What is Civil Partnership - Part 4 by Ben Spence
Can my partner and I register as civil partners even if he or she isn't a UK or EEA citizen?
There are restrictions where either of the proposed civil partners is subject to UK immigration control. A person will be subject to immigration control if they are not an EEA national and they require permission to enter or remain in the UK.
EEA means European Economic Area
The civil partnership provisions for persons subject to immigration control are exactly the same as those already in place for spouses. People subject to immigration control who wish to give notice of a civil partnership will need to do so at a Register Office designated for that purpose. A list of these offices will be added to the IND website in due course - www.ind.homeoffice.gov.uk
When they give notice, they will be required to produce one of the following:
* entry clearance granted to form a civil partnership;
* a Home Office certificate of approval;
* indefinite leave to remain in the UK.
Registrars are required to report any civil partnerships to the Immigration Service if they have suspicions that it is being entered into as a means of circumventing immigration control.
What is entry clearance and how would I go about applying for it?
Entry clearance is the granting of permission to enter the UK by an Entry Clearance Officer in the British Embassy or High Commission in the country where you are normally and legally resident. It will usually be shown as a visa in the person's passport or travel document. It may also be possible to apply from a country where you are only temporarily resident. To find out where your nearest UK Overseas mission is and for more information about Visa Applications visit the UK Visas website at: www.ukvisas.gov.uk
Where can I get a Certificate of Approval from?
A certificate of approval can be obtained from the Immigration and Nationality Directorate. This will usually only be issued where the person has been granted leave to enter or remain for over six months from the date on which they entered the UK and where three months of that leave is still in force. The certificate of approval will have to be surrendered to the registrar when notice is given.
Is it possible to apply now for entry clearance or a certificate of approval in order to form a civil partnership?
It may be possible to apply for entry clearance or a certificate of approval so that you can give notice as soon as the Civil Partnership Act comes into force on 5 December. Further guidance and information regarding applications will be available from the Immigration and Nationality Directorate in due course.
What immigration rights will my non-EU citizen partner have if we form a civil partnership?
Under the Civil Partnership Act, couples who register a civil partnership will have similar immigration rights to married couples. This will mean that the non-EEA civil partner of a British Citizen or person settled here will be able to apply for two years' leave to enter or remain in the UK. If the civil partnership is still subsisting at the end of this period then an application for indefinite leave to remain may be made.
These rights will apply whether they have become civil partners by registering in the UK or by forming one of the recognised overseas relationships. These changes to immigration law will only apply from the time the Act comes into force. Detailed guidance on immigration rights for civil partners will be provided by the Immigration and Nationality Directorate in due course. Can my same-sex partner join me in the UK before the Civil Partnership Act comes into force?
Until the Civil Partnership Act comes into force, the same-sex partner of a UK national or person with settled status in the UK may be able to apply for leave to enter or remain as an unmarried partner. To qualify, the parties must meet the requirements laid down in paragraphs 295A-H of the Immigration Rules which can be found at
http://www.ind.homeoffice.gov.uk/ind/en/home/laws___policy/immigration_rules.html?
These requirements include that the parties must have been living together in a relationship akin to marriage for two years or more, that they intend to permanently live together and that they are able to maintain and accommodate themselves without recourse to public funds. Where such an application is successful, the foreign national partner will be granted leave to enter or remain in the UK for two years. At the end of this period, settlement will normally be granted, provided the relationship is still subsisting and the rules relating to unmarried partners continue to be met.
For those who cannot qualify under the unmarried partners rules it is possible to apply for leave to remain in the UK under a different category. Further details of other categories can be obtained on the Home Office's Immigration & Nationality Department on the contact details given above.
What about work permit or student visa holders?
Civil partners of people with temporary leave in the UK, such as students and work permit holders will be free to apply for leave in line with their civil partners. For example where the principal work permit holder has two years leave to remain in the UK their civil partner will also be granted two years leave in line. Should the principal work permit holder apply for indefinite leave to remain it will be open to their civil partner to also apply as a dependant.
TAX, PENSIONS AND WORKPLACE BENEFITS
Will I have equal survivor pension rights as a civil partner, i.e. the same as for widowers?
Civil partners will be able to accrue survivor pensions in public service schemes and contracted-out pension schemes from 1988.
The Department for Work and Pensions has just made amendments to the contracting out rules to ensure that pension schemes provide survivor benefits for civil partners on the basis of deceased members' rights accrued from 6 April 1988, to treat them on a par with widowers. For full details of the changes go to: www.dwp.gov.uk/consultations/2005/index.asp
What about tax?
It was announced in the Budget on 16 March 2005 that the Government would legislate to ensure that civil partners will be treated the same as married couples for tax purposes and this was set out in Section 103 of the Finance Act 2005. Orders will be laid before the House of Commons to make these amendments over the coming months. For further information go to: www.inlandrevenue.gov.uk/budget2005/revbn28.htm
Will I receive the same workplace benefits as a married employee?
It is proposed that the Employment Equality (Sexual Orientation) Regulations 2003 will be amended to require that civil partners and spouses should be treated in the same way in relation to workplace benefits. These amendments will be made in an order before Parliament in the next few months.
About the Author
Pink Products, the online wedding store created specifically for gay and lesbian couples wishing to tie the knot. For further information about the wedding accessories we offer for Civil Partnerships and marriages, please visit our website at http://www.pinkproducts.co.uk
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