Overseas Marriages & Civil Partnerships In UK Visa Applications

• Published date: 08 June 2021
• Subject Matter: Immigration, Family and Matrimonial, Family Law, General Immigration, Divorce
• Law Firm: Richmond Chambers
• Author: Ms Stefania Patuto

For those applying for entry clearance or leave to remain in the UK as a partner under Appendix FM of the Immigration Rules, the applicant is required to satisfy the relationship requirements. There are different relationship requirements depending on whether the applicant is a spouse, civil partner, fiance or proposed civil partner or unmarried partner. In this post we consider what is required for those applying as a spouse or civil partner under Appendix FM, where the marriage or civil partnership has taken place overseas.

Valid Marriage or Civil Partnership Requirement

Paragraph E-ECP.2.7. of Appendix FM to the Immigration Rules states:

'If the applicant and partner are married or in a civil partnership it must be a valid marriage or civil partnership, as specified.'

The guidance Family Policy: Partners, divorce and dissolution Version 1.0, published for home office on 29 May 2019, sets out where a marriage or civil partnership which has taken place overseas will be recognised in the UK on page 8:

• the type of marriage or civil partnership is recognised in the country in which it took place
• the marriage or civil partnership was properly conducted to satisfy the requirements of the law of the country in which it took place
• there is nothing in the laws of either person's country of domicile at the time of the marriage or civil partnership which prevents the marriage or civil partnership being recognised
• any previous marriages or civil partnerships of the couple have broken down permanently

Overseas Marriages Recognised as a Valid Marriage

The guidance confirms that there may be further investigation into whether a marriage is valid for immigration purposes in certain circumstances e.g. if "it was a religious or a customary marriage which has not been registered with the civil authorities of the country in which it was celebrated". There is a non-exhaustive list of examples where marriages and civil partnerships may be investigated on pages 17 and 18 of the guidance.

Overseas Relationships Recognised as Civil Partnerships

From 31 December 2019, it became possible for both same-sex and heterosexual couples to enter into a civil partnership in the UK. The Home Office guidance on Partners, divorce and dissolution was published on 29 May 2019, predates this change in law, and the reference...