FLR(M) / partner visa while transgender

[ajackdaw]

Hi forum, I'm looking for someone with experience (lawyer or someone who's applied before) in applying for a partner visa where one of the partners is transgender. Does the Home Office ask for any supporting evidence about someone being transgender? Are there any other hurdles to watch out for?

[secret.simon]

Hi,
I am not a lawyer nor have I had first hand experience of the situation that you describe.

But I have a work colleague who is transgender. She transitioned while she was working with us and so I have seen the positive change it has wroth on her. She has also been kind enough to explain to me the legal process (among other changes) that she has been through during the transition. I congratulate and commend your partner and you for going through what is possibly the most fundamental change in one's identity.

Now on to a few questions to help us advise you better.

Is either partner a British citizen or settled in the UK?
Did the transgender partner transition before, during or after the partnership began?
Are the two of you married (if so, when and where was the marriage contracted) or is it a relationship akin to marriage?

A time line of the relevant dates (transitioning, partnership being formed, etc) would help.

I apologise if the questions are too personal, but as the answers may have legal ramifications, it can help us advise you better.

[ajackdaw]

Thanks Simon! I'm in the UK as a student. My partner is trans, she's a UK citizen, we're getting married in the UK very soon and we will be applying for a partner visa for me probably next year. My partner's been living as a woman for five years now for most official purposes (work, NHS etc), but she has not changed gender on her passport yet, so one of the things I am concerned about is whether the Home Office will have trouble recognising her as a woman and what sorts of documents they might ask for.

[Amber]

Why is it relevant that the home office view her as transgendered? At the end of the day, she's a woman, that's the end of the story. If she identifies as one, it's irrelevant what her passport says.

[ajackdaw]

Why is it relevant that the home office view her as transgendered? At the end of the day, she's a woman, that's the end of the story. If she identifies as one, it's irrelevant what her passport says.

Thanks Amber! I think passport gender is irrelevant too of course, but there's all sorts of weird law around gender & marriage so that's why I'd wanted to check...

[secret.simon]

we're getting married in the UK very soon and we will be applying for a partner visa for me probably next year. My partner's been living as a woman for five years now for most official purposes (work, NHS etc), but she has not changed gender on her passport yet,

I presume that as you will apply for the partner visa in the new year, that should give her sufficient time to apply for a new passport in her current name and gender.

Do you know if your partner has got a gender recognition certificate under the Gender Recognition Act 2004? Worth reading the text of the law, particularly Schedule 4 (Effects on marriage), and researching on it.

In any case, if you have lived with her in a relationship akin to marriage for atleast two years, I presume that her gender would not be relevant (i.e. the law as regards marriage would not apply).