Civil Partnership Crisis

[pinalp]

Thank you for looking in. I have spent the last few weeks mauling all the information I could get my hands on and I still as anxious and panicked. I was hoping I could put my story forward and hopefully someone here could give me some advice. I have spoken to the lovely people at the register office and the slightly more stern people at the home office - But I am confident somewhere here will be able to be a little more clear with me.

My boyfriend, a wonderful chap, studied and graduated in London and was here for 4 years. He was here on a 'holiday work visa' from America. Though a South African national, he moved with his family to the U.S when he was 20, though he's still not been granted his full green card there yet.

Anyway, his visa here finished in July. He couldn't ask for an extension, as he had already done that - and he was forced to move back to America.

We have speaking on the telephone everyday since he left. We have been seeing each other for 2 years now and it's been quite upsetting someone who I think had become more than a lover but a best friend.

We have decided we'd like to become civil partners in Britian. Though it would mean he might loose his possible green card status, it would buy us a future together and it would also mean he could continue working here like he was and planting his roots here in a more permanent way.

I spoke to the register office and they sounded very positive. They explained everything to me very clearly, that he could very likely come here on a 6 month temporary visa to ask to be Civil-partnered, and then after 7 days 7 nights in a registration district, we could apply together, wait 16 days and then become bonifide civil partners in Britian!

The home office were a little more frightening - They have sent me an FLR-M form and my Canadian friend, who married to stay in the country, has talked me about her experiences and how scary it all is, but that she managed to stay and that her FLR-M form was approved and wished me luck...

But reading through it - I have hit a problem.

It would seem like it's asking for proof that we lived together for 2 years.

I feel like I'm going mad... I have read the same page over and over. Is it asking for this evidence for Marriage and Civil Partnerships or is it just asking for this information for Unmarried and Same-sex couples?

I am very confused. And in a panic.

You see, though we've been in a relationship for 2 years, we have very little in terms of proof. We didn't keep any travel cards or phone bills, We never thought we would need to.

Is it not enough to have the civil partnership and prove we have supported ourselves seperately?

We are at this point in our relationship, where we realise we mean very much to each other. And all of a sudden I feel like I might loose the most precious thing in my life.

I hope someone will be able to either tell me I've read something wrong. Tell me of a loop-whole or give me some advice on possibilities to pursue.

Thanks so much for your time reading all this

My regards

A

[Docterror]

For people who have no knowledge about the immgration system, it indeed is a scary place to navigate. But, that is what we are here for.

Just to be clear, I hope you do know that the unlike countries like Spain etc, in UK, Civil Partnership can be contracted only between 2 people of the same sex and if of the opposite sex does it, it is termed as marriage.

As you have figured out, the 2 year proof of co-habitation is only for unmarried partners- both, same sex and heterosexual couples. So if you do get into a Civil Partnership, the 2 years co-habitation is not a requirement. The steps you need to be doing now is-

1) Your partner applies for the 'Proposed CivilPartner Visa' (PCPV) from the nearest US embassy using the VAF-2 form. Prepare the documents according to the answer to the question 'How do I qualify to join my fiancé, fiancée or proposed civil partner in the UK?' in this link. http://www.ukvisas.gov.uk/servlet/Front ... 8721067257

2) Once he is here on the CVPV, arrange for registering the partnership with the lovely people you mentioned, and then, at the end of the validity of the visa send it off to the stern people along with the FLR(M) form and loads of cash for the Civil Partnership Visa.

3) Start collecting evidence of co-habitation for the next 2 years and then at the end of the validity of his CivilPartnership Visa send in more loads of cash and the SET(M) form to obtain ILR and end the whole saga.

There might be interviews and delays to expect, which might sometime materialise and at other times, not! So, if prepared no need to break your head open as for any further clarifications, we are here.

[PaperPusher]

arrange for registering the partnership with the lovely people you mentioned, and then, at the end of the validity of the visa send it off to the stern people

As far as I am aware you can't work on the 'Proposed Civil Partner Visa', at least that is the case on the fiance(e) visa. Perhaps it would be better to make the application on the FLR(M) form as soon as possible after the ceremony, and in any case BEFORE the end of the validity of the visa!

[mym]

2) Once he is here on the CVPV, arrange for registering the partnership with the lovely people you mentioned, and then, at the end of the validity of the visa send it off to the stern people along with the FLR(M) form and loads of cash for the Civil Partnership Visa.

