An employee or prospective employee may be applying for a UK visa on the basis of a civil partnership. While there is no standalone “Civil Partnership Visa”, the UK Immigration Rules treat civil partners in the same way as spouses under the family visa partner route (Appendix FM). This means a person in a legally recognised civil partnership with a British citizen or settled person can apply for permission to live and work in the UK. For overseas-formed partnerships, recognition depends on UK law; only relationships that the UK recognises as equivalent to a civil partnership will qualify.
What this article is about
This article provides HR directors, managers, and business owners with a comprehensive guide to how civil partners are recognised under UK immigration law. It explains eligibility and the application process (including the raised and rising financial thresholds), sets out visa rights and conditions (including the shift to eVisas and share-code checks), and outlines long-term options such as Indefinite Leave to Remain (ILR). From an HR perspective, it highlights compliance duties, right to work verification, and workforce planning considerations when supporting employees or candidates on this route.
Section A: What is the Civil Partnership Visa?
The Civil Partnership Visa does not exist as a distinct immigration route under UK law. Instead, individuals in a legally recognised civil partnership are eligible to apply for a UK Family Visa as a partner. Under the Immigration Rules, civil partners are treated the same as married spouses when applying to join or remain with their partner in the UK.
A civil partnership is a legally binding relationship that confers rights and responsibilities similar to marriage. To qualify, the civil partnership must be lawfully registered either in the UK or in another country where civil partnerships are legally recognised. However, not all overseas partnerships are automatically recognised. Only civil partnerships or equivalent relationships recognised under UK law will qualify under this route.
For immigration purposes, the UK authorities require evidence that the civil partnership is genuine and subsisting, meaning that the couple intends to live together permanently in the UK.
For HR professionals, the terminology can sometimes cause confusion when employees or candidates refer to a “Civil Partnership Visa”. In practice, this falls within the broader Family Visa framework, and applicants are assessed against the same requirements as those applying under the spouse visa route.
From an employer’s perspective, understanding this distinction is important. While the employee may describe their application as being for a Civil Partnership Visa, HR teams should recognise that their status is covered under the family visa partner route. This knowledge allows HR managers to correctly interpret immigration documents presented by employees and ensure right to work compliance is maintained.
Section A Summary
Although there is no separate Civil Partnership Visa under UK immigration law, civil partners are fully recognised within the family visa partner route. For HR managers and employers, this means employees in a civil partnership have the same rights and obligations as those applying as a spouse, and employers should treat the visa type as part of the family visa framework when carrying out immigration compliance duties.
Section B: Eligibility & Application Process
Applying for a UK visa as a civil partner follows the same legal and evidential framework as the spouse visa route, because both fall under the family visa category. HR managers should be aware of the key requirements and stages, as these factors can directly affect recruitment timelines and ongoing employment planning.
1. Sponsor requirements
The sponsoring partner must be either:
- a British citizen,
- someone settled in the UK with Indefinite Leave to Remain or permanent residence,
- a person with refugee status or humanitarian protection.
If the sponsor does not fall into one of these categories, the application cannot succeed. From an HR standpoint, it is important to confirm that the employee’s partner holds one of these statuses to ensure the visa route is viable.
2. Financial requirements
Applicants must demonstrate that the sponsoring partner meets the financial requirement. As of April 2024, the minimum income threshold rose to £29,000 per year. This is due to increase further, with a planned rise to £38,700 in 2025. Evidence can include payslips, bank statements, or proof of self-employment income. In some cases, savings may be used to meet the threshold. HR teams should note that delays can occur if applicants struggle to evidence financial eligibility, which may impact start dates.
3. English language requirement
Applicants must demonstrate knowledge of English by passing an approved test at level A1 or higher, or by holding a degree taught in English. Nationals of majority English-speaking countries are exempt. This requirement is mandatory for initial applications and becomes more stringent for extensions and settlement.
4. Application process
- From outside the UK: Applicants submit their application online before travelling, provide biometrics, and await a decision before entering the UK.
- From inside the UK: Eligible applicants already in the UK on another visa can switch into the partner route, provided they are not on a short-term or visitor visa. The Immigration Rules explicitly prohibit switching from routes such as visitor, seasonal worker, or short-term study visas.
Standard processing times can range from 8 to 12 weeks, though priority services may be available. For HR teams, this means workforce planning must account for possible visa delays before an employee can lawfully commence work.
5. Fees and healthcare surcharge
Applicants must pay the visa application fee and the Immigration Health Surcharge (IHS), which provides access to the NHS. These costs are payable upfront and can be substantial, which may be a factor in discussions with candidates about relocation or financial support.
