What overseas civil partnerships are recognised in the UK?
It is possible to make an application for permission to enter or stay in the UK on the basis of a civil partnership with a British person, or a person present and settled here. But what if that civil partnership was formed overseas: can it still be relied upon in your UK partner visa application?
In this article we consider how the Home Office considers overseas civil partnerships in this context, and review the law and guidance relevant when asking this question.
This is a sub post of our full guide on How to apply for a partner visa, which has further information on the partner visa application process and the minimum income requirement.
What are civil partnerships?
Civil partnerships in the UK are registered relationships between two people who are “not within the prohibited degrees of relationship”.
On 31 October 2019, The Civil Partnership (Opposite-sex Couples) Regulations extended the UK definition of civil partnerships to include relationships between two people of the opposite sex.
Civil partnerships in immigration applications
If you are making an application for permission to enter or stay in the UK as a partner under Appendix FM, this can be as:
- A spouse / civil partner
- A fiancé(e) or
- An unmarried partner
If your overseas civil partnership is not recognised in the UK, then you will likely be treated as applying as an unmarried partner, and will generally have to prove that you have been living together (in a relationship akin to marriage) for 2 years before you make the application.
Requirements for UK-recognised civil partnerships
Generally, a civil partnership will be recognised in the UK if:
- You comply with the requirements of the country/territory where you form a civil partnership, and
- Your civil partnership would be allowed under UK law
You must meet the following requirements (of The Civil Partnership Act 2004, s214 and s215):
- You both have capacity to marry
- Your relationship is registered with a responsible authority in a country/territory outside the UK
- Both parties are not already married or in a civil partnership
- Your relationship is exclusive
- Your relationship is indeterminate in duration
- Your relationship results in the parties being regarded as a couple or treated as married
Schedule 20 of the Civil Partnership Act 2004 (as updated by The Civil Partnership Act 2004 (Overseas Relationships) Order 2012 and The Civil Partnership (Opposite-sex Couples) Regulations 2019) lists overseas relationships recognised in the UK: Part 1 lists same-sex relationships (see Table A below) while a list of opposite-sex relationships can be found in Part 2 (or see Table B below).
As stated in the guidance, the UK recognises overseas civil partnerships registered in a country/territory in the first column, and which fit the description in the second.
What is “Overseas”?
Home Office guidance states that civil partnerships in foreign embassies, high commissions, consulates or other diplomatic premises in the UK are not considered to be outside the UK. If you formed a civil partnerships in one of these buildings, then it may be that you are considered to have formed a civil partnership in the UK and you should seek independent legal advice confirming this.
In UK law, marriages at sea on a UK-registered ship are not generally recognised. But where the marriage (or civil partnership) is performed on a ship registered in a country/territory whose law permits marriage at sea, it can be recognised by the courts in immigration matters.
Marriage by Proxy
The guidance (pages 10-11) explains that marriages or civil partnerships “by proxy” are not allowed in UK law.
However, they may be recognised for immigration purposes if, in addition to complying with the requirements of the country/territory where you formed the civil partnership, both parties had capacity to marry under the law of their domiciles, and they provide evidence of the validity of that marriage e.g. a valid marriage certificate (and official translation to English if required), a transcript of the ceremony processed by the closest consulate, or an affidavit from people involved in the ceremony etc.
Forced or Arranged Marriages (overseas or in the UK)
Forced marriages or civil partnerships would be unlikely to meet the “genuine and subsisting relationship” requirement for an application on family grounds under the Immigration Rules.
Arranged marriages or civil partnerships, where both parties are free to decide whether to marry, are not prohibited in the UK.
Polygamy
Polygamous marriages (with more than one partner) are not permitted in the UK. However, if a person forms a CP with more than one person in a country/territory where it is permitted, providing they meet the other requirements (set out above), that CP will be considered valid in the UK.
Note however that only one partner can rely on a valid polygamous CP for the purpose of Leave to Enter (or Remain) in the UK as a partner.
Final Points
In the UK, you must be at least 16 years old (though this will change to 18 on 27/02/2023) to form a civil partnership, but other countries permit formation at an earlier age.
Overseas civil partnerships lawfully formed before the parties turn 18 are only considered (under the Immigration Rules) when both parties are 18 or over.
You will need evidence of your civil partnership – if your civil partnership certificate is not in English, a certified translation will be required.
Civil partnership vs unmarried partner: example
Let’s look at 2 scenarios involving Mariam (a British national) and her partner, Emma (a Canadian national).
