OMG, civil partnerships only for same-sex couples??

[Badly Drawn Girl]

Someone please stop me from having a panic attack. I just read this on the UK Border Agency Visa Services Home Page website: "Under the Civil Partnership Act 2004, civil partnerships can only be entered into by same-sex couples."

Does this mean that my partner and I (who are opposite-sex) will not be recognized as legal partners in the UK?? My entire visa application is based on this!

[Badly Drawn Girl]

This is actually really scary, because the ACTUAL law states that "The legal position in the UK is governed by the Civil Partnerships Act 2004... Same-sex couples may do so by registering as civil partners of each other provided that: (i) they are of the same-sex." And also: "The Civil Partnership Scheme was not extended to heterosexual couples as the UK Government was of the opinion that legal recognition of heterosexual couples relationships could be obtained through marriage."

However, there is a lot of proof that they should accept heterosexual couples in civil partnerships:

"Same sex and hetrosexual couples can register as a 'domestic partnership' in California and New Jersey, which fits the criteria under the Civil Partnership Act 2004."

"The second way of forming a civil partnership is by the couple registering an 'overseas relationship.' A civil partnership is treated as having been formed when the overseas relationship is registered as having been entered into, under the laws of the country or territory in which it is registered. For example, if a same-sex couple marry under the laws of Canada, once that marriage is registered in Canada, the couple are treated as having entered into a civil partnership for the purposes of UK law." (So therefore since civil partnerships are recognized between heterosexual couples in New Zealand, the UK should recognize those laws.)

Even if we did not qualify for a "civil partnership" per se under the current legislation, it stands to reason that we should be accepted on the grounds of being "unmarried partners or common-law spouses." Correct?

Given this new discovery however, do you think it would be wise to reapply as a common-law spouse? Although it may even be too late for me since I have already submitted my application online and paid the thousand-dollar fee.

[jlms]

I know it is none of my business, but you would be in a better, clearer position by simply getting married....

[richarddeary]

Mmmmhhh, some people not keen on that option, me thinks.

[Badly Drawn Girl]

Originally Posted by jlms

I know it is none of my business, but you would be in a better, clearer position by simply getting married....

New Zealand offers civil partnerships for both same- and opposite-sex couples and we were within our every right to choose that option. We ARE planning on getting "married-married," FYI, but chose to hold off due to the fact that we were halfway across the world, would not have been able to have our families or our friends present for the wedding, and we simply didn't have the time or money to arrange it. I find it really offensive when people assume that we are somehow less than a legitimate couple because we didn't have the whole white-dress-and-tux shebang. Sorry, but we are not interested in having a shotgun wedding simply for visa purposes.

My surprise at finding the statement in my original post was more due to the fact that I had no idea the UK had originally wrote the legislation to only include same-sex partners. Obviously their logic was the same as yours; that opposite-sex couples "really should just get married."

Oh, and this point: "Same sex and hetrosexual couples can register as a 'domestic partnership' in California and New Jersey, which fits the criteria under the Civil Partnership Act 2004." This pretty much confirms (to me) the fact that we are indeed in a completely legitimate position, since the UK is required to accept heterosexual civil partnerships if they were certified in a country where such things are legal. The only thing we wouldn't have been able to do would be to register a civil partnership in the UK.

GOD it really burns me when people say "You should really go get married, then you'll REALLY be in a legitimate relationship." You DO realize that the UK even offers settlement visas to couples who do not even intend, EVER, on getting married, right?

[attuk]

Bit confused here .... are you applying for de facto visa (dependent). Is your partner British or a permanent resident in the UK ?

[jlms]

I am not questioning the legitimacy of your commitment, neither am I denying that people in your situation can settle in the UK.

What I am saying is that it is immensely easier to go through the bureaucratic hurdles if you are married. That is a statement of fact, not a moral judgement.

[Badly Drawn Girl]

Originally Posted by attuk

Bit confused here .... are you applying for de facto visa (dependent). Is your partner British or a permanent resident in the UK ?

I am applying for a settlement visa based on civil partnership to a British citizen.

And in regards to it being easier for married couples, the actual application I filled out is identical to the one I would have filled out if I were married. I simply ticked a different box when they asked me if I was married or in a civil partnership. (All the questions regarding our relationship used the term "married partner/civil partner" so obviously they are interchangable for the purposes of this visa.)

[peppera-ann-]

from what i researched it is for same sex, because i have been pulling my hair out trying to find a visa for me. i thought i had it(the same you are talking about) but then it does say the same sex thing...i think perhaps you should call your local consulat. ($3.00 a minute) but it will be worth it to get it clarified.

goodluck and let me know. im in the same boat(almost anyway)

[oddball]

Originally Posted by jlms

I am not questioning the legitimacy of your commitment, neither am I denying that people in your situation can settle in the UK.

What I am saying is that it is immensely easier to go through the bureaucratic hurdles if you are married. That is a statement of fact, not a moral judgement.

Do they give gays this 'Right' because they feel sorry for them or what? How hard does any government need to be against more 'Normal' humans ? To twist arms to make you conform to thier way of thinking is way out of line in my honest opinion . Please do not jump on your high horse because i have most likely heard it all before , these people are not asking for an easy way out by doing something they have not CHOSEN to do for thier own PERSONAL reasons , just as gays have thier own PERSONAL reasons . Proof of living together for a year is usualy enough to prove commitment and so it should be .