UK CIVIL PARTNER VISA FOR SWISS RESIDENTS

The UK Civil Partner Visa is designed for Swiss citizens (and non-Swiss citizens) resident in Switzerland who are civil partners of British or Irish citizens, individuals settled in the UK, those with pre-settled status, holders of a Turkish Businessperson or Turkish Worker visa, and individuals with refugee status or humanitarian protection who wish to join or stay with their civil partner in the UK. As a Swiss citizen (or non-Swiss citizen) resident in Switzerland you can also apply for a UK Civil Partner Visa if your civil partner is outside the UK but intends to return to the UK with you.

The UK Civil Partner Visa can lead to indefinite leave to remain or settlement in the UK after a period of 5 years.

UK Civil Partner Visa Requirements for Swiss Nationals (and Non-Swiss Nationals) Resident in Switzerland

To qualify for a UK Civil Partner Visa from Switzerland, you will need to meet the following requirements set by UK Visas and Immigration:

• Eligibility: Your partner must be British or Irish, settled in the UK, have pre-settled status, hold a Turkish Businessperson or Turkish Worker visa, or have refugee status or humanitarian protection.

• Age: Both you and your partner must be over the age of 18.

• Relationship: You must not be within a prohibited degree of relationship.

• Meeting: You and your partner must have met in person.

• Civil Partnership: You and your partner must be legally in a civil partnership recognised in the UK.

• Genuineness: Your relationship must be genuine and subsisting.

• Living Together: You and your partner must intend to live together permanently in the UK.

• Previous Relationships: Any previous relationship must have permanently broken down.

• Financial: You must satisfy a financial requirement to ensure you can be adequately maintained in the UK without recourse to public funds.

• Accommodation: Adequate accommodation for you and any dependents must be available.

• Language: You must speak and understand English to a required level.

The specific requirements may vary based on individual circumstances, so consulting a UK immigration law firm in Switzerland is advisable for personalised guidance.

Status of Sponsoring Partner

If you are a Swiss citizen (or non-Swiss citizen) resident in Switzerland, in order to qualify for a UK Civil Partner Visa your partner must meet one of the following conditions to sponsor your UK Civil Partner Visa application:

• Be a British or Irish citizen in the UK.

• Have indefinite leave to remain, settled status, or permanent residence in the UK.

• Have pre-settled status under Appendix EU.

• Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA.

• Have refugee leave or humanitarian protection status in the UK.

A British citizen can include someone coming to the UK with you as your partner. Similarly, a person with indefinite leave to remain includes those being admitted for settlement on the same occasion as you.

Minimum Age Requirement

Both you and your partner must be over the age of 18 when you submit your UK Civil Partner Visa application.

UK Civil Partner Visa Relationship Requirement for Individuals From Switzerland

The UK Civil Partner Visa relationship requirement includes several elements:

• You and your civil partner must not be within a prohibited degree of relationship as defined in relevant UK legislation.

• You and your civil partner must have met in person to establish a mutual acquaintance.

• Your civil partnership must be legally recognised in the UK.

• You must provide evidence of a genuine and ongoing relationship.

• You and your civil partner must intend to live together permanently in the UK.

• Any previous relationships must have ended permanently.

Prohibited Degree of Relationship Requirement

You and your civil partner must not be related in any prohibited ways such as:

• Adoptive child or parent

• Child or grandchild

• Parent or grandparent

• Sibling or parent's sibling

Requirement to Have Met in Person

You and your civil partner must have met in person, resulting in the establishment of a mutual acquaintance.

Requirement for Civil Partnership to Be Recognised in the UK

To qualify for a UK Civil Partner Visa as a Swiss citizen (or non-Swiss citizen) resident in Switzerland, your civil partnership must be legally recognised in the UK, whether conducted within the UK or outside.

Genuine and Subsisting Relationship Requirement

As a Swiss national (or non-Swiss national) resident in Switzerland, you must also provide evidence to the UK Home Office that your relationship is genuine and ongoing

Evidence of a genuine and subsisting relationship is crucial for a successful UK Civil Partner Visa application. Factors considered include cohabitation history, shared financial responsibilities, and practical plans for living together in the UK.

Intention to Live Together Permanently in the UK

Both you and your civil partner must demonstrate an intention to live together permanently in the UK.

Previous Relationship Broken Down Permanently

The Home Office will require evidence that any previous marriages or civil partnerships have ended permanently.

UK Civil Partner Visa Financial Requirement for Swiss Residents

If you are a Swiss passport holder (or non-Swiss national) resident in Switzerland, to prove you can be adequately maintained in the UK without public funds, you must, unless exempt, demonstrate an annual income of at least £29,000. This can come from:

• Salaried or non-salaried employment

• Non-employment income like property rental or dividends

• Cash savings above £16,000 held for at least 6 months

• Pensions

• Self-employment or limited company income

The UK Civil Partner Visa financial requirement can be complex.  Swiss citizens (and non-Swiss citizens) resident in Switzerland considering a UK Civil Partner Visa application may wish to consult a specialist UK immigration lawyer for expert advice.