Section B Summary
Eligibility for a Civil Partnership Visa follows the family visa partner route. The key considerations are the sponsor’s status, the financial requirement (with thresholds increasing towards £38,700 in 2025), and English language ability. The application process involves significant documentation and cost, with processing times that can affect employment start dates. HR managers should account for these requirements when supporting employees or candidates through the visa process.
Section C: Conditions & Rights on the Visa
Once granted, the visa issued to civil partners under the family route comes with specific conditions and entitlements that directly impact an employee’s ability to live and work in the UK. HR teams should be clear on these conditions to ensure compliance with immigration and employment law.
1. Right to live and work
A successful applicant is granted permission to live in the UK, typically for 30 or 33 months depending on whether the application was made in or outside the UK. During this period, the visa holder has full rights to work (including self-employment) and to study without restriction. Unlike some other immigration categories, there are no limits on role type or working hours under the partner route.
2. No recourse to public funds
Visa holders are generally prohibited from accessing public funds. This standard family-route condition means they cannot claim most benefits such as Universal Credit or Housing Benefit. While this does not directly affect employers, HR managers should be aware in case employees raise questions about financial support options.
3. Right to work checks
Employers must verify the individual’s permission to work before employment commences and maintain a statutory excuse against civil penalty. Physical Biometric Residence Permits (BRPs) have been phased out; most family-route holders now have an eVisa. Right to work is confirmed via the Home Office online checking service using a share code provided by the employee.
- Ask the employee for a valid share code and their date of birth, then use the Home Office online service to view their status.
- Check that the digital status photograph and biographical details match the person presenting for work.
- Confirm whether the permission is time-limited and diarise the permission end date for a follow-up check before expiry.
- Retain a record of the online check (e.g., a PDF or screenshot of the results page) with the date you conducted the check.
If an employee applies to extend before their permission expires, their conditions are usually protected by section 3C of the Immigration Act 1971. In these cases, employers should use the Employer Checking Service to obtain a Positive Verification Notice (PVN), which provides a time-limited statutory excuse (normally six months) while the application is decided. If a share code cannot be generated during a pending in-time application, rely on a PVN.
4. Dependants and family members
Children may be included as dependants on the application where they meet eligibility rules. For HR, this may be relevant when supporting an employee’s relocation, as dependant considerations can influence start dates, mobility decisions, and retention.
5. Extensions and conditions management
The visa must be extended before expiry. If permission lapses, the individual will lose their right to work, creating immediate compliance risks. HR should maintain robust tracking of permission end dates, build in lead time for extension applications, and ensure follow-up right to work checks are completed on or before the expiry date. Where an in-time extension has been filed, obtain a PVN if the online check does not yet reflect the new application.
Section C Summary
Civil partner visa holders have unrestricted work rights but cannot access public funds. Employers must verify status using the online share-code system (with BRPs largely replaced by eVisas), diarise permission end dates, and use the Employer Checking Service where appropriate during pending extensions. Proactive visa tracking and timely follow-up checks are critical to maintaining a statutory excuse and avoiding compliance risk.
Section D: Settlement & Long-Term Options
The civil partner route is intended to provide a stable pathway to long-term residence in the UK where the relationship is genuine and ongoing. Understanding the extension and settlement stages helps HR teams plan workforce continuity and reduce immigration risk.
1. Extension applications
The initial grant is typically 30 or 33 months (depending on whether the application was made in or outside the UK). Before expiry, the applicant must extend their permission. Evidence is required of a genuine and subsisting relationship, cohabitation, and continued financial eligibility. The English language requirement increases at extension: applicants usually need to meet at least A2 level on the Common European Framework (unless exempt).
From an HR perspective, missed deadlines or incomplete evidence can lead to a loss of permission to work. Ensure permission end dates are tracked well in advance and that employees understand the timing and evidence requirements for extension filings.
2. Indefinite Leave to Remain (ILR)
After 5 years of continuous residence on the partner route, applicants may qualify for ILR. In addition to relationship and suitability requirements, settlement typically requires meeting the English language standard at B1 level and passing the Life in the UK Test (subject to exemptions). ILR removes time limits and work restrictions, which simplifies right to work compliance and improves workforce certainty for employers.
3. British citizenship
After ILR, civil partners can usually pursue naturalisation. Where the sponsor is a British citizen, the applicant can apply for citizenship as a spouse/civil partner without the usual 12-month wait after ILR (subject to meeting residence and other statutory criteria). For employers, citizenship eliminates future visa processes and follow-up right to work checks related to time-limited permission.