In our first scenario, Mariam has been in a relationship with Emma for 15 months when they decide to form a civil partnership (or “union de fait”) in Emma’s hometown of Manitoba, Canada.
As a union de fait in Manitoba features on the list of overseas same-sex relationships, their relationship will be recognised in the UK and they need not prove they have been living together for 2 years, nor wait until those 2 years have passed.
In our second scenario, Mariam and Emma have been in a relationship for 5 years but only moved in together 3 months ago.
They decide to form a civil partnership in Yukon, Canada where Emma’s parents were married. Their union was legal but, as the UK does not (at the time of writing) recognise civil partnerships formed in Yukon, Mariam and Emma will usually be expected to have lived together for a 2 year period before becoming eligible for a partner visa via the unmarried partner route.
Recognised relationships
Please note that some of these are not recognised in Scotland or Northern Ireland and you will need to refer to the law directly in this regard. Always check the law directly for any changes. List correct at time of writing:
Table A: Same-sex relationships recognised by the UK (under English & Welsh Law)
| Country or territory | Description (Same-Sex) |
|---|---|
| Andorra | Unió estable de parella |
| Argentina | Marriage |
| Argentina: Autonomous City of Buenos Aires | Unión civil |
| Australia: Australian Capital Territory | Civil partnership |
| Australia: New South Wales | A relationship registered under the Relationships Register Act 2010 |
| Australia: Queensland | Civil partnership |
| Australia: Tasmania | Significant relationship |
| Australia: Victoria | Registered domestic relationship |
| Austria | Eingetragene Partnerschaft |
| Belgium | The relationship referred to as cohabitation légale, wettelijke samenwoning or gesetzliches zusammenwohnen |
| Belgium | Marriage |
| Brazil | Marriage |
| Brazil | União estável |
| Canada | Marriage |
| Canada: Manitoba | The relationship referred to as common-law relationship or as union de fait |
| Canada: Nova Scotia | Domestic partnership |
| Canada: Quebec | The relationship referred to as union civile or as civil union |
| Colombia | Unión de hecho |
| Czech Republic | Registrované partnertsví |
| Denmark | Marriage |
| Denmark | Registreret partnerskab |
| Ecuador | Unión civil |
| Finland | The relationship referred to as rekisteröity parisuhde or as registrerad partnerskap |
| France | Pacte civil de solidarité |
| Germany | Lebenspartnerschaft |
| Greenland | The relationship referred to as nalunaarsukkamik inooqatigiinneq or as registreret partnerskab |
| Hungary | Bejegyzett élettársi kapcsolat |
| Iceland | Marriage |
| Iceland | Staðfesta samvist |
| Ireland | Civil partnership |
| Isle of Man | Civil partnership |
| Jersey | Civil partnership |
| Liechtenstein | Eingetragene Partnerschaft |
| Luxembourg | The relationship referred to as partenariat enregistré or eingetragene partnerschaft |
| Mexico: Coahuila | Pacto civil de solidaridad |
| Mexico: Mexico City Federal District | Marriage |
| Mexico: Mexico City Federal District | Sociedad de convivencia |
| Netherlands | Geregistreerd partnerschap |
| Netherlands | Marriage |
| New Zealand | Civil union |
| Norway | Marriage |
| Norway | Registrert partnerskap |
| Portugal | Marriage |
| Slovenia | Zakon o registraciji istospolne partnerske skupnosti |
| South Africa | Civil partnership |
| South Africa | Marriage |
| Spain | Marriage |
| Sweden | Marriage |
| Sweden | Registrerat partnerskap |
| Switzerland | The relationship referred to as eingetragene Partnerschaft, as partnenariat enregistré or as unione domestica registrata |
| United States of America: California | Domestic partnership |
| United States of America: California | Marriage |
| United States of America: Colorado | The relationship between designated beneficiaries |
| United States of America: Connecticut | Civil union |
| United States of America: Connecticut | Marriage |
| United States of America: Delaware | Civil union |
| United States of America: District of Columbia | Marriage |
| United States of America: Hawaii | Civil union |
| United States of America: Hawaii | Reciprocal beneficiary relationship |
| United States of America: Illinois | Civil union |
| United States of America: Iowa | Marriage |
| United States of America: Maine | Domestic partnership |
| United States of America: Massachusetts | Marriage |
| United States of America: Nevada | Domestic partnership |
| United States of America: New Hampshire | Marriage |
| United States of America: New Jersey | Civil union |
| United States of America: New Jersey | Domestic partnership |
| United States of America: New York | Marriage |
| United States of America: Oregon | Domestic partnership |
| United States of America: Rhode Island | Civil union |
| United States of America: Vermont | Civil union |
| United States of America: Vermont | Marriage |
| United States of America: Washington | State registered domestic partnership |
| United States of America: Wisconsin | Domestic partnership |
| Uruguay | Unión concubinaria |
Table B: Opposite-sex relationships recognised by the UK (under English & Welsh Law)
Please note that some of these are not recognised in Scotland or Northern Ireland and you will need to refer to the law directly in this regard. Always check the law directly for any changes.
