Switching to a Same Sex Partner Visa UK

You can apply for switching to a same-sex partner visa from inside the UK if you have been living with your UK partner for at least two years and you meet the eligibility requirements for switching to a same-sex partner as set out in Appendix FM of the Immigration Rules. Your UK partner must be either a British Citizen, a person with ILR / settled status, an EU national with pre-settled status, a refugee, a Turkish Businessperson visa holder, a Turkish Worker visa holder, or a person with leave to remain in the UK as a stateless person. 

It is also essential to meet the immigration status requirement for switching to a same-sex partner visa from inside the UK and all other eligibility requirements. 

You can apply for switching to a same-sex partner visa (5-year route) by completing the application form FLR (M) online. 

You can apply for switching to a same-sex partner visa (10 years route) by completing the application form FLR (FP) online. 

Yes, you can submit your application for switching to a same-sex partner visa from inside the UK through Super Priority Service to get a decision on your application within 24 hours. 

The requirements for switching to a same-sex partner visa (5-year route) from inside the UK include the following:

Valid application: The applicant must submit a valid application for switching to a same-sex partner visa (5 years route) according to the requirements as set out in Appendix FM of the Immigration Rules;

Immigration status requirement: The applicant must not be in the UK

• as a visitor; or
• with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed same-sex partner or was granted pending the outcome of family court or divorce proceedings.

Relationship requirement: The applicant must be the same-sex partner (must have lived together for at least 2 years) of a person who is either a British Citizen, a person with ILR / settled status, an EU national with pre-settled status, a refugee / humanitarian protection status holder, Turkish Businessperson visa holder, a Turkish Worker visa holder or a person with permission to stay in the UK as a stateless person. The relationship of the applicant with the UK sponsor must be genuine and subsisting, and the appropriate evidence of the genuineness and subsistence of the relationship should be provided in support of the application for switching to a sex-partner partner visa;

Age requirement: Both the applicant and the UK partner must be aged 18 or over;

Suitability Requirement: The applicant should meet the suitability requirements as set out in Appendix FM to the Immigration Rules;

Financial requirement: The applicant should meet the financial requirements for switching to a same-sex partner visa (5 years route). The financial requirement can be met through

• income of the applicant and/or UK sponsor i.e. £29,000 gross per year (unless exempt) from employment or self-employment; and/or
• savings of the applicant and/or the sponsor; or
• through the rental income of the applicant and/or the sponsor.

Accommodation requirement: The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family owns or occupies exclusively;

English Language Requirement: The applicant must meet the English language requirement to show that the applicant has English proficiency at CEFR level A1 as required by the UK Immigration Rules.

To apply for switching to a same-sex partner visa from inside the UK, you should complete the following step-by-step process:

1. Complete the online application form for switching to a same-sex partner visa from inside the UK on the UKVI website;
2. Submit the completed application online by paying the Home Office UKVI fees, which include the application fee and the Immigration Health Surcharge (IHS);
3. Book your biometrics appointments with the UKVCAS by creating an account on the UKVCAS web portal;
4. Upload all the supporting documents online before the biometrics enrolment appointment date;
5. Attend your biometrics enrolment appointment. You should take your BRP card, your passport, and your biometrics appointment letter with you when you attend your biometrics appointment;
6. Wait for a decision on the application, which will normally be made within 3 to 6 months if it is made through standard service and within 24 hours if it is made through Super Priority Service.

As a result of changes to Appendix FM of the Immigration Rules effective from 11 April 2024, the new financial requirement of £29,000 gross per annum applies to an applicant applying for switching to a same-sex partner visa on or after 11 April 2024. You will not have to meet income requirements higher than £29,000 gross per annum if you have any dependent children applying simultaneously along with the lead applicant, and the threshold will remain at £29,000 gross per annum.

To satisfy the financial requirement for switching to a same-sex partner visa, the applicant and/or the applicant's UK partner must be working and earning not less than £29,000 gross per year. If the employment income under Category A is less than £29,000 gross per annum, the applicant can combine it with savings. The savings must be £16,000 plus additional savings equivalent to 2.5 times the difference between the applicant's and/or sponsor's gross annual income and £29,000. 

Where the applicant has to meet the minimum income threshold, the financial requirement can generally be met in the following 5 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). Depending on the employment history, this is referred to as Category A or Category B.
• Non-employment income, such as income from property rental or dividends from shares, 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.

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 £29,000:

• 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 receiving 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.