There is no point in waiting, he can apply for FLR (which is what docterror means by Civil Partnership Visa) as soon as the partnership is registered. However, see below.

3) Start collecting evidence of co-habitation for the next 2 years and then at the end of the validity of his CivilPartnership Visa send in more loads of cash and the SET(M) form to obtain ILR and end the whole saga.

I *think* (though double check carefully) that once he is your CP and *if* he wants to become a UK citizen, he can do it at once - as he was legally in the UK three years ago and has not been out of the country for over 270 days since.

That would avoid the extortionate costs of ILR and maybe even FLR too. Read up on the "ppron method" (use the search facility on this site).

You may also find http://www.uklgig.org.uk/ a very useful resource.

[Fairtrade]

[ Though a South African national, he moved with his family to the U.S when he was 20, though he's still not been granted his full green card there yet.

Wouldn't it be better if you wait till he gets his green card in the US then get a civil partnership? What if America decide to allow gay marriages in a few years time and you guys decide you want to immigrate to the US?

You know just keep your options open and also what if the relationship don't work out and he decides he wants to be with his family and has lost the chance of getting his green card and he has to start all over again??

I don't want to be pessimistic but in reality things like this do happen, I am not saying he is going to leave you and move back to the States, I am just looking at what would be best for both of you guys.


Anyway what ever you decide to do Good Luck!

[Docterror]

As far as I am aware you can't work on the 'Proposed Civil Partner Visa', at least that is the case on the fiance(e) visa.

Who said anything about working?

Perhaps it would be better to make the application on the FLR(M) form as soon as possible after the ceremony, and in any case BEFORE the end of the validity of the visa!

There is no point in waiting, he can apply for FLR (which is what docterror means by Civil Partnership Visa) as soon as the partnership is registered.

In case I was ambiguous, I did mean before the end of the validity of the visa and not after. But I am interested in the 'ASAP part after the ceremony', because as far as I know any visa application can only be done 28 days before the expiration of the validity of the visa and not any time before.(unless the FLR technically ceases to be valid anymore inspite of not actually expiring.)

mym, I think that for someone who does not know much about straight forward immigration rules, asking them to go down the 'ppron method' would be like asking a 5th grader to chew on calculus.

[avjones]

But I am interested in the 'ASAP part after the ceremony', because as far as I know any visa application can only be done 28 days before the expiration of the validity of the visa and not any time before.(unless the FLR technically ceases to be valid anymore inspite of not actually expiring.)

He would be applying for a different visa, following a change of status, so he wouldn't have to wait for the 28 days.

[mym]

There is no point in waiting, he can apply for FLR (which is what docterror means by Civil Partnership Visa) as soon as the partnership is registered.

In case I was ambiguous, I did mean before the end of the validity of the visa and not after. But I am interested in the 'ASAP part after the ceremony', because as far as I know any visa application can only be done 28 days before the expiration of the validity of the visa and not any time before.

Fiancé/Prospective Civil Partner Visas give you 6 months within which time you must get hitched, as soon as you have actually done so you can apply for FLR, there's no requirement to wait until the 6 months is up - I know of many people who go straight to Croydon after the ceremony to submit their FLR(M)!

mym, I think that for someone who does not know much about straight forward immigration rules, asking them to go down the 'ppron method' would be like asking a 5th grader to chew on calculus.

I did advise him to 'read up' on it - it would save him a lot of money :)

[PaperPusher]

Hello Docterror

We have decided we'd like to become civil partners in Britian. Though it would mean he might loose his possible green card status, it would buy us a future together and it would also mean he could continue working here like he was

The OP said something about his partner continuing working, that's why I mentioned it.

at the end of the validity of the visa send it off

It would be silly waiting to apply on the FLR(M) when there is no need, so I raised the issue, I didn't mean to be rude

[Docterror]

But I am interested in the 'ASAP part after the ceremony', because as far as I know any visa application can only be done 28 days before the expiration of the validity of the visa and not any time before.(unless the FLR technically ceases to be valid anymore inspite of not actually expiring.)

He would be applying for a different visa, following a change of status, so he wouldn't have to wait for the 28 days.

Amanda, thanks for that input. Never looked at it that way.

[Docterror]

mym, Paperpusher thanks for the info and I stand corrected.

It would be silly waiting to apply on the FLR(M) when there is no need, so I raised the issue, I didn't mean to be rude

No offence taken. I misunderstood the comment as it followed one of my quotes, that was all. Thanks again.