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LOVING SOMEONE FROM ANOTHER COUNTRY

Loving someone from another country and wishing to spend the rest of your life with that person produces some of the most heartbreaking stories of our times. 

Straight people can, with a little persistence, bring their overseas partners to this country or go and live in their partner's country. Mostly, although not always, this implies marriage. For gay men, the coming into law of the Civil Partnership act has eased the situation somewhat but expert legal advice needs to be taken on an individual case. Just as not all partners already established want to enter into a civil partnership so those with an overseas partner may not wish to do so either.

Civil Partnerships it should be remembered rarely have any valiity in other countries.

As we understand the current situation , non EU citizens can apply to stay here if their partner is British or from another EU country and has been given the right to stay here indefinitely.

However the overseas partner must first of all be in this country legally. The couple must be able to prove that they have lived together for two years before they can apply for an unmarried partner's visa. They will need to build a folio of evidence of living together. Utility bills in joint names, rent books and other documents should all be kept. Every little helps ! Registration of the partnership under the GLA scheme also helps establish dates although it has no legal standing.

If the application succeeds, they will probably get two years leave to remain. During this period they can work, travel and use the NHS but not claim benefits such as unemployment pay.

If after a further two years they can prove they are still together they can be granted permanent residency and when they have lived here a further year (five years in total) apply for citizenship and a British Passport.

Travel within the EU, however, depend on the laws of individual countries and may be restricted and may require a visa. This visa however may then allow entry into several countries. 

Below are sources of up to date advice. You are strongly advised to consult professional advisors if starting the process of getting permission for an overseas partner to stay with you in this country.

We understand that same sex couples in a legal relationship under the laws of another country will automatically be treated as having formed a civil partnership and do not then need to register again in the UK. 

UK LESBIAN AND GAY IMMIGRATION GROUP
Info line 02077343705 (afternoons Mon-Fri)
Free legal advice Wed 6-8pm
Advice meeting third Sat of every month University of London Union, Malet Street
Website
www.stonewall-immigration.org.uk

Lesbian and Gay immigration group website
www.uklgig.org.uk

SOLICITORS WHO SPECIALISE IN IMMIGRATION 
AND CIVIL PARTNERSHIP ISSUES
(London Based)

Danielle Cohen
Immigration Law Solicitors
www.daniellecohenimmigration.com

Gherson and Company
Immigration solicitors
www.gherson.com

Wilson & Co.
697 High Rd, Tottenham, N17 8AD
Specialising in immigration, crime and family work. 
We do a lot of work for lesbians and gay men seeking asylum or settlement in the UK
on the basis of a long-term relationship.
www.wilsons-solicitors.org.uk

WELSLEY GRYK
Immigration Solicitor
www.gryklaw.com

Bindman and Partners
Legal advice on partnerships
www.civilpartnershiplaw.com

David Clark and Co
An all Gay Firm of Solicitors
www.davidclarkandco.co.uk
 

Gaysia welcomes your contributions about this issue for inclusion on this page. 
Names will always be witheld. Information on this page should not be taken as a statement of legal fact. Always consult a qualified legal advisor.

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THE BASIC HUMAN RIGHT IS FOR PEOPLE
TO BE FREE TO CHOOSE THEIR PARTNERS