The Home Office UKVI will use the following formula to determine whether you meet the adequate maintenance requirement for switching to a same-sex partner visa from inside the UK:

A – B ≥ C (A minus B is greater than or equal to C)
Where:
A is the net income (after deduction of income tax and National Insurance contributions);
B is housing costs (Rent and Council Tax); and
C is the amount of Income Support an equivalent British family of that size can receive.

The immigration rules require that the applicant must meet the immigration status requirement to successfully switch to a same-sex partner visa (5-year route) from inside the UK. For an application for switching to a same-sex partner visa (5 years route) to succeed, the applicant must not be in the UK-

• as a visitor; or
• with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings

The applicant must not be in the UK-

• as a visitor; or
• with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings

The applicant must not be in the UK –

• on immigration bail, unless:
  • the Secretary of State is satisfied that the applicant arrived in the UK more than 6 months prior to the date of application; and
  • paragraph EX.1. applies; or
• in breach of immigration laws (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded), unless paragraph EX.1. applies.

One key requirement for the applicant to succeed in an application for switching to a same-sex partner visa (10-year route) is to meet the requirements of paragraph EX1 of the Immigration Rules. 

The requirements of EX1 can be satisfied by showing that either:

• the applicant has a parental relationship with a child under 18 who is in the UK and who  is:
  • British Citizen; or
  • holding ILR; or
  • has lived in the UK continuously for 7 years; and
• it is unreasonable to expect such a child to leave the UK.

OR

• the applicant has a genuine and subsisting relationship with the UK partner who is either a British Citizen, a person with ILR / settled status, an EU national with pre-settled status, a refugee, a Turkish Businessperson visa holder, a Turkish Worker visa holder, or a stateless person visa holder, and there are insurmountable obstacles to family life with that partner continuing outside the UK. Insurmountable obstacles mean the very significant difficulties that would be faced by the applicant or their partner in continuing their family life outside the UK, which could not be overcome or would entail very serious hardship for the applicant or their partner.

If you are in the UK under a same-sex partner visa (10 years route), you can apply for switching to a same-sex partner visa (5 years route) at any time during the validity of your leave under the same-sex partner visa (10 years route). You should ideally switch to the same-sex partner visa 5-year route as soon as you meet the financial and English language requirements. Your time for ILR under the same-sex partner visa (5 years route) will only start from the date you are granted your initial leave under the same-sex partner visa (5 years route). All the time you spend under the same-sex partner visa (10 years route) cannot be combined with time spent under the same-sex partner visa (5 years route). We can prepare and submit your application for switching to a same-sex partner visa (5-year route) through Super Priority Service so that you get a decision on your application within 24 hours.

The applicant applying for switching to a same-sex partner visa (5 years route) must provide specified evidence that he/she:

1. is a national of a majority English-speaking country; or
2. 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
3. has an academic qualification recognised by UK Ecctis to be equivalent to the standard of a Bachelor’s or Master’s degree or Ph.D. in the UK, which was taught in English; or
4. 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 that prevent the applicant from being able to meet the requirements prior to entry to the UK.

No, you do not have to meet the English language requirement to apply for switching to a same-sex partner visa (10-year route).

No, you do not have to meet the financial requirement of £29,000 gross per year to switch to a same-sex partner visa (10-year route). 

The processing time for switching to a same-sex partner visa (5-year route) depends on the type of service you use to apply for switching to a same-sex partner visa (5-year route). 

Standard Service: The Home Office UKVI will normally decide on an application for switching to a same-sex partner visa (5-year route) submitted under the standard service within 3 to 6 months.

Super Priority Service: An application for switching to a same-sex partner visa (5-year route) submitted under the Super Priority Service is normally decided within 24 hours.

The processing time for switching to a same-sex partner visa (10-year route) depends on the type of service you use to apply for switching to a same-sex partner visa (10-year route). 

Standard Service: The Home Office UKVI will normally decide on an application for switching to a same-sex partner visa (10-year route) submitted under the standard service within 12 months.

Super Priority Service: An application for switching to a same-sex partner visa (10 years route) submitted under the Super Priority Service is normally decided within 24 hours.