4. Separation or breakdown of the relationship
If the civil partnership permanently breaks down before ILR is granted, the Home Office may curtail permission. The individual must then qualify under another route (for example, Skilled Worker) to remain lawfully. Where the breakdown involves domestic abuse, discretionary pathways may be available (including routes to settlement) that can preserve lawful status. HR teams should be alert to sudden changes in immigration position and obtain up-to-date evidence (e.g., a Positive Verification Notice) where needed to maintain a statutory excuse.
Section D Summary
The civil partner route offers progression from extension to ILR after five years, with citizenship available thereafter (often immediately post-ILR for partners of British citizens). HR should monitor permission end dates, understand rising language/evidence thresholds, and plan for contingencies where a relationship ends or an employee needs to move to another immigration route.
FAQs
Is there a separate Civil Partnership Visa in the UK?
No. The UK does not issue a standalone Civil Partnership Visa. Civil partners apply under the family visa partner route, which is the same category used for spouses.
Do civil partners have the same rights as spouses under UK immigration law?
Yes. Civil partners are treated the same as married spouses under the Immigration Rules. This means they can apply for permission to join or remain with their partner in the UK.
How long does it take to process a Civil Partner Visa application?
Processing times are usually 8 to 12 weeks, although priority services may be available for an additional fee. Delays can occur if evidence is incomplete or further checks are required.
Can an employee on a Civil Partner Visa work in the UK?
Yes. Civil partner visa holders have unrestricted rights to work and study. Employers must confirm status through the Home Office online checking service using a share code provided by the employee.
What happens if the civil partnership ends before settlement?
If the relationship breaks down before the applicant secures ILR, their visa may be curtailed. They must then qualify under another immigration route to remain lawfully. Where the breakdown involves domestic abuse, the Home Office provides discretionary options that may allow continued lawful residence.
Conclusion
There is no standalone Civil Partnership Visa under UK law. Instead, civil partners are recognised in the same way as spouses under the family visa partner route. Applicants face the same eligibility requirements, evidential demands, and rising financial and language thresholds as those applying for a spouse visa.
For HR directors and managers, the critical responsibilities are carrying out right to work checks through the online share code system, tracking visa expiry dates, and ensuring employees understand the requirements for extension and settlement. HR teams should also be alert to discretionary options that may apply if a relationship breaks down due to domestic abuse, which can affect immigration outcomes.
In the longer term, the route provides stability through settlement and eventual citizenship. By maintaining clear immigration compliance processes and supporting employees appropriately, HR managers can protect their organisation from compliance risks while enabling employees to secure a lasting future in the UK.
Glossary
| Term | Definition |
|---|---|
| Civil Partnership | A legally recognised relationship similar to marriage under UK law, conferring rights and responsibilities on both partners. |
| Family Visa (Partner Route) | A UK visa category allowing eligible partners (spouses and civil partners) of qualifying sponsors to live in the UK. |
| Sponsor | The British citizen, settled person (ILR), or person with refugee status/humanitarian protection who supports a partner visa application. |
| Genuine and Subsisting Relationship | Home Office test requiring evidence that the relationship is real and ongoing, with an intention to live together in the UK. |
| Indefinite Leave to Remain (ILR) | Permission to live in the UK permanently without immigration time limits or work restrictions. |
| Right to Work Check | The legal process employers must complete to verify a person’s permission to work in the UK and maintain a statutory excuse against civil penalty. |
| Share Code | A one-time code generated by a visa holder to allow employers to view their digital immigration status via the Home Office online checking service. |
| eVisa | Digital proof of immigration status accessed online, replacing physical BRP cards for most categories. |
| Employer Checking Service (PVN) | A Home Office service that can issue a Positive Verification Notice giving a time-limited statutory excuse when online checks are not possible (e.g., pending in-time applications). |
| Section 3C Leave | Statutory protection that extends an individual’s existing conditions while a timely extension application is pending. |
| Immigration Health Surcharge (IHS) | A fee payable by most applicants to access NHS services during their leave. |
| Life in the UK Test | A test assessing knowledge of UK customs, history, and culture, normally required for ILR and citizenship. |
Useful Links
| Resource | Link |
|---|---|
| GOV.UK – Family visas: apply, extend or switch | https://www.gov.uk/uk-family-visa |
| GOV.UK – Check if you can apply for a partner visa | https://www.gov.uk/uk-family-visa/partner |
| DavidsonMorris – Civil Partnership Visa UK | https://www.davidsonmorris.com/civil-partnership-visa-uk/ |
| Xpats.io – Civil Partner Visa Guide | https://www.xpats.io/civil-partner-visa/ |
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing & Content Agency for the Professional Services Sector.
