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Gay Times Law by Clive Sanders LLB

9 : Immigration
Summary of Immigration Law

If you have been in a serious relationship for two years or more your foreign partner may be entitled to enter and remain in the UK with you


Gay Partnerships & Immigration

In 1997 the government announced new rules for unmarried partners allowing an overseas national to enter or remain in the UK as the unmarried partner of a person living here if three main requirements were met:-.

  • There must be in existence a relationship akin to marriage which has subsisted for two years or more. Any previous or similar relationship by either partner must have permanently broken down and
  • The couple must intend to live together permanently
  • The couple must be able to accommodate and maintain the foreign partner without claiming any public funds

    Other Immigration categories

    There are several other categories in the immigration rules that allow people to come to the UK for specific reasons. If you qualify under one of these categories then you could come to the UK for that purpose, live with your partner during that time and build up towards the two years. However, note that many of these categories require an intention to return home and not to live in the UK permanently. So long as you have that intention at the time of entry there is no reason why you can not apply. Categories to consider include:
  • Student Visa
  • Working holidaymakers
  • Work Permit holders
  • Investors
  • Occupations-certain occupations allow a right to remain in the UK

    PRACTICALITIES

    If you meet the requirements and you are already lawfully in the UK then you should make an application to the Home Office. If the foreign partner is outside the UK then you will need to apply for an entry clearance from your local British Embassy. If you do not qualify yet because you havenít lived together long enough then you should start living together or continue living together with a view to applying in future. In the meantime, so you can live together you may need to apply for another type of visa as detailed above to remain in the UK. I would recommend anyone seeking to apply for residency of their foreign partner to seek the advice and assistance of the Stonewall Immigration Group.