Overseas Marriages & Civil Partnerships in UK Visa Applications

Partners willing to join their spouses or other partner must gain entry clearance with the overseas marriages and civil partnerships application satisfying all the eligibility requirements as stated in the Appendix FM of the immigration rules.

Whether you apply for spouse visa, civil partnership, fiance(e) visa who will necessarily have to prove your relation and other requirements as asked by the UK visa and immigration.

Requirements to prove that the overseas marriage or civil partnership is valid

As stated in Appendix FM, E-ECP.2.7. “If the applicant and partner are married or in a civil partnership it must be a valid marriage or civil partnership”, as specified.

Below are a few criteria to ensure that the overseas marriage or civil partnership is valid

1. The country in which the applicant has registered marriage is identified legally as the country’s constitution
2. The country in which the applicant has registered civil partnership is identified legally as the country’s constitution
3. The ceremonies were planned properly and all the guidelines pertaining to it were observed
4. The applicant does not have any previous marriage running
5. The applicant has proven broken marriages with previous partners, if at all

Proof that the applicant has had a genuine overseas marriage

The UK visa and immigration has issued a long 18 pages guidance on proving that the applicant has had a genuine marriage and that the country in which it took place also knows and has registered the marriage.

The most important document the UK visa and immigration office asks you to furnish is whether the applicant currently has the marriage certificate registered in the country where the marriage took place or not.

Proof that the applicant has had a genuine overseas civil partnership

As on 31.12. 2019, it became legal for both same-sex and opposite sex couples to enter into a civil partnership in the UK. The Uk visa and immigration guidance on civil partners, divorce and dissolution was published in May 2019, and the mentions about the re confirms that the overseas civil partnerships only refers to same-sex couples. The Civil Partnership Act 2004, which was amended by the The Civil Partnership Regulations 2019 for opposite sex couples also.

Section 213 of the Civil Partnership Act 2004 as amended confirms that any overseas civil partnership will be lawfully accepted if the relationship meets the genuineness requirements in Schedule 20 of the Civil Partnership Act. Parts 1 and 2 of Schedule 20 highlights that the relationships in different countries and territories will be legally accepted and recognised as a civil partnership in the UK.

The documents checklist needed to be completed

The set of documents you need to furnish to prove Marriage or Civil Partnerships as laid down in the Appendix FM-SE

1. A marriage in the United Kingdom must be evidenced by a valid marriage certificate recognised under the laws of England and Wales, Scotland or Northern Ireland.(Part 22)
2. A divorce in the United Kingdom must be evidenced by a decree absolute from a civil court.(Part 23)
3. A civil partnership in the United Kingdom must be evidenced by a civil partnership certificate.(Part 224)
4. The dissolution of a civil partnership in the UK must be evidenced by a final order of civil partnership dissolution from a civil court.(Part 25)
5. Marriages, civil partnerships or evidence of divorce or dissolution from outside the UK must be evidenced by a reasonable equivalent to the evidence detailed in paragraphs 22 to 25, valid under the law in force in the relevant country.(Part 26)

To gather the comprehensive list one can refer to the Appendix FM-SE.

Take legal help

One must seek legal advice when it comes to registering a civil partnership or marriage in the UK. The immigration lawyer will help you make the application by guiding you through the process. A Y & J Solicitors have been industry experts for over 10 years now.