couldn't get a visa unless we'd actually signed something with a landlord, or is it less restrictive than that?

2) The 'financial requirement' is maddeningly vague. It stipulates a minimum income for her (if she was permanently employed in this country, she wouldn't need to marry me for residence!) but then doesn't give any information about the alternative requirements. Does anyone know the specifics of them?

In particular, there's a worrying note that 'If you are applying to enter the UK, you will need to have a higher level of savings than if you are applying to extend your stay' - she's in the country at the moment, but only for about another 6 weeks before her visa runs out. Does that mean the cheaper option will be forever lost to her if we haven't applied by then, or could she potentially still get it by coming in on a tourist visa and applying then? (although that would require some quite expensive to-ing and fro-ing in itself)

It seems like we need to make the decision quickly if we're going to do this...

Very much appreciate any help,

A

(ETA - I just realised there's another major ambiguity on the 'financial requirements' page.Do you need to meet the requirement at the point where you're just seeking permission to stay in the country for the initial two years, or two years on, when you're applying for permanent residency?)

[Casa]

[quote="Arepo"]Hi all,

Apologies if there's somewhere I should look for this - I couldn't see anything in the stickies.

I've just been looking at the UK immigration site with the possibility of marrying my partner so she can stay in the country (the only alternative is basically splitting up), and two questions came to mind:

1) What does it mean by 'evidence that you intend to live together permanently'? Would this mean we couldn't get a visa unless we'd actually signed something with a landlord, or is it less restrictive than that? You'll have to submit evidence of adequate accommodation where you intend to live together.

2) The 'financial requirement' is maddeningly vague. It stipulates a minimum income for her (if she was permanently employed in this country, she wouldn't need to marry me for residence!) but then doesn't give any information about the alternative requirements. Does anyone know the specifics of them? You're the sponsor so it's proof of your income you need to submit showing a minimum of £18.600 or savings over £16,000. Read the UKBA guidance on income for the calculation of savings required to meet the shortfall.

In particular, there's a worrying note that 'If you are applying to enter the UK, you will need to have a higher level of savings than if you are applying to extend your stay' - she's in the country at the moment, but only for about another 6 weeks before her visa runs out. Does that mean the cheaper option will be forever lost to her if we haven't applied by then, or could she potentially still get it by coming in on a tourist visa and applying then? (although that would require some quite expensive to-ing and fro-ing in itself) She can't apply on a visitor visa. She would have to apply from her home country if she doesn't apply in the UK before her current visa expires.

It seems like we need to make the decision quickly if we're going to do this...

Very much appreciate any help,

A

(ETA - I just realised there's another major ambiguity on the 'financial requirements' page.Do you need to meet the requirement at the point where you're just seeking permission to stay in the country for the initial two years, or two years on, when you're applying for permanent residency?) The minimum financial level must be met at time of the initial spouse visa application and again at 2.5 years when a further 2.5 year extension is applied for...and then when the ILR application is made at the end of the 5 year period. Are you sure you're looking at the correct form FLR(M)? You mention a Civil Partnership. Are you a same gender couple?
If so you will need to submit strong evidence of a relationship. If the case worker suspects you are only helping her out as a means to staying in the country, the visa will be refused.

[vinny]

1) What does it mean by 'evidence that you intend to live together permanently'? Would this mean we couldn't get a visa unless we'd actually signed something with a landlord, or is it less restrictive than that?

See also SET4.6 What evidence is required of "intention to live together?"

[physicskate]

2) The 'financial requirement' is maddeningly vague. It stipulates a minimum income for her (if she was permanently employed in this country, she wouldn't need to marry me for residence!) but then doesn't give any information about the alternative requirements. Does anyone know the specifics of them?

In particular, there's a worrying note that 'If you are applying to enter the UK, you will need to have a higher level of savings than if you are applying to extend your stay' - she's in the country at the moment, but only for about another 6 weeks before her visa runs out. Does that mean the cheaper option will be forever lost to her if we haven't applied by then, or could she potentially still get it by coming in on a tourist visa and applying then? (although that would require some quite expensive to-ing and fro-ing in itself)

It seems like we need to make the decision quickly if we're going to do this...

If she has been employed legally in this country, you can also use her earnings to meet the 18600... at least that is my understanding of things!

[Casa]

I've assumed (perhaps wrongly) that she isn't employed here due to this:
"It stipulates a minimum income for her (if she was permanently employed in this country, she wouldn't need to marry me for residence!)"

[Stefhsu27]

First of all, have you already registered the civil partnership? If not then your partner could apply for extension based on same-sex partnership using the FLR(m) form- if you have lived together for more than 2 years ( with evidence showing this, of course)

My wife and myself hadn't lived together for more than 2 years before she needed her visa extended, so it seemed quite obvious that the easier way for us was to get the civil partnership certificate and based her application on civil partnership, otherwise she would've gone back to her country reapplying for some sort of entry visa.

We didn't really show much evidence of our 'intention' of permanently living together but only the joint tenancy agreement.

Re. financial requirement, we booked an appointment for her visa extension at one of the public enquiry offices. As long as my salary met the threshold, it'd be ok. After the appointment, my wife told me that the officer didn't even bother checking her payslips/bank statements, even though she's also in a full-time permanent job.

[Arepo]

Thanks for all the replies. I seem to have caused some confusion - I'd thought a 'civil ceremony' was for same-sex couples, and 'civil partnership' for secular heterosexual couples. In any case, we're the latter, so it sounds like Casa's original post applies?

Other clarifications and follow-up questions:

First of all, have you already registered the civil partnership?

We haven't done anything yet; we're trying to figure out what our options are, and what they imply.

I've assumed (perhaps wrongly) that she isn't employed here

That's correct - she's been applying for work, but it's a Catch-22; employers don't want to offer her anything unless she's already got a visa.

You're the sponsor so it's proof of your income you need to submit showing a minimum of £18.600 or savings over £16,000. Read the UKBA guidance on income for the calculation of savings required to meet the shortfall.

That's good news at least - I can meet that.

The minimum financial level must be met at time of the initial spouse visa application and again at 2.5 years when a further 2.5 year extension is applied for...and then when the ILR application is made at the end of the 5 year period.

That's less good - does it really take 5 years to get residency? I'd thought it was half that.

You'll have to submit evidence of adequate accommodation where you intend to live together.

This bit still seems confusing, even after reading vinny's link. We certainly won't be able to produce anything official at the point of application, since it seems loopy, and probably impossible, for us to try to sign a contract to move in together somewhere if we don't know the outcome of the application.

There's also the threatening line 'if it is clear that the sponsor will not leave the UK to live with the applicant elsewhere should the application for entry clearance be refused, the ECO will need to examine the reasons for this and how this bears on the relationship between the parties.'

It's hard to know in advance whether we'd be willing to go somewhere without checking out the laws of all other countries in the world to find out what our options are, so this seems very black & white. We'd like to stay together, but we're rational about it, so that at some point if the cost becomes too high we'd have to give up