Civil Partner Visa Accommodation Requirement for Residents of Switzerland

You must provide evidence of adequate accommodation in the UK for you and your civil partner without relying on public funds. This means providing evidence of property ownership or rental, ensuring the property isn’t overcrowded and meets health regulations.

Civil Partner Visa English Language Requirement for Persons Living in Switzerland

Unless exempt, Swiss citizens (or non-Swiss citizens) resident in Switzerland, must demonstrate English language proficiency to a required level.

• For entry clearance or switching, CEFR level A1

• For further leave to remain, CEFR level A2

• For indefinite leave to remain, CEFR level B1

You can meet this requirement by holding nationality of a majority English-speaking country, passing an approved English language test, or having an academic qualification taught in English.

Documents Needed for a UK Civil Partner Visa Application in Switzerland

When you apply for a UK Civil Partner Visa in Switzerland, you will need to ensure that you provide all required documents in the correct format. Missing or incorrect documents can lead to refusal. Consulting a specialist UK immigration lawyer can help ensure your documents meet the UK Immigration Rules for Swiss nationals.

UK Civil Partner Visa Application Fee in Switzerland 

The application process for a UK Civil Partner Visa involves certain fees set by the Home Office. For applications submitted in Switzerland, the current fee stands at £1,846. However, if you're already within the UK and wish to switch into the civil partner category or extend your stay, the fee is £1,048. It's important to note that additional charges may apply if you opt for expedited services like the Priority or Super Priority Service.

UK Civil Partner Visa Processing Times From Switzerland 

For UK Civil Partner Visa applications submitted in Switzerland, the current processing time is approximately 24 weeks. However, if you choose the Priority Service, you can expect a decision within around 30 working days. Unfortunately, there isn't a Super Priority Service available for out-of-country applications.

If you're applying from within the UK, decisions for switching into or extending as a civil partner are typically made within 8 weeks. But if there are issues with meeting the minimum income or English language requirements, the decision might take about 12 months.

Duration of a UK Civil Partner Visa 

Upon approval of your UK Civil Partner Visa application from Switzerland, the initial visa duration is 33 months. Subsequent applications for leave to remain grant a period of 30 months. It's essential to apply for an extension before your initial grant expires. After spending 5 years in the UK as a civil partner, you can apply for indefinite leave to remain.

Switching Into the Civil Partner Visa Route From Within the UK 

Applications for leave to remain as a civil partner can be submitted from within the UK, with a few exceptions. Visitors or individuals with leave granted for 6 months or less typically cannot make these applications from within the UK. However, there are exceptions for certain circumstances, such as pending family court or divorce proceedings.

Working in the UK on a Civil Partner Visa 

Civil Partner Visa holders are entitled to full work rights in the UK.

Indefinite Leave to Remain as a Civil Partner 

Initially, upon approval of your Civil Partner Visa application, you'll be granted permission to enter the UK for two and a half years. Before your leave expires, you must apply for an extension. After 5 years on the Civil Partner Visa route, you may be eligible to apply for indefinite leave to remain.

UK Civil Partner Visa Frequently Asked Questions 

The process of obtaining a Civil Partner Visa involves several intricate steps and often raises questions. Here are some common queries:

How Can I Register a Civil Partnership in the UK? 

Two primary immigration routes exist for those wishing to register a civil partnership in the UK: the Civil Partnership Visit visa and the Proposed Civil Partner visa.

What Visa do I Need To Get Married in the UK? 

The visa you need depends on your specific circumstances and intentions regarding marriage in the UK.

Where Can I Apply for A UK Civil Partner Visa? 

Applications for a Civil Partner Visa can be made both within and outside the UK, depending on your current residency status.

How Do I Apply for a UK Civil Partner Visa? 

Applications for a Civil Partner Visa are submitted online, with different application forms for those inside and outside the UK.

Will My Overseas Civil Partnership Be Recognised by the Home Office? 

The Home Office recognises overseas civil partnerships under specific conditions, such as compliance with local laws and absence of legal impediments.

When Can I Apply for a British Passport? 

Eligibility for a British passport depends on various factors, including the type and duration of your leave to remain in the UK.

What if My Civil Partner Visa Application Is Refused? 

If your application is refused, you have the right to appeal, which is typically heard at the First-tier Tribunal (Immigration and Asylum Chamber) in the UK.

What if I Cannot Satisfy the Requirements for a UK Civil Partner Visa? 

If you're unable to meet the requirements, you may still have options to remain in the UK based on human rights grounds or other exceptional circumstances.

How Our UK Immigration Lawyers in Switzerland Can Help

Through the Swiss office of our UK immigration law firm, we are delighted to offer a comprehensive range of UK immigration legal services to Swiss citizens (and non-Swiss citizens) residing in Switzerland.

Our UK visa and immigration services encompass expert guidance on all UK visa routes for Swiss residents, along with a fully-managed UK visa application preparation service tailored for Swiss citizens (and non-Swiss citizens) in Switzerland. Our dedicated UK immigration lawyers provide personalised support and expert advice throughout the entire UK visa application process.

For professional assistance and expert advice on a UK Civil Partner Visa application from Switzerland, contact our British visa specialists in Switzerland on +41 21 588 07 70 or complete our enquiry form below.