| Country or territory | Description (Opposite-Sex) |
|---|---|
| Andorra | Unió estable de parella |
| Argentina | Marriage |
| Argentina: Autonomous City of Buenos Aires | Unión civil |
| Australia: Australian Capital Territory | Civil partnership |
| Australia: New South Wales | A relationship registered under the Relationships Register Act 2010 |
| Australia: Queensland | Civil partnership |
| Australia: Tasmania | Significant relationship |
| Australia: Victoria | Registered domestic relationship |
| Austria | Eingetragene Partnerschaft |
| Belgium | The relationship referred to as cohabitation légale, wettelijke samenwoning or gesetzliches zusammenwohnen |
| Belgium | Marriage |
| Brazil | Marriage |
| Brazil | União estável |
| Canada | Marriage |
| Canada: Manitoba | The relationship referred to as common-law relationship or as union de fait |
| Canada: Nova Scotia | Domestic partnership |
| Canada: Quebec | The relationship referred to as union civile or as civil union |
| Colombia | Unión de hecho |
| Czech Republic | Registrované partnertsví |
| Denmark | Marriage |
| Denmark | Registreret partnerskab |
| Ecuador | Unión civil |
| Finland | The relationship referred to as rekisteröity parisuhde or as registrerad partnerskap |
| France | Pacte civil de solidarité |
| Germany | Lebenspartnerschaft |
| Greenland | The relationship referred to as nalunaarsukkamik inooqatigiinneq or as registreret partnerskab |
| Hungary | Bejegyzett élettársi kapcsolat |
| Iceland | Marriage |
| Iceland | Staðfesta samvist |
| Ireland | Civil partnership |
| Isle of Man | Civil partnership |
| Jersey | Civil partnership |
| Liechtenstein | Eingetragene Partnerschaft |
| Luxembourg | The relationship referred to as partenariat enregistré or eingetragene partnerschaft |
| Mexico: Coahuila | Pacto civil de solidaridad |
| Mexico: Mexico City Federal District | Marriage |
| Mexico: Mexico City Federal District | Sociedad de convivencia |
| Netherlands | Geregistreerd partnerschap |
| Netherlands | Marriage |
| New Zealand | Civil union |
| Norway | Marriage |
| Norway | Registrert partnerskap |
| Portugal | Marriage] |
| Slovenia | Zakon o registraciji istospolne partnerske skupnosti |
| South Africa | Civil partnership |
| South Africa | Marriage |
| Spain | Marriage |
| Sweden | Marriage |
| Sweden | Registrerat partnerskap |
| Switzerland | The relationship referred to as eingetragene Partnerschaft, as partnenariat enregistré or as unione domestica registrata |
| United States of America: California | Domestic partnership |
| United States of America: California | Marriage |
| United States of America: Colorado | The relationship between designated beneficiaries |
| United States of America: Connecticut | Civil union |
| United States of America: Connecticut | Marriage |
| United States of America: Delaware | Civil union |
| United States of America: District of Columbia | Marriage |
| United States of America: Hawaii | Civil union |
| United States of America: Hawaii | Reciprocal beneficiary relationship |
| United States of America: Illinois | Civil union |
| United States of America: Iowa | Marriage |
| United States of America: Maine | Domestic partnership |
| United States of America: Massachusetts | Marriage |
| United States of America: Nevada | Domestic partnership |
| United States of America: New Hampshire | Marriage |
| United States of America: New Jersey | Civil union |
| United States of America: New Jersey | Domestic partnership |
| United States of America: New York | Marriage |
| United States of America: Oregon | Domestic partnership |
| United States of America: Rhode Island | Civil union |
| United States of America: Vermont | Civil union |
| United States of America: Vermont | Marriage |
| United States of America: Washington | State registered domestic partnership |
| United States of America: Wisconsin | Domestic partnership |
| Uruguay | Unión concubinaria |
Main image credit: Photo by Ben Rosett on Unsplash.com