The main differences between the same-sex partner visa (5 years route) and the same-sex partner visa (10 years route) include the following:

Qualifying period for ILR: Under the same-sex partner visa (5 years route), you can apply for ILR once you have spent 5 years in the UK under a same-sex partner visa (5 years route). Under the same-sex partner visa (10 years route), you can apply for ILR when you have completed 10 years in the UK under a same-sex partner visa (10 years route), including any time spent previously under the same-sex partner visa (5 years route). Any time spent under the (5-year route) can be combined with the same-sex partner visa (10-year route) when calculating 10 years to qualify for ILR under the same-sex partner visa (10-year route).

Financial Requirement: The same-sex partner visa (5-year route) requires the applicant to meet the financial requirement of earning £29,000 if the initial application was made on or after 11 April 2024. Still, there is no financial or even adequate maintenance requirement for applying for a same-sex partner visa (10-year route).

English Language Requirement: The same-sex partner visa (5 years route) requires the applicant to meet the English language requirement in listening and speaking only, whereas the same-sex partner visa (10 years route) does not.

Immigration Status Requirement: The same-sex partner visa (5-year route) requires the applicant to meet the Immigration Status requirement by not being a visitor and having leave to remain, which was granted for longer than 6 months. In contrast, the same-sex partner visa (10-year route) requires the applicant to meet the immigration status even through an immigration bail. On an exceptional basis, even an overstayer can succeed in an application for a same-sex partner visa (10-year route). Still, you cannot succeed under the same-sex partner visa (5-year route) without meeting the immigration status requirement.

Paragraph EX1 Of Appendix FM: An applicant for leave to remain under the same-sex partner visa (5 years route) does not have to meet the requirements of paragraph EX1 of Appendix FM of the Immigration Rules, whereas a person applying for leave to remain as a same-sex partner (10 years route) must meet the requirements as set out in paragraph EX1 of Appendix FM of the Immigration Rules.

The applicant's application for switching to a same-sex partner visa will be refused (mandatory refusal) if the following paragraphs apply:

• The applicant is currently the subject of a deportation order.
• The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years.
• The presence of the applicant in the UK is not conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for less than 4 years but at least 12 months, unless a period of 10 years has passed since the end of the sentence; or
• The presence of the applicant in the UK is not conducive to the public good because, in the view of the Secretary of State, their offending has caused serious harm or they are a persistent offender who shows a particular disregard for the law.
• The presence of the applicant in the UK is not conducive to the public good because their conduct (including convictions which do not fall within paragraphs S-LTR.1.3. to 1.5.), character, associations, or other reasons, make it undesirable to allow them to remain in the UK.
• The applicant has failed without reasonable excuse to comply with a requirement to-
  • attend an interview;
  • provide information;
  • provide physical data; or
  • undergo a medical examination or provide a medical report.
• The presence of the applicant in the UK is not conducive to the public good because the Secretary of State:
  • has made a decision under Article 1F of the Refugee Convention to exclude the person from the Refugee Convention or under paragraph 339D of these Rules to exclude them from humanitarian protection; or
  • has previously made a decision that they are a person to whom Article 33(2) of the Refugee Convention applies because there are reasonable grounds for regarding them as a danger to the security of the UK; or
  • considers that they are a person to whom sub-paragraph (a) or (b) would apply except that (i) the person has not made a protection claim, or (ii) the person made a protection claim which has already been finally determined without reference to Article 1F of the Refugee Convention or paragraph 339D of these Rules; or
  • has previously made a decision that they are a person to whom Article 33(2) of the Refugee Convention applies because, having been convicted by a final judgment of a particularly serious crime, they constitute a danger to the community of the UK.

When considering whether the presence of the applicant in the UK is not conducive to the public good any legal or practical reasons why the applicant cannot presently be removed from the UK must be ignored.

The applicant will normally be refused on grounds of suitability if any of the following paragraphs apply.

• Whether or not to the applicant’s knowledge –
  • false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
  • there has been a failure to disclose material facts in relation to the application.
• A maintenance and accommodation undertaking has been requested under paragraph 35 of these Rules and has not been provided.
• The Secretary of State has given notice to the applicant and their partner under section 50(7)(b) of the Immigration Act 2014 that one or both of them have not complied with the investigation of their proposed marriage or civil partnership.

The applicant may be refused on grounds of suitability if any of the following paragraphs apply:

• The applicant has made false representations or failed to disclose any material fact in a previous application for entry clearance, leave to enter, leave to remain or a variation of leave, or in a previous human rights claim; or did so in order to obtain from the Secretary of State or a third party a document required to support such an application or claim (whether or not the application or claim was successful).
• The applicant has previously made false representations or failed to disclose material facts for the purpose of obtaining a document from the Secretary of State that indicates that he or she has a right to reside in the United Kingdom.
• The applicant has failed to pay litigation costs awarded to the Home Office.
• One or more relevant NHS bodies has notified the Secretary of State that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £500.

