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Civil Partnership Act - Effective 5 December 2005.

General UK immigration & work permits; don't post job search or family related topics!

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Kayalami
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Civil Partnership Act - Effective 5 December 2005.

Post by Kayalami » Fri Sep 09, 2005 4:59 pm


Chess
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Post by Chess » Sun Sep 11, 2005 9:14 am

Interesting stuff
Where there is a will there is a way.

John
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Post by John » Mon Sep 12, 2005 9:36 am

At last, something from IND relating to Civil Partnerships!

Having a read of that page it appears that they are still not to allow "fiancé(e)" visas to be issued yet ... and here we are less than three months before 5th December. Presumably such visas, when issued, will be for six months duration, which raises the thought in my mind .... why the delay in starting to issue such "fiancé(e)" visas? Another example of IND not getting its act together.
John

tensailee
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Post by tensailee » Mon Sep 12, 2005 5:00 pm

Finally, I can register Civil Partnership with my boyfriend! 8) However I am non-EU, and he's Greek, can we use the EEC1 form to apply for residence permits rather than use the FLR(M) to extend my stay etc.? Does Civil Partner count as a 'spouse'? If not, hopefully the IND will change the EEC1, or we'll have to wait till we co-habitate for 2 years.... which is another year! :(

Thanks to anyone who'd help.

John
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Post by John » Mon Sep 12, 2005 6:59 pm

Where are the two of you intending to live after the Civil Partnership has been registered? And where are you living now? Knowing the answers to those questions will help answer your queries.
Does Civil Partner count as a 'spouse'?
I think the technical answer is no, but for all intents and purposes it is marriage without being called that. After all the UK Government and Parliament could have legislated for same-sex marriage but has not actually done that.
John

tensailee
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Post by tensailee » Mon Sep 12, 2005 11:56 pm

Thanks for answering John.

I have been in the UK as a Visa Student since March 2001, done A-levels and all that. Currently I'm doing a 4-year Master's, which finishes in Jun 2007; my student visa expires in Nov 2007.

My boy-friend has been in the UK for over 8 years, has done things like 2 Bachelors' and a Master's, found a decent-income job a month ago, life starts to get sweet. He's Greek so he doesn't need any visas, but is his immigration status so called 'settled'? He successfully applied for a Residence Permit using EEC1 in Feb this year.

We both live in London, close to my university. We've been living in the same address since Sep 2004, and we will (and should) be living at the same place at least for the next 2 years, before I finish my courses.

I hope these background information helps. Many thanks.

John
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Post by John » Tue Sep 13, 2005 7:55 am

OK, that is clearer now.

Looking at the wording of the IND webpage, you will need to apply for a Certificate of Approval ("CoA") to register your Civil Partnership. Please appreciate you can't do that quite yet but from a date, still to be announced, closer to the 5th December start date of CPs.

This is thus comparable to someone in the UK on say a student visa who wishes to enter into an opposite-sex marriage.

Once you have your CoA you and your partner will be able to give notice of intention to register your Civil Partnership, but such notice can only be given at one of the designated Register Offices as listed in the IND webpage.

Once the CP has been registered then I would expect the EEC1 form to have been adapted to cope with those who have entered into CPs.
John

tensailee
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Post by tensailee » Tue Sep 13, 2005 2:54 pm

Thanks for your help, John.

I am aware of the additional procedures introduced Feb this year - namely applying for CoA and give notices etc for straight couples of which one of them is under immigration control - which eventually will be introduced to the CP once it comes into force.

To be honest, is it really effective in preventing or detecting sham marriage? Having looked at the forms, there's no real details required apart from marriage/divorce history, and the annoying 135 pounds payment.... anyways.

Our relationship can't be more genuine so there shouldn't be any trouble in getting the CoA. Fingers crossed!

Thanks again.

tensailee
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Post by tensailee » Thu Oct 27, 2005 1:13 am

Just to let everyone know that the CP version of the COA, called 'permission to form a Civil Partnership', was confirmed by Statutory Instrument 2005 No. 2917. Setions 1-3 and Schedule 1 of the Instrument will come into force on 14th November, to allow people who are under immigration control to apply for the Permission in advance, to meet Schedule 23 of the substantive Civil Partnership Act 2004.

The Instrument:

The Immigration (Procedure for Formation of Civil Partnerships) Regulations 2005

John
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Post by John » Thu Oct 27, 2005 10:01 am

There was also a Parliamentary Written Statement on Monday. It makes reference to that SI, and also a change to the Immigration Rules. However, as I write this, the change to the Immigration Rules has not yet appeared on the IND website.
John

John
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Post by John » Thu Oct 27, 2005 11:53 am

The following webpage has appeared on the IND website today :-

Civil Partnership Act 2004 - Procedures for persons subject to immigration control
John

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Post by John » Tue Nov 15, 2005 6:43 pm

At last a UKVISAS webpage giving links to the new form and guidance :-

Civil partnership visa applications - an update (14/11/05)

There you will see links to a new version of the VAF2 form and INF4 guidance.
John

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Post by John » Mon Jan 30, 2006 1:51 pm

My attention has been drawn to this website from the Women and Equality Unit.

As pointed out to me that unit "actually put the legislation together, and their site is an excellent starting point for anyone seeking further information".
John

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