Same-Sex Binational

[Dartpin]

My partner (he is Kenyan) applied to come to the UK for Civil Partnership but the application was declined. We (I am UK National) are considering the option of having a Civil Union in South Africa and then applying for him to come over as my partner. Is this route advisable and has anyone attempted it?

Many thanks for your help. Also if anyone knows about foreign nationals' requirements for civil union in RSA, please.

[John]

My partner (he is Kenyan) applied to come to the UK for Civil Partnership but the application was declined.

Can you give some detail about the reason(s) for refusal? Because, dependent upon what the reason(s) is/are, the same problem might arise when an application is made for a Civil Partner visa.

In other words, don't think it is as simple as simply registering the Civil Partnership abroad, to solve the visa problem.

[Dartpin]

Thanks for looking at this:

The ECO in Nairobi was very casual while reviewing the application and did not look at all the evidence. The refusal was on the grounds that we had not made wills or did not have mortgages in joint names! We did not proceed with an appeal as there was a death in my family at around the same time which meant we missed the appeal timescale. Also I was not a UK citizen at the time having only ILR then.

We have loads of evidence: house in Kenya joint bills (house owned by me as my partner could not qualify for mortgage), joint and active bank/share accounts in Kenya, letters from family/friends, photos, evidence of visits at least thrice a year going back 3 years! We have also now got wills made out too.

I really appreciate all advice.[/quote]

[JAJ]

Thanks for looking at this:

The ECO in Nairobi was very casual while reviewing the application and did not look at all the evidence. The refusal was on the grounds that we had not made wills or did not have mortgages in joint names! We did not proceed with an appeal as there was a death in my family at around the same time which meant we missed the appeal timescale. Also I was not a UK citizen at the time having only ILR then.

Get some professional advice regarding any/all of the following:

- making a formal complaint with UK visas
- appealing the decision
- reapplication

[Dartpin]

Thanks Jaj. I will discuss the options you mention with a solicitor.

However can someone please let me know what they think of my original proposal ie having a civil union in South Africa? Or would it be possible to ask the British Consulate in Nairobi to perform a ceremony as I am now a UK National?

Please let me have your take on this.

[Fairtrade]

Hi Dartpin.

Yes your civil partnership or (in south africa, it is the full gay marriage) will be accepted in the uk. -

"Same-sex couples who form certain "overseas relationships" - that is certain legal relationships registered under the law of another country or territory - will automatically be treated as having formed a civil partnership and will not need to register in the UK as well, so long as they and their overseas relationship meets the requirements set out in the Civil Partnership Act."

the uk accept all gay marriages from all countries where gay marriages are legal. (like the netherlands, canada and south africa plus many more....

read more about it here http://uk.gay.com/printit/3531


I guess you would get married in south africa and then show your marriage certificate to the british embassy in Nairobi as proof of you two being married. They should then issue your partner the 2 year spouse visa to come and join you in the uk. After two years if the marriage is still valid he can then apply for indefinite leave to remain.


You are allowed as a foreigner to get married in south africa, but you need documentation and proof of identity of course (some countries also requires a certain period of time spend together as a couple....


The items you might want to take with you are:

" identity documents". (for south africans only) "If they (you) never had identity documents, an affidavit BI-31 may be furnished in lieu of identity and foreigners must always present their passports."

Read more about it here : http://marriage.about.com/gi/dynamic/of ... rriage.asp

My first option would be to appeal the decision you got from the british embassy in Nairobi but if that doesn't work (due to lack of evidence or some other crap) just go and get married somewhere legally like south africa that allow gay marriages and while you out there you might as well enjoy a honeymoon too!
Good luck!!

[Dartpin]

Hi Fairtrade,

Thanks so much for the advice. I think we will go for the Civil Union in South Africa in four months time.

I'll be back to let you know what happens after that.

Cheers,

Dartpin

[Dartpin]

Update on this:

We did not travel to South Africa for the Civil Union. Instead we decided to reapply. First I travelled to Kenya for our engagement party in Sep 07. A great risk considering homosexuality is illegal there with possibility of 14 years jail!

Next started on the evidence folder:

- 6 months bank statements
- 12 months payslips
-My Employment contract and references from previous employers
-Over 80 photos of us together, here and in Kenya
- Separate email folder with over 100 emails spanning 4 years
- Copies of phone text messages
-Solicitor letter confirming purchase of Kenyan home
- Utility bills to our Kenyan home
- Unit trust investments - £5000
-My UK naturalization certificate
- Letter detailing partners previous immigration history, breaches with explanatory statements
- Accommodation evidence in UK, including utilty bills and captioned photos of each room
- Letters of support from family and friends

I was in Nairobi in mid March but due to length of time taken to photocopy every bit of evidence (thinking ahead to Appeal) we only made the application in second week of April. I had already seen articles in local press about mandatory bans. I did not hold out much hope.

Received refusal in second week of May. The ECO accepted that our application met 295A but was refused under 320(7B), saying ban was until June 09 (5 years after my partners administrative removal from UK due to overstay). We were gutted!

Then came the rays of hope. The concessions to 320(7B). We returned the appeal papers to the High Commission pointing out these new developments. I also wrote a letter to the ECM pleading for reconsideration.

Received acknowledgement which seemed to suggest they had reconsidered but the decision was maintained! Braced for Appeal battle, I went to see my MP who agreed to send a letter to the HIgh Commission reiterating my concerns.

Well, today while at work I received news from my partner that BHC called him to say they have reconsidered the application and could he take his passport to them on Monday for the visa.

What an experience! However we wanted to be together and were prepared to fight. It was at some significant financial cost..over the four years I took 9 trips to Kenya.

We are over the moon. Thanks to all who give support and hope to people who just want to live together. I decided to do it all myself after reading posts here. A solicitor quoted over £1000 for the application and £1500 for appeal. Thank you all contributors especially you John.