Civil Partnership Dillema
 

Hello I have quite the dilemma. I am from the US while my partner is from Ireland. Both our countries do not recognize same sex partnerships so we have been unable to live together. When my loved ones father asked Ireland's immigration services about what we should do, they suggested we get a civil partnership in the UK, said it was easy. Of course I did not believe that, and looked into everything. The main website Border and Immigration Agency said I may apply for a certificate of approval at the home office. However, I am seeing conflicting pages that state I MUST apply from the US. There are many problems with this. I would need my fiancee's passport, as we have been unable to live together she lives thousands of miles away from me and next time she visits me we are moving back together. Obviously then it's far too late to apply for a visa. Another issue I have with applying here is most of the "proof" (financial security, etc) is in Ireland with her father (since he IS our support) Our plan was we would go back to her home in Ireland, I would settle there...and then we would go to England, apply and get married. She told me they don't check passports when traveling on the boat from Ireland to the UK... Really..what's to say a person doesn't just go visit the UK...and meets the love of their life and decides to get married. Do they really have to leave the country and then return? Same sex couples cannot marry within an Anglican Church...so we must jump through all these extra hoops...can I go to Ireland then apply in England? This is really our only hope of being able to be together... I really don't want to pay $1,000 for an application just to get rejected because all our proof is 5,000 miles away! What should I do?

I'm really scared of applying and being rejected...

Re: Civil Partnership Dillema
 

Cos unless you've gone through the process correctly you'll be an illegal immigrant, eventually be arrested, maybe put in a detention centre and / or deported. Ask yourself what would happen if a UK national went to the States on holiday and just stayed there. You open up a huge number of problems I guess ;):)

Re: Civil Partnership Dillema
 

Still doesn't answer what I should do...
I heard now you need to be 21 to sponsor...and you can't even use third party sponsors as a source for money...which is right and which isnt...

Re: Civil Partnership Dillema
 

Yes sorry it doesn't answer your question, but then it is a relatively complicated situation which many of us expats won't have experienced.

But having said that, does this help? ;):)

http://www.uklgig.org.uk/Civil%20Partnership.htm

Re: Civil Partnership Dillema
 

What happens if my partner is an EEA national ?

Civil Partners (or equivalents - see schedule 20) can apply to enter UK as the family member of their EEA sponsor (by means of a family permit). EEA sponsors under this category do not need to have a UK registration certificate prior to the partner's family permit application and can thus, in practice, enter the UK at the same time as their partners. The non EEA partner will use form VAF5 for entry clearance. See also unmarried partners/durable relationships.

European law does not provide for proposed civil partners who will continue to be processed from outside the UK, under UK immigration law. For a proposed civil partner visa application, it is necessary for the sponsoring EEA national to obtain a UK registration certificate (used to be called a residence permit) beforehand. This is proof that they are living and working in the UK. This is the only situation where EEA nationals can sponsor their partners under UK immigration rules without first having permanent residence. Application for further leave (after the CP registration has taken place) will have to be made under EU rules as below.


I don't quite understand what this means...is it pretty much saying we could apply for a civil partnership without any need of a certificate of approval? Or that if we did go through all that, get the partnership...THEN we could apply for a family permit?

Re: Civil Partnership Dillema
 

I'm no expert you understand, just trying to help. But reading that part it does seem to say that you dont need to apply before you come for the approval certificate.

Can you not ask them? There is a forum on there, I don't know if you noticed.

Re: Civil Partnership Dillema
 

To begin with you need to understand that there is a difference between a "Certificate of Approval to marry" and a "proposed civil partner visa"

Have you looked at http://www.ukvisas.gov.uk

Re: Civil Partnership Dillema
 

Yes I have, and it takes a lot to apply directly for a proposed civil partner visa (aside from visitor)

Re: Civil Partnership Dillema
 

That the appropriate route if the plan is to settle in the United Kingdom afterwards.

Re: Civil Partnership Dillema
 

But if I marry an EEA national I could also use an EEA family permit, which is easier and also won't destroy our hard saved money.

Re: Civil Partnership Dillema
 

Civil partners can qualify for the EEA family permit, but there is no "proposed civil partner visa" under the EEA rules.

Re: Civil Partnership Dillema
 

But if we got married in Canada or any other equivalent of a partnership, it WOULD be considered as a civil partnership, instead of proposed would it not?

Re: Civil Partnership Dillema
 

Good question. I don't know if the U.K. recognises other countries civil partnerships.

If you want to enter a CP in the U.K. you can use the "proposed civil partner" visa even if you plan to switch to EEA family member status afterwards.

Re: Civil Partnership Dillema
 

Yeah under schedule 20 they recognize a bunch of other countries civil partnerships.

Then we worry about them thinking us as a "marriage of convenience" we have not been able to live together, and if we HAD gotten married earlier she would not be able to visit me...as she would be turned away for "proof of reason for wanting to stay in the US" the US makes it extremely hard on same sex binational couples....Do they take those things into account?

Re: Civil Partnership Dillema
 

You really should look at the UK Gay and Lesbian Immigration Group forum - every one of your questions has been discussed there so you can see the experience and advice of others in your situation. And they have a good moderator who will answer your specific concerns. The website: http://www.uklgig.org.uk/phpBB2/index.php

Good luck.