Switching Into Same Sex Partner Visa (5 Years Route)
You can apply for switching into same sex partner visa on the basis of your same sex cohabiting relatioship of 2 years with a British Citizen / settled person. The same sex partner visa application will be considered in accordance with requirements of the Immigration Rules as set out in Appendix FM of the Immigration Rules. If you meet all the requirements as set out in Appendix FM of the Immigration Rules, you will be granted 30 months (2.5 years) leave to remain under the 5 years route to settlement. Those applicants who cannot meet all the requirements for switching into same sex partner visa under 5 years route, they can apply for switching into same sex partner visa (10 years route).
Specialist Same Sex Partner Visa Solicitors
Our expert team of same sex partner visa solicitors in London specialise in same sex partner visa applications under 5 years route. Our specialist same sex partner visa solicitors have successfully helped thousands of clients with the same sex partner visa applications under 5 years route. Our best team of same sex partner visa solicitors can provide fast, friendly, reliable and fixed fee immigration services concerning your same sex partner visa application under 5 years route. Ask a question to our expert same sex partner visa solicitors for free immigration advice online submit an online request to book an appointment for detailed legal advice for your application for switching into same sex partner visa under 5 years route.
Super Priority Service (Decision Within 24 Hours) For Switching Into Same Sex Partner Visa
As one of the expert immigration solicitors based in London, we are registered with the Home Office, UK Visas & Immigration (UKVI) and its commercial partners UKVCAS Sopra Steria to provide Super Priority Service (SPS) for your application whereby decision on your application will be made by the Home Office UKVI within 24 hours of the enrolment of biometrics at a designated service centre.
Our specialist same sex partner visa solicitors can prepare and submit your application to the Home Office, UKVI through Super Priority Service (SPS) and get a decision on your same sex partner visa application within 24 hours. This way, you will not have to wait for the decision on your same sex partner application for months (sometimes years).
Requirements For Switching Into Same Sex Partner Visa
For a same sex partner visa application to succeed, there are following main requirements:
- The applicant must be lawfully in the UK with leave to enter or remain which was originally granted for longer than 6 months and must not be in the UK as a visitor;
- Suitability criteria as set out in Appendix FM to the Immigration Rules
- The evidence of relationship between the sponsor and the applicant including evidence of living together in a relationship akin to marriage or civil partnership for at least 2 years and regular contact, etc;
- The documentary evidence to comply with the financial requirement as set out in Appendix FM;
- The adequate accommodation; and
- English language requirement.
Who Can Switch Into Same Sex Partner Visa Under 5 Years Route?
A person who is in the UK with leave to remain which was originally granted for period of more than six months and who is same sex partner of:
- a British Citizen,or
- a person with ILR, or
- a person with refugee status, or
- as a person with humanitarian protection
can apply to switch into same sex partner visa from inside the UK as long as he meets all the relevant requirements of the Immigration Rules. An application for switching into same sex partner visa from inside the UK is submitted to the Home Office by completing application form FLR (M).
We frequently deal with the following switching applications:
- Switching from Tier 2 General to same sex partner visa
- Switching from Tier 2 ICT to same sex partner visa
- Switching from Tier 4 General student to same sex partner visa
- Switching from Tier 5 to same sex partner visa
- Switching from 10 years partner route to 5 years partner route
Switching From Same Sex Partner Visa 10 Years Route To Same Sex Partner Visa 5 Years Route
If you are currently in the UK under same sex partner visas 10 years route, you can apply for switching into same sex partner visa 5 years route at any time during the validity of your leave and do not have to wait until closer to the expiry of your leave. It is in your interest to switch from 10 years route to 5 years route sooner rather than later because your time under 5 years route will only start from the time you are granted leave to remain under the 5 years route. You cannot combine your time under 10 years route with 5 years route for the purposes of applying for ILR under 5 years route and your time will start from scratch once you have been granted leave to remain under the 5 years route.
What Is Financial Requirement For Switching Into Same Sex Partner Visa?
Meeting the financial requirement is one of the key requirements for switching into same sex partner visa under 5 years route from inside the UK.
Calculating The Financial Requirement
The applicant must provide evidence that the sponsor’s gross annual income is at least:
- Partner with no children – £18,600;
- 1 child in addition to the partner – £22,400;
- 2 children in addition to the partner – £24,800;
- 3 children in addition to the partner – £27,200; and
- an additional £2,400 for each additional Non-EEA child.
The higher financial requirement for applicants applying with child(ren) will apply until the applicant partner qualifies for settlement, even if the child turns 18 before then. However, the 18+ year old’s income and savings will be permitted to count towards the financial requirement.
When Does Financial Requirement Does Not Apply To A Child?
The financial requirement does not apply to a child who:
- Is a British Citizen (including an adopted child who acquires British citizenship);
- Is an EEA national (except where the child is a child of a former relationship and does not have a right to be admitted to or reside in the UK under the Immigration
(EEA) Regulations 2006 or the Immigration (EEA) Regulations 2016); - Is settled in the UK (holds ILR in the UK) or who qualifies for indefinite leave to enter (ILE); or
- Qualifies under Part 8 or Appendix Armed Forces of the Immigration Rules in a category to which the financial requirement does not apply.
Meeting The Financial Requirement For Switching Into Same Sex Partner Visa (5 Years Route)?
