By Stefania Patuto –
Immigration Barrister
For these making use of for entry clearance or go away to stay within the UK as a accomplice beneath Appendix FM of the Immigration Guidelines, the applicant is required to fulfill the connection necessities. There are totally different relationship necessities relying on whether or not the applicant is a partner, civil accomplice, fiance or proposed civil accomplice or single accomplice. On this article we contemplate what’s required for these making use of as a partner or civil accomplice beneath Appendix FM, the place the wedding or civil partnership has taken place abroad.
1. Validity of Abroad Marriages and Civil Partnerships for UK Visas
Paragraph E-ECP.2.7. of Appendix FM to the Immigration Guidelines states:
‘If the applicant and accomplice are married or in a civil partnership it have to be a legitimate marriage or civil partnership, as specified.’
The steering Household Coverage: Companions, divorce and dissolution, Model 5.0, printed for Residence Workplace on 28 March 2025, units out the place a wedding or civil partnership which has taken place abroad can be recognised within the UK on web page 8:
- the kind of marriage or civil partnership is recognised within the nation wherein it occurred;
- the wedding or civil partnership was correctly performed to fulfill the necessities of the legislation of the nation wherein it occurred;
- there may be nothing within the legal guidelines of both particular person’s nation of domicile on the time of the wedding or civil partnership which prevents the wedding or civil partnership being recognised;
- any earlier marriages or civil partnerships of the couple have damaged down completely.
2. Are Abroad Marriages Recognised for a UK Partner Visa?
The steering confirms that there could also be additional investigation into whether or not a wedding is legitimate for immigration functions in sure circumstances e.g. if “it was a spiritual or a customary marriage which has not been registered with the civil authorities of the nation wherein it was celebrated”.
There’s a non-exhaustive record of examples the place marriages and civil partnerships could also be investigated on pages 17 – 19 of the steering. These investigations are designed to make sure that solely legally legitimate marriages are relied on in UK partner visa purposes.
3. Recognition of Abroad Civil Partnerships for UK Visa Purposes
From 31 December 2019, it turned attainable for each same-sex and heterosexual {couples} to enter right into a civil partnership within the UK. The Civil Partnership Act 2004, which was amended by the The Civil Partnership (Reverse-sex {Couples}) Laws 2019, has now eliminated the same-sex requirement in Part 216.
Part 213 of the Civil Partnership Act 2004 as amended confirms that an abroad civil partnership can be recognised if the connection meets the necessities in Schedule 20 of the Act. Components 1 and a couple of of Schedule 20 units which relationships in several nations and territories can be recognised as a civil partnership within the UK.
4. Proof Required for Abroad Marriages and Civil Partnerships
The proof which have to be offered to show an abroad marriage of civil partnership is about out in Appendix FM-SE of the Immigration Guidelines. The related provision states as follows:
‘Proof of Marriage or Civil Partnerships
22. A wedding in the UK have to be evidenced by a legitimate marriage certificates recognised beneath the legal guidelines of England and Wales, Scotland or Northern Eire.
23. (a) A divorce in England and Wales have to be evidenced by both a decree absolute or a last order.
- (b) A divorce in Scotland have to be evidenced by a decree of divorce.
- (c) A divorce in Northern Eire have to be evidenced by a decree absolute.
24. A civil partnership in the UK have to be evidenced by a civil partnership certificates.
25. The dissolution of a civil partnership within the UK have to be evidenced by a last order of civil partnership dissolution from a civil courtroom.
26. Marriages, civil partnerships or proof of divorce or dissolution from exterior the UK have to be evidenced by an affordable equal to the proof detailed in paragraphs 22 to 25, legitimate beneath the legislation in power within the related nation.’
For a UK partner visa or civil accomplice visa software, it’s important to offer documentation that clearly demonstrates the validity and recognition of the abroad marriage or civil partnership.
The popularity of an abroad marriage or civil partnership is key to the success of a UK partner or civil accomplice visa software. If the wedding or civil partnership just isn’t recognised, the appliance won’t meet the connection necessities beneath Appendix FM and is prone to be refused.
For professional recommendation and help with an software for a UK Partner visa or Civil Partnership visa following an abroad marriage or civil partnership, contact our Immigration Barristers on 0203 617 9173 or full our enquiry kind beneath.
6. Regularly Requested Questions
Do abroad marriages rely for a UK Partner Visa?
Sure. An abroad marriage will usually be recognised for a UK Partner Visa whether it is legally legitimate within the nation the place it occurred, was correctly performed in response to native legislation, and there may be nothing in both particular person’s nation of domicile stopping recognition of the wedding. Any earlier marriages should even have completely damaged down.
When may the Residence Workplace examine whether or not a wedding is legitimate?
The Residence Workplace might examine additional if there are doubts in regards to the validity of the wedding. For instance, if it was a spiritual or customary marriage that was not registered with the civil authorities within the nation the place it was celebrated.
Are abroad civil partnerships recognised for UK Visa purposes?
Abroad civil partnerships might be recognised within the UK in the event that they meet the standards set out within the Civil Partnership Act 2004, as amended. The connection should correspond to a kind of listed in Components 1 or 2 of Schedule 20 to the Act.
Can opposite-sex {couples} enter right into a civil partnership abroad and depend on it for a UK Visa?
Sure, relying on the kind of civil partnership and the nation wherein it occurred. Since 31 December 2019, each same-sex and opposite-sex {couples} have been in a position to enter into civil partnerships. If the abroad civil partnership meets the necessities of Schedule 20 to the Civil Partnership Act 2004, it could be recognised for UK immigration functions.
What proof is required to show an abroad marriage or civil partnership?
Candidates should present a doc equal to a UK marriage or civil partnership certificates that’s legitimate beneath the legislation of the nation the place the wedding or partnership occurred. This serves as proof that the connection is legally recognised.
Please notice that the knowledge offered on this article is for basic
steering solely and is
primarily based on
the immigration guidelines and insurance policies in power on the date of publication. Immigration legislation and Residence
Workplace coverage can change often, and necessities might range relying on particular person
circumstances. Authorized recommendation ought to all the time be sought in relation to your particular state of affairs.
