On a Work Permit switch after Civil Partnership

[gamma911]

Hi there,

This is not a duplicate post to my previous one -

I am currently on a Work Permit and would like to know the procedure for getting a Civil Partnership with my current partner.

As I already have LT remain and a valid work permit how easy is it to switch and how will it effect my application for Indefinite leave to remain?

Would I have to leave the country with him to get partnered or can it be done here in the UK without leaving?

[John]

You have not told us anything about your proposed Civil Partner. Is that person British? An EEA national (other than British)? Or not an EEA national? If not what is their UK immigration status?

[gamma911]

Apologies - to clarify, my partner is a British national (Born in Scotland)

I am South African on a Work Permit with a valid visa and Leave to Remain until October 2007.

[John]

OK, you need to apply for a CoA ... a Certificate of Approval to Register a Civil Partnership. Click here to download the required form.

So complete and submit that and when you get your CoA you and your partner will be entitled to go along to a designated Register Office and give the needed notice of the intention to register a Civil Partnership.

Then after that CP is duly registered you can apply, in the UK, for a 2-year Civil Partner visa, and near the end of validity of that, you can apply for ILR.

In other words, as long as you are currently legally in the UK (with more than just a visitor visa) you can do all of this within the UK.

[gamma911]

wow - what a great help you were!

Cheers

Edit - I take it I'm the only one that needs this COA?

[John]

I take it I'm the only one that needs this COA?

That is right, a CoA is not required by a British Citizen, or by an EEA Citizen or anyone with ILR. So just you, as a non-EEA Citizen not yet having ILR, needs a CoA.

[gamma911]

One last question, does any of the time I've spent on a WP count towards the 2 years to get ILTR?

[John]

Actually I should have asked that. Can you briefly outline your UK immigration history please. For example, when did you first come here on a WP?

[gamma911]

I arrived in 2002 on a working holiday Visa.

Just before the WHV expired I managed to get a sponsor for a work permit - this was in 2004. Obviously sending my passport off to change the Leave to remain and with the workpermit in my passport.

In oct this year I would have been on the WP for 3 years. (The initial application the employer only applied for 3 years instead of 4)

So at the moment I've been in the UK for nearly 5 but I know the WHV does not count towards ILTR.

Also I have been back to SA a few times and various other trips but they have all been short - under 2 months, most only a couple of weeks.

[John]

does any of the time I've spent on a WP count towards the 2 years to get ILTR?

No it does not. The Civil Partner visa will be for 2 years duration and can be applied for as soon as the Civil Partnership has been registered. There is no need to wait until the end of your current visa.

During the last 28 days of validity of that 2-year CP visa you will be able to apply for ILR.

Why did I ask about your UK immigration history? To see if it is worth you staying on the WP route even after the CP has been registered. On your facts it is not.

Do appreciate that once you are in a CP with a British Citizen that there is a 3-year qualifying period for applying for Naturalisation as British, rather than the normal 5 year period. So on your facts, as soon as you have your ILR in "2 and a bit" years, you will be able to apply for Naturalisation as British, because clearly you will have been in the UK for more than 3 years at that point in time.

Do apply for the CoA as soon as possible. Such applications take about 2 months to process. You and your partner cannot go along to the Register Office and give the need Notice until you have your CoA.

[gamma911]

Thanks that does clear up a lot,

At the moment we are not living together but do intend to after the CP so this won't have any effect on getting the 2 year visa?

Also do I need evidence with my application to suggest that the relationship is genuine? Photo's, letters, etc? This isn't a problem of course I'm just wondering if I have this confused with the unmarried partner visa. - ie all that is needed for the visa is the CP registration documents? Correct?

[John]

Just as it is absolutely not compulsory for a couple to live together before getting married, neither is it compulsory for a couple registering a CP to live together before that CP is registered. Such not living together will have no impact that any subsequent visa application.

Following the registration of the CP you will need to apply for your 2-year CP visa using form FLR(M). Do download that now, but appreciate that a different version of the form might be current when you get round to using the form for real. In "modern style" the form incorporates its own guidance so you can see the questions it asks and the supporting evidence required when the application is made.

New version of the form? Do appreciate that there is currently a consultation taking place concerning the fees to be charged. So no guarantee that the current £335 by post or £500 in person fees will apply from April 2007.

[gamma911]

Thanks alot for your help John!