According to Appendix FM of the Immigration Rules, the applicant must meet:
- the level of the financial requirement applicable to their application; and
- the requirements specified as to:
(a) the permitted sources of income/savings; and
(b) the time periods and permitted combinations of sources applicable to each permitted source relied upon; and
(c) the evidence required for each permitted source relied upon.
Income and cash savings must be in the name of the applicant, their partner or jointly. However, income and cash savings of a dependent child of the applicant can also be included once the child has turned 18 years of age.
All employment or self-employment income must come from working legally. All income and savings must be lawfully derived.
What Are The Various Sources Of Meeting The Financial Requirement?
Where the applicant has to meet the minimum income threshold, the financial requirement can generally be met in the following five ways:
- Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category A or Category B, depending on the employment history.
- Non-employment income, e.g. income from property rental or dividends from shares. This is referred to as Category C.
- Cash savings of the applicant’s partner and/or the applicant, above £16,000, held by the partner and/or the applicant for at least 6 months and under their control. This is referred to as Category D.
- State (UK or foreign), occupational or private pension of the applicant’s partner and/or the applicant. This is referred to as Category E.
- Income from self-employment, and income as a director or employee of a specified limited company in the UK, of the partner (and/or the applicant if they are in the UK with permission to work). This is referred to as Category F or Category G, depending on which financial year(s) is or are being relied upon.
Evidence Flexibility For Financial Requirement
The evidential flexibility is set out in paragraph D of Appendix FM-SE. Under Appendix FM-SE there is discretion for decision-makers to defer an application pending submission of missing evidence or the correct version of it, within a reasonable deadline set for this. Decision-makers will not have to defer where they do not think that correcting the error or omission will lead to a grant.
Decision-makers are also able to grant an application despite minor evidential problems (but not where specified evidence is missing entirely). There is also discretion for decision-makers where evidence cannot be supplied because it is not issued in a particular country or has been permanently lost. Decision-makers have general discretion to request additional information or evidence before making a decision.
Exemption From Financial Requirement For Switching Into Same Sex Partner Visa Under 5 Years Route (Adequate Maintenance)
Where the applicant’s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold of £18,600 or above:
- Carer’s Allowance.
- Disability Living Allowance.
- Severe Disablement Allowance.
- Industrial Injuries Disablement Benefit.
- Attendance Allowance.
- Personal Independence Payment (PIP).
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
- Police Injury Pension.
If the applicant’s partner is in receipt of one of the above benefits or allowances on behalf of their child, the applicant will be able to qualify by meeting the financial requirement through “adequate maintenance”. The evidence required to demonstrate that the applicant’s partner is in receipt of a specified benefit or allowance is specified in Appendix FM-SE.
English Language Requirement For Switching Into Same Sex Partner Visa
The applicant must provide specified evidence that he/she:
- is a national of a majority English speaking country; or
- has passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the Home Office, UKVI; or
- has an academic qualification recognised by UK NARIC to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
- is exempt from the English language requirement because at the date of application:
-
- the applicant is aged 65 or over;
- the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
- there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.
Re-Applying For Switching Into Same Sex Partner Visa After The Refusal
If your application for switching into same sex partner visa has been refused by the Home Office, UKVI and you believe that the decision to refuse your application is valid and lawful and therefore cannot be challenged successfully by way of appeal, you have the option to re-apply for switching into same sex partner visa. We can provide the required legal help and assistance with re-applying for switching into same sex partner visa through our Super Priority Service.
How Can We Help?
Our expert team of same sex partner visa solicitors specialise in UK same sex partner visa applications. If instructed to represent you regarding your application for switching into same sex partner visa under 5 years route, we will carry out all the work on your application until a decision is made by the Home Office UKVI on your application. The immigration casework to be carried out by our expert team of same sex partner visa solicitors will include the following:
- Assessing your eligibility for switching into same sex partner visa under 5 years route by considering all your personal circumstances;
- Advising you on the weaknesses and strengths of your application;
- Advising you on the relevant documents to be submitted in support of your application;
- Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
- Completing and submitting the online application form FLR(M) to apply for switching into same sex partner visa by gathering all the relevant information from you and your same sex partner;
- Helping you with paying the same sex partner visa application fee and the Immigration Health Surcharge (IHS) for the application;
- Booking your appointment with the application centre for verification of documents and enrolment of biometrics;
- Where necessary, preparing detailed witness statement of the applicant and/or the sponsor explaining the background of their relationship and other relevant factors pertaining to the application;
- Preparing a detailed cover letter to introduce and support your application;
- Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
- Liaising with the Home Office UKVI for a timely decision on your same sex partner visa application.
Our Fixed Fees For Switching Into Same Sex Partner Visa (5 Years Route)
Our fixed fees for switching into same sex partner visa (5 years route) from inside the UK are as given in the fee table below:
| Our Service | Our Fixed Fees Range |
| Full service for switching into same sex partner visa (5 years route) from inside the UK to cover all the work until decision by the Home Office, UKVI | From £1,500 + VAT To £3,000 + VAT |
The agreed fixed fee will depend on the complexity of the application for switching into same sex partner visa and the volume of casework involved in the application. In addition to our fixed fee for switching into same sex partner visa from inside the UK, the applicant also has to pay the Home office UKVI fees for the application.
