Unmarried Partner Visa- Strange Case

[justarandomname]

My partner and I are a same-sex couple from a country where same sex relationships are not recognised (neither marriage nor civil partnerships). While I am working in the UK, my partner is back home in our country. How do I get him to join me an an unmarried partner? It seems unfair to impose the cohabitation requirement since I'm working in the UK and he hasn't been able to come here. And it seems unfair to ask us to get married to get around this problem since we're not allowed to get married where we come from.

Any suggestions?

[Wanderer]

My partner and I are a same-sex couple from a country where same sex relationships are not recognised (neither marriage nor civil partnerships). While I am working in the UK, my partner is back home in our country. How do I get him to join me an an unmarried partner? It seems unfair to impose the cohabitation requirement since I'm working in the UK and he hasn't been able to come here. And it seems unfair to ask us to get married to get around this problem since we're not allowed to get married where we come from.

Any suggestions?

Why is it unfair? It's unfair to expect the UK to bend the rules is it not? Anyway, it can't happen so just get married in UK/Third country, you'd be treated as any heterosexual couple.

[justarandomname]

Sorry, I don't think you read this post. I cannot get married in the UK since I'm not a British national. I cannot get married in my country since same sex relationships are not recognised.

[Wanderer]

Sorry, I don't think you read this post. I cannot get married in the UK since I'm not a British national. I cannot get married in my country since same sex relationships are not recognised.

Yes you can!

Your partner will require a marriage visit visa and apply for dependant visa on your visa status later.

Simples!

[justarandomname]

Oh. You're saying my partner and I can get married even if we're both non-citizens? Are you sure about this?

[Wanderer]

Oh. You're saying my partner and I can get married even if we're both non-citizens? Are you sure about this?

Yes - google the Marriage Visit Visa - even two visitors can marry on that, as you are on WP you don't need that, your partner would though.

I am assuming that as you dependent he would be treated as a bone-fide spouse/dependant but to be honest I've taken a leap of faith there, but UK is generally 100% fair on these matters so I can't see it being a problem, indeed there would be an uproar if it was, UK is very LGBT tolerant as you no doubt know.

But you can definitely get married.

[justarandomname]

I think you can't do that if the marriage isn't recognised in the country you hold a passport from. Since both of us hold a passport from a country that doesn't recognise any same sex relationships, there might be a difficulty on that front.

[Wanderer]

I think you can't do that if the marriage isn't recognised in the country you hold a passport from. Since both of us hold a passport from a country that doesn't recognise any same sex relationships, there might be a difficulty on that front.

I'm sure that's not right, however take counsel, wait for others but research it a bit, your home country cannot dictate what's legal or not in another.

I'll stick by what I said, you can do it.

[Casa]

Just to clarify, if you apply for a marriage visit visa your partner would have to return to their own country after the wedding and apply for a spouse settlement visa to return to the UK. Are you earning a minimum of £18,600 per annum?

[justarandomname]

Yes, I am. I'm a little surprised at how most posts I see (including those by the government) are about misuse and minimum earnings. Surely, some of us are just genuine folks just trying to earn an honest living and share it with our loved ones. Thanks for your responses

[Wanderer]

Just to clarify, if you apply for a marriage visit visa your partner would have to return to their own country after the wedding and apply for a spouse settlement visa to return to the UK. Are you earning a minimum of £18,600 per annum?

Casa, I think OP said (or intimated) he was on a work permit, would that not mean his partner would need a dependant visa - not a spouse visa? I don't know the rules for those......

[Casa]

Well spotted Wanderer. Yes, a dependent visa.

[Petaltop]

Casa, I think OP said (or intimated) he was on a work permit, would that not mean his partner would need a dependant visa - not a spouse visa? I don't know the rules for those......

Marriage or proof of living together for 2 years akin to marriage. The OP doesn't want to marry, that leaves proof of living together akin to marriage for 2 years (if they have).

[Casa]

Casa, I think OP said (or intimated) he was on a work permit, would that not mean his partner would need a dependant visa - not a spouse visa? I don't know the rules for those......

Marriage or proof of living together for 2 years akin to marriage. The OP doesn't want to marry, that leaves proof of living together akin to marriage for 2 years (if they have).

Petaltop, I don't believe that an unmarried partner can apply for a work permit dependent visa unless the sponsor has settled status or British citizenship, but I stand to be corrected if I'm wrong. Also of course, the OP hasn't said whether they have ILR or not.

Ref UPV application as a work permit dependent:
"Present and settled means that the individual in the UK is settled (i.e. holds either indefinite leave to remain, a permanent right of residence, British citizenship or a Right of Abode in the UK) and, at the same time that an application is made, is physically present in the UK or is coming here with the applicant to live."

[geriatrix]

If the OP is indeed a Work Permit holder (under Part 5 of immigration rules), then for a dependant seeking entry clearance immigration rules 194 apply.

That said, entry clearance as unmarried partner is not possible since OP and his partner have not been living together. Getting married and then applying for entry clearance as dependant is the only option (for both PBS and non-PBS employment categories that the OP may be under).