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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7609
Experience:  UK Lawyer holding practising certficate for England & Wales.
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We are a gay couple who have been in a relationship for about

Resolved Question:

We are a gay couple who have been in a relationship for about 5 years. He is a mexican citizen (I am UK). We met whilst he was studying for his PhD in the UK.
If we enter a civil partnership:
1. will he have right of entry into the UK?
2. will he have to right to work? (he is obviously highly qualified (4 degrees and perfect English?)
3. at what stage could he apply for UK citizenship?
Thank you
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
Is he in the united kingdom?
If he is in the united kingdom please state what visa who has.
Please also state your current income per annum from employment, or simply whether it is above 18600 pounds? If he is in the united kingdom please state what visa who has.
Kind regards.
Tom
Customer: replied 2 years ago.

No - not currently in UK. His Visa expired in July 20134 (and he exited in time!). He is actually returning for a month this Christmas as a tourist.

I am "retired" and have a work relate pension and state pension (currently about £1431 a month After TAX)

I also do casual work which is about £50o per month)

Expert:  Thomas replied 2 years ago.
Hi
Thanks for your reply.
If you have that level of pension income then you do meet the financial requirement for the purpose of applying for civil partnership / span house visa for your civil partner wants to partnership has been carried out.
There are two ways of doing it. You can either travel to where he is to carry out civil partnership there, if it is legal there, or you can apply for a fiance visa in order that he might enter the united kingdom for the purpose of marrying you in a civil partnership and then he can switch to a civil partnership visa afterwards.
Technically speaking, if he is on a visitors visa then you could physically marry was here on the visitors visa since the ability to marry is not automatically linked to a person's immigration status.
However, if he intended to enter for a visit for the purpose of marriage then should really applied for a marriage visitors visa and not a simple general visitors visa which I presume he has got.
If you were to marry when on the visitors visa in a civil partnership then it could potentially cause problems when your partner visa later. Whichever way you do it, whether marrying here or outside uk, once the civil partnership visa has been granted he will have the right to work in the united kingdom without restriction for the duration of the visa.
Once he has been on this visa for a period of 5 years, during which time you will need to extend the visa want, then you can apply for indefinite leave to remain. This is the right to remain permanently in the united kingdom without any further visas.
Thereafter he can naturalise as a uk citizen and then apply for his uk passport.
Kind regards.
Tom
Customer: replied 2 years ago.

Is the fiance visa always given - or are they Border Agency likely to "squirm"?

What is the usual length of a civil partnership visa?

Expert:  Thomas replied 2 years ago.
Hi
If you meet the eligibility criteria 43 answer your spouse visa and i able to share this with supporting evidence that the home office have to grant the reason. There is no discretionary element to this provided that you prove your eligibility.
The civil partnership visa is granted for an initial period 27 months. At the end of this time your partner would have to apply to extend the civil partnership visa for the same amount of time.
Tom
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