How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask SolicitorRM Your Own Question
SolicitorRM
SolicitorRM, Solicitor
Category: Family Law
Satisfied Customers: 5417
Experience:  Director and Principal Solicitor. UK
103094402
Type Your Family Law Question Here...
SolicitorRM is online now

We gave notice for our civil partnership at a register

This answer was rated:

hi there,
so we gave notice for our civil partnership at a register office and it was accepted so we went on and booked our civil partnership ceremony. Today ( 3days before the ceremony) they contacted us saying that the paper we signed was for marriage and not civil partnership (im pretty sure that this was not he case cause we checked the paper 3 times before signing it ) what should we do now ? we are tight on time and need to have our civil partnership registered asap. What options do we have now ?
can we ask them to check the CCTV cameras as I asked their colleague and she ensured me that what we were signing was for civil partnership but the manager says its impossible that she said that ?

Good evening, welcome to just answer. I am a solicitor and reviewing your question now for you.

Customer: replied 17 days ago.
thank you

Hi they would have retained the forms so you must ask for a copy to be sent to you urgently by email to verify and if it happens that the wrong ceremony has been noted either from the forms or when being entered into the system you must plead with the Registrar's office in light of having made all the arrangements to allow that the civil partnership ceremony is conducted instead. If it was their error they are more likely than not to agree.

Any follow up please do not hesitate to send your message. All the best.

Customer: replied 17 days ago.
thank you for that. The thing is that my partner is an international student here and i wanted to apply for the tier 4 dependent visa with my civil partnership certificate from within the UK ( as i was granted the exceptional assurance) since my visa is expiring at June 30. The register office says that by law we have to go through the entire process again and give notice for civil partnership. Do you have any suggestions on what we should do at this point ?

The registrar must show you your application and if it was their error that error cannot prejudice you. If it was your error then unfortunately if the Registrar has refused to exercise his/her discretion then a new notice would have to be given. If you have been together for at least 2 years that you can evidence though you could just apply for a dependant visa as unmarrried civil partner.

Customer: replied 17 days ago.
the register office is saying that you should have checked the paper on the day of giving notice ( blames it on us ) however all the confirmation emails that we received from them is about civil partnership and not marriage. They also mentioned that civil partnership notice is verbal ? but marriage has paper work is that true ? do you think going there in person is a good idea ?
- do you know what evidence i have to provide to show our relationship is genuine for the unmarried partner ?
Customer: replied 17 days ago.
will they check the cctv for us if we ask them to ?

Hi, if they are open given the covid regulations you are best to go and see them in person. On the question of CCTV they may agree however you would have to do a Data Subject Access Request and that takes 40 days to come back which you do not have.

You give 8 weeks notice for civil partnership just like for marriage.

For unmarried partner it would be communications, holidays together, family or friends witness staements. It can be quite intrusive but you really have no option when it comes to these visas - emails, whatsapp messages, facebook messenger etc

Customer: replied 17 days ago.
oh ok . so even if we haven't lived together for 2 years ( we have lived together for about a year ) and have pictures together and stuff I can still happy for that visa as his unmarried partner? is it likely to get the visa then?
Customer: replied 17 days ago.
is it still the register office fault if they gave us the wrong document to sign ?
Customer: replied 17 days ago.
she also told me that the civil partnership notice is verbal and marriage requires paper work is that true ?

Hi, when you say she, do yu mean the officer at the registrar's office? They really aren't accountable because the applicants are expected to make sure they have the right forms. It sounds unfair but that is the position. You must make sure you gave your notices at a licensed registrar's office since only they can deal with immigrants applications. It may explain why you appear t have dealt with someone who wasnt too sure.

You give notice on paper too.

the 2 years is 2 years together not 2 years living together.

Customer: replied 12 days ago.
thank you for that. the issue got resolved. Do you know if civil partnership is considered marriage ( in other countries ) because technically we are not getting married ?

