Switching status necessary after Marriage/Civil Partnership?

[Narcissus]

My boyfriend and I are planning to get a civil partnership in November this year. I am a British citizen, and he is a Serbian national. He has a work permit and visa valid for another 4 years, and a job which is permanent (Teacher). He has been here one year on a work permit, and for 4 years previously on a student visa, but obviously that does not count for ILTR

Ideally, we'd like to get him ILTR as quickly as possible. On a work permit that obviously requires 5 years, but as a civil partner only 2 are required. My question is, in order to be elibible for the 2 year ILTR, would he have to switch to a spouse visa aftre the civil partnership, or could he stay on his work permit and apply for ILTR after 2 years from that?

Form SET(M) suggests he'd have to have had two years of limited leave to remain, before getting ILTR, so I'm assuming he'd have to switch status using FLR(M). I'd rather know first, as switching is rather expensive.

Thanks for your help.

[John]

....... so I'm assuming he'd have to switch status using FLR(M)

That assumption is right, a switch of status to that of Civil Partner is required. Then nearly two years later an application can be made on form SET(M) for ILR.

And following the grant of ILR, based upon what you post, your partner looks to be eligible for applying for Naturalisation immediately after getting the ILR.

The cost of the application on form FLR(M)? Applying by post will keep the cost down to £335, instead of the £500 cost of applying by post.

Has your partner already got his CoA? Or at least has that been applied for?

[RobinLondon]

If you want him to get ILR as soon as possible:

1) Get a CoA (certificate of authorisation) from the Home Office permitting him to get hitched with you immediately. Pay £135.

2) Get partnered as soon as possible, or in November as you say. Pay registry fees.

3) Submit FLR(M) right after the ceremony. Pay £335 postal / £500 rush

4) Spend two years in bliss

5) Submit SET(M). Pay £335/£500 or whatever the fees are then

6) Wait one more year for citizenship. I don't believe that the "hold ILR and live in the country for three years rule" applies to civil partnerships yet, but maybe Paul can confirm this. If not, hopefully this will soon change. If the rules are the same, apply for citizenship at your leisure (e.g., ASAP). Pay fees.

There is no logical reason for him to sit out his current work permit ILR. He currently has a four-year visa, and he'd need to extend it anyway for one year three years from now due to the rules change. So you should follow the plan above.

The only risk is if your relationship ends. Then his leave to remain based on his partnership with you would end, and he'd have to apply for a work permit anew.

So go ahead and take the necessary steps, and congratulations.

[ppron747]

Not sure what RobinLondon's getting at in point six but, from what had been posted, it looks to me that Mr Serbia will be all set to apply for naturalisation as soon as he's got ILR. The naturalisation requirement for people married to British citizens was amended w.e.f. 5 December last year to extend to people in Civil Partnerships. So he will need:

• to have been in UK on a day precisely three years before submitting his naturalisation application,
• not to have been outside UK for more than 270 days in that 3 years - and not more than 90 days in the final 12 months,
• to have ILR on the day of application,
• to be in a civil partnership with a BC, and
• to have passed the Life in UK test

all the best

[RobinLondon]

You answered my point exactly. I knew that the immigration rules had been changed to put civil partnerships on parity with marriages in terms of granting leave to remain. However, I was not sure if the necessary changes had been made to the British Nationality Act (1981) as well. There's no mentioning of this on the nationality application form or guidance notes, but that just might be because they haven't yet been updated.

Thanks.

[John]

Robin, the change to the British Nationality Act 1981 was actually made by the Civil Partnership Act 2004 itself ...... Schedule 27 ...... para 72 :-

In section 6(2) (naturalisation of person married to British citizen), after “is married to a British citizen” insert “or is the civil partner of a British citizen”.

If you want you can download a PDF of the CPA2004 by clicking here. Having done so the part you want is on page 392 of 442. (Isn't the search facility in Adobe Acrobat great!)

[RobinLondon]

Thanks for that.

[Narcissus]

Thanks for the responses. It's good to get the process cleared up in my mind.