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UK Skilled Worker Visa for Same-Sex Partners

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When Tsewang told me about the job offer, I was very happy for him because it was a great boost for his career. At the same time, I realised that I would not be able to come with him to the UK since I did not have a UK visa. We have lived together for the last couple of years, and I could not imagine living apart. We started to look for a way to relocate together and, fortunately, came across Imperial & Legal’s ad online.

Dodge, 30 years old
Surgeon from India
Clients’ names and photos have been changed

Two young men contacted Imperial & Legal and asked for help in getting UK visas for them.

Tsewang and Dodge are from India. They came from different provinces but lived together in Bangalore. They had lived together for several years, and though they were not married officially, they did not hide their relationship.

According to British law, Tsewang and Dodge’s relationship is official. They are same-sex partners and it does not matter whether they are married or in a civil partnership.

Our Clients

Tsewang and Dodge are from India. Tsewang, 28 years old, is a computer game developer. Dodge, 30 years old, is a surgeon in a local hospital. Both live in Bangalore, often referred to as the Indian Silicon Valley.

Tsewang worked in an Indian subsidiary of an international IT company. In May 2019 he was offered a promotion and relocation to the United Kingdom. He was happy, but he did not want to leave his partner in India. Dodge was ready to relocate with Tsewang. Besides, he had a profession that was in demand and relevant qualifications. 

There were some legal complications though. Tsewang’s employer could provide all the necessary documents for him to get a UK Skilled Worker visa. Dodge did not have such a sponsor.

Dodge could not get a UK Skilled Worker visa without a job offer from a British company. He sent his CV to several British clinics but could not get the job without a live interview. All clinics wanted to see him personally before giving him the job.

It meant that Tsewang had no choice but to fly to the UK alone and separate from his partner for an indefinite period. They did not want that. Therefore they contacted Imperial & Legal to find a solution.

The Challenge

To help both clients relocate to the UK on a long-term visa.

The Solution

Imperial & Legal’s advisors found out that Tsewang would get a UK Skilled Worker visa without any difficulties. His employer was ready to issue a certificate of sponsorship for him and pay him a salary exceeding the required minimum. 

As for Dodge, there were two possible ways to get him relocated. He could try to find a British sponsor and apply for a UK Skilled Worker visa himself, or he could be added to Tsewang’s application as a dependant.

Imperial & Legal’s legal advisors thought the latter option to be safer. 

Our experts explained to Tsewang and Dodge several important things. First of all, they assured the couple that there would be no discrimination because of their relationship. Same-sex partnership is recognised and respected in the UK. At the same time, they should not expect any concessions because they are a minority. The Home Office reviews each application separately and objectively. 

Secondly, an unmarried same-sex partner could be added to a visa application. Tsewang and Dodge did not have to register their relationship for that. They just needed to prove that they had been together for at least two years.

After consultation with Imperial & Legal’s advisors, it turned out that the partners could not provide enough evidence of their relationship. They only had a few photos and several witnesses. Unfortunately, it was not enough.

In that case, we advised Tsewang and Dodge to get married in a country where non-resident same-sex partners could register their relationship. With a marriage certificate in hand, Dodge would have no problem applying as Tsewang’s dependant.

The partners agreed and started looking for a country where to get married. They were choosing between Denmark and Portugal. Finally, Tsewang and Dodge chose Denmark. It was the first country to recognise a same-sex civil partnership, so all the processes were smooth and efficient. This fact contributed to the spread of marriage tourism to Denmark among same-sex civil partners. The UK accepts Danish marriage certificates no matter where the partners come from. 

Imperial & Legal’s legal advisors warned the clients that since Dodge would be Tsewang`s dependant, Tsewang would have to be able to support both of them in the UK.

Fortunately, Tsewang’s salary covered the required minimum. He also had some savings in his bank account that could be used to comply with the maintenance requirement. 

Dodge did not want to be dependent on his partner. He planned to find a job as a surgeon in either a public or private clinic in the UK. With a sponsor, he would be able to apply for a UK Skilled Worker visa himself inside the UK.

Dodge gets a UK visa as his partner’s dependant in three months

12 April
A contact is made with Imperial & Legal
+1 month
The clients get married in Denmark
+2 weeks
Documents for the dependant are prepared
+1 day
An application is submitted
+1 week
Biometrics are taken
+1 month
A UK visa is issued for the dependant
4 July
Dodge gets his UK visa as Tsewang’s dependant

The Conclusion

Each case is unique, so there are no standard solutions. It is better to consult specialists to find the best strategy and avoid potential risks. 

Our clients got their visas in three months thanks to Imperial & Legal’s coordinated efforts and correctly developed strategy.

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