You are welcome. I would be lying to you I am qualified to advise on this jusdiction and do not know what other countries will recognise

SolicitorRM and other Family Law Specialists are ready to help you
Customer: replied 12 days ago.
thank you for your honesty. I really appreciate that
Customer: replied 10 days ago.
Hi, I have another question for you. So I hold a Canadian passport which is visa exempt for entering the UK and I have been granted an exceptional assurance. I was wondering If I can now apply for the tier 4 dependent visa form within the UK (because of the exceptional assurance ) or do I have to send an email and check with home office first and then apply ? thank you

Hi, thank you for your message. It should really be a separate question as it is a different area of law. I will answer here however to save you time waiting. The  exceptions for applying from within the UK were when travel to home countries was not permitted due to complete lockdown. If you are not able to travel to Canada due to lockdown then yes you could apply however if you are able to travel to Canada you would need to return home and then apply.

Customer: replied 10 days ago.
thank you so much for that. Since Canada is still in lockdown is it possible for me to apply now and then add my civil partnership certificate when I get it (within 5 working days ) ?
Customer: replied 10 days ago.
do I have to mention to home office that im doing this and apply after I receive their confirmation or can I just directly apply on the website ?
Customer: replied 10 days ago.
thank you SO MUCH for your help

Well, if you are relying on the civil partnership you will have to have the evidence of the civil partnership at the time of applying even though you have the option to submit the actual certificate at the biometrics appointment. Your certifcate if dated after date of submission of the application will not be accepted as evidence. You are probably over complicating things for yourself. If still under loackdown then extend your exceptional assurance if you are worried it will expire before your certificate is out and then just apply when you have everything in order.

Customer: replied 10 days ago.
the thing is Canada Is having its first stage of reopening this Friday so I down think its considered to be in lockdown anymore . I used to think I can directly apply for any visa from the UK because I have the exceptional assurance (thats what I was told before ) but today someone told me I have to ask home office first. My exceptional assurance ends on June 30 and my partner is applying for his graduation visa on July 1 , if he mentions me as his dependent on the application and I also apply for the tier 4 dependent visa and it gets rejected is it still possible for me to stay in London until he gets a design on his visa ?Im really confused what do you recommend I do ?
Customer: replied 10 days ago.
you've been super helpful to me thats why I always come back to you
Customer: replied 10 days ago.
do you think I should apply for the tier 4 depend anyways ? Also is it possible for me to not apply for any visa and just have my name mentioned on my partner's graduate visa on July 1 (one day after the expiry of my exceptional assurance) ?

Hi, are you referring to post study visa?
before I July you could apply as unmarried partner ( I know civil partnership is not marriage but there is no other name before the formal ceremony and certificate). However there is just too little time between now and July they will reject your application. You must have something to carry you to 1 July and hopefully you will have your certificate then and you can apply at the same time as your partner, you as civil partner post study permit dependant.

Customer: replied 9 days ago.
someone told me I cannot apply for this visa because my visa in considered visitor visa Is that true ?
Customer: replied 9 days ago.
but my passport is visa exempt

Hi, I feel like we are going round in circles. Yes you have a visitor status however I have explained that if you can’t go back to canada and you can prove it’s due to the current restrictions you can apply from within and plead with home office to consider.

You don’t apply for a visitor visa in advance when coming to the uk but you are given the visa/entry clearance when you enter the Uk - you do have a visitor visa then.

Customer: replied 9 days ago.
I should contact home office now ?
Customer: replied 9 days ago.
should I send an email to the exceptional assurance team?

You send you application with the cover email/letter asking them to consider your application from within the country and giving your reasons for the request. Sending them a letter, waiting for a response and then applying will take forever and almost certainly your exceptional assurance will have expired. Just before your exceptional assurance expires you apply for another if you still meet the criteria at that time.

all the best.

Customer: replied 9 days ago.
thank you. So I submit my dependent application and in the application I will explain why im applying form within the UK is that right ?. If that gets rejected will it effect my future visas ?thank you so much for your help

Yes that’s what you do. And if refused any future applications are considered on their own merit. They will look at immigration history but if the reasons for refusal in a past application are clearly irrelevant they will not allow old decision to impact new

Customer: replied 9 days ago.
thank you so much for all the help

You are welcome.