Yes, you can apply for a fee waiver online if you submit an application for switching into a same-sex partner visa 10 years route and cannot pay the Home Office UKVI fees for the application. 

You can apply for a fee waiver if you cannot pay the fee because you:

• do not have a place to live and cannot afford one
• have a place to live but cannot afford essential living costs like food or heating
• have a very low income and paying the fee would harm your child’s wellbeing

Apply for a fee waiver online from inside the UK.

A person who is in the UK on a student visa can apply for switching to a same-sex partner visa (5-year route) after two years of living together with the UK partner. The applicant can combine his/her part-time employment income with the income of the UK partner to meet the financial requirement for switching from a student visa to a same-sex partner visa from inside the UK. The student can rely on the English language requirement previously met as part of the student visa application to satisfy the English language requirement for switching from a student visa to a same-sex partner visa from inside the UK.

A person in the UK on any work visa can apply for switching to a same-sex partner visa from inside the UK if the applicant has lived together with the UK partner for at least two years while on a UK work visa. Time spent by the applicant on a work visa will not count towards the qualifying period of 5 years when applying for ILR as a same-sex partner under the 5-year route.

It is very common for those on a T5 Temporary Worker visa, skilled worker visa and other various work visa holders to switch to a same-sex partner visa after living with the UK partner for at least two years. The applicant can meet the financial requirement either through his/her sole income or in combination with the income of his/her UK partner to qualify for switching to a same-sex partner visa from inside the UK.

You may be able to re-apply to switch to a same-sex partner visa if the Home Office UKVI refuses your application to switch to a same-sex partner visa and you do not believe you can successfully appeal against the refusal of your application. Any such fresh application should meet the requirements as set out in paragraph 39E of the Immigration Rules. Also, any such fresh application should be made ideally through Super Priority Service for a decision on the application within 24 hours.

If your application for switching to a same-sex partner visa has been refused by the Home Office, UKVI, you can challenge the refusal decision by filing an appeal with the First Tier Tribunal (FTT) within 14 days of the refusal decision. Our specialist team of immigration appeal solicitors can provide the required legal services for your appeal to challenge the refusal of your application. 

Yes, you can switch from your Graduate route visa to a same-sex partner visa from inside the UK if you have been living with your UK partner for at least two years in a relationship akin to a marriage and you meet all the eligibility requirements for successfully switching to a same-sex partner visa from inside the UK.

The following are the most common types of visas from which an application for switching to a same-sex partner visa is made from inside the UK: 

• Switching from a skilled Worker visa to a same-sex partner visa
• Switching from ICT visa / Senior or Specialist Worker visa to a same-sex partner visa 
• Switching from a student visa to a same-sex partner visa
• Switching from a Graduate visa to a same-sex partner visa
• Switching from a Temporary Work visa to a same-sex partner visa
• Switching from a same-sex partner visa 10-year route to a same-sex partner visa 5-year route

The most common reasons for the refusal of an application for switching to a same-sex partner visa (5 years route) include the following:

• The applicant failed to meet the minimum income requirements
• The applicant failed to prove that the applicant and his/her UK partner have been living together for at least two years in a relationship akin to a marriage
• The applicant failed to prove that his/her relationship with his the same-sex partner is genuine and subsisting
• The applicant failed to meet the English language requirement at level A1 of CEFR in listening and speaking only
• The applicant made a mistake in the completion of the application form or completed the wrong application form for switching to a same-sex partner visa
• The applicant failed to provide the correct documents or submitted false documents/representations
• The applicant failed to disclose past criminal convictions or adverse immigration history   
• The applicant did not meet the suitability requirements due to criminal conviction(s) of the applicant

If your application is complex and not straightforward, you should use the legal services of our partner visa solicitors in order to enhance your chances of success in your application for switching to a same-sex partner visa. 

Our partner visa solicitors will charge a reasonable fixed fee to handle your application for switching to a same-sex partner visa from inside the UK. Our fixed fee will cover all our work on your application until a decision is made by the Home Office on your application.

You can check our fixed fee for your application for switching to a same-sex partner visa from inside the UK by visiting our page - Our Fixed Fees For Family Visa Applications