Search News and Articles
Civil partnerships and immigration
In November 2004 the UK joined an exclusive club of a handful of countries prepared to recognise civil partnerships between same-sex couples on a par with marriage. This article looks at the effects of the new policy on immigration law.
Background
The Civil Partnership Act 2004 received Royal Assent on 18 November 2004 and paves the way for same-sex couples to register their relationships at a civil ceremony. Once registered, the couple will be treated on the same terms as a married couple with regard to pensions, tax, property, children and a whole host of other matters, including immigration.
Before the first civil partnership ceremonies can take place, Parliament has the mammoth task of trawling though the statute books to find all references to marriage. In every case where legislation makes reference to a husband or wife this will be amended and extended to include civil partners. This is a lengthy task and is unlikely to be completed until the end of 2005.
Home office policy
However, the Immigration and Nationality Directorate of the Home Office has already formulated much of the relevant policy and expects to be able to implement this as law in good time for the first civil ceremonies.
Early indications of policy show that, for immigration purposes, civil partners will be treated in exactly the same way that husbands and wives are currently treated. For example, an overseas national will be able to gain permission to live and work in the UK if they have a British civil partner.
Similarly, the Home Office plans to introduce an immigration category equivalent to the present fiancée category (which allows an overseas national to come to the UK to marry a British citizen) to allow an overseas national to come to the UK for the purpose of a civil partnership ceremony.
The rights will, however, extend beyond those currently aimed at British citizens bringing in partners, and will cover every area of immigration that currently has provision for spouses. Thus, for example, a work permit holder transferring to the UK from overseas will be able to bring their civil partner in exactly the same way that a permit holder may be accompanied by their spouse. Even students will have rights to bring civil partners with them to the UK.
The legislation will be drafted in such a way that the couple will be recognised not only if their partnership has been registered in the UK, but also in any one of the handful of jurisdictions that currently has similar provisions – for example, Canada, Finland, Norway and the state of Vermont in the USA.
Provisions for unmarried partners
It will be a long but worthwhile wait for the provisions to be available for many couples. In the meantime, the UK does have some immigration provisions for unmarried partners (either same-sex or mixed-sex). Provided the couple can show that they have lived together in a relationship equivalent to that of a husband and wife for at least two years, they may remain together in the UK. The Home Office has confirmed that these arrangements will not be affected by the new civil partnership provisions.
The Magrath & Co immigration team may be contacted on 020 7495 3003.
For more information please visit www.magrath.co.uk.