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Civil PartnershipsForeign nationals
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Foreign Nationals

If you are planning to form a civil partnership in the UK and you are subject to immigration controls while you are in the UK you will need to follow new rules which came into force on 1st February 2005

If you are a British citizen or a national of a country in the European Economic Area (EEA) then you are not subject to immigration control and these new rules do not apply to you.  Citizens of Northern Cyprus need to provide a letter stating that they are entitled to benefits from the EEA.

If you are coming to the UK from overseas to form a civil partnership you must have either a fiancé, fiancée or marriage visitor visa in your passport in order to be able to give notice.

If you are already living in the UK, you will either need to have settled status or apply to the Home Office for a certificate of approval before being able to give notice to a registrar.

Whether you are currently in the UK or overseas, if you are planning to form a civil partnership in the UK then you will both need to give notice at the same designated register office.  This does not apply if you have settled status, i.e. the right to remain in the country.

If you wish to form a civil partnership in the UK but live overseas

Firstly, you will need to obtain a visa or entry clearance as either a fiancé, fiancée or marriage visitor. You should obtain fiancé or fiancée clearance if you are planning to travel to the UK to form a civil partnership with someone already in the UK and it is your intention to stay in the country.

You should obtain a marriage visitor visa or entry clearance if you only want to visit the UK to form a civil partnership and you do not plan to stay in the country for more than six months.

These rules apply even if you are a national of a country which does not normally require a visa in order to enter the UK. This is because you won't be able to give notice if you do not have the correct stamp in your passport or travel document.

You should apply for a visa or entry clearance at the British Embassy, Consulate or High Commission  in your country of origin or the overseas country where you normally reside. A fee is payable for this service.

If you wish to form a civil partnership in the UK and already live in the country

If you have settled status in the UK, for example indefinite leave to enter or remain then you will not require a certificate of approval in order to give notice to a registrar. If you don't have settled status then you will need to apply for a certificate of approval from the Home Office.

To qualify for a certificate of approval you must have been granted leave to enter or leave to remain for more than six months on your current visa and there must be at least three months of that leave remaining. If you do not qualify then you will need to return to your country of origin, or the country where you normally reside and apply for a visa there.

A certificate of approval application form can be obtained from the Immigration and Nationality Directorate of the Home Office  You can also request a form by telephoning 0780 241 0645.

All applications have to be made by post and the application form details all of the documents that you will need to provide as well as details of where the completed application form needs to be sent to. A fee of £135 is also payable and details of the ways in which you can pay are also included on the application form. It is recommended that completed application forms are returned to the Immigration and Nationality Directorate by registered post and that you allow between three and thirteen weeks for your application to be processed.

The certificate, once issued, is valid for a period of three months from the date that it is issued or the date that your leave to enter or remain expires (if this is less).

If both people forming the civil partnership are subject to immigration control then both need to make separate applications and each has to pay a fee for their certificates of approval.

Giving notice at a designated register office

If you are subject to immigration control you and the person you plan to form a civil partnership with  will need to give notice at one of the designated register offices of which there are 76 throughout England and Wales. A list of the register offices at which you can give notice is available on the general Register Office website insert link to General Register Office website  All of the register offices in Scotland and Northern Ireland are designated register offices.

Notice can be given at any of the designated register offices, but both of you must attend together. You will need to bring evidence of your names, addresses, ages, nationalities. If either of you has been married or in a civil partnership before then you will also need to provide evidence of your current status.

When you give notice to the registrar at one of the designated register offices you must surrender your certificate of approval to the registrar. Once you have given notice then you will have to wait fifteen clear days before your ceremony can take place (14 days in Scotland and Northern Ireland). For example, if you give notice on 1st June, then the earliest date that you will be able to form your civil partnership will be 17th June.

Once you have given notice then your ceremony can take place at the register office or approved premises specified on the notice.

The notice to form a civil partnership is valid for one year from the date that it was issued in England, Wales and Northern Ireland. In Scotland, the notice to form a civil partnership is valid for a period of three months from the date that it was issued. Your ceremony must take place within this time otherwise you will need to apply for another certificate of approval and give notice again.

Source of further information

More information about certificates of approval can be obtained by contacting the Immigration and Nationality Directorate using the details below:

By Post:

Immigration and Nationality Directorate

Lunar House

40 Wellesley Road

Croydon

CR9 2BY

By Telephone:

0870 606 7766 (general enquiries)

0870 241 0645 (application forms)

By e-mail

Public.enquiries@homeoffice.gsi.gov.uk

 

More information about visas can be obtained using the details below:

By Post;

UKvisas

London

SW1A 2 AH

By Telephone:

00 44 (0)20 7008 8438 (general enquiries)

00 44 (0)20 7008 8308 (application forms)

 

Last Modified: 27/06/2007 13:50:43
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