If you are already in the UK on another type of UK visa from which switching to a same-sex partner visa is permitted, you can apply for switching to a same-sex partner visa (5 years route) as a same-sex partner of a qualifying UK partner if you meet the eligibility requirements for switching into same sex partner visa. An application for switching to a same-sex partner visa from inside the UK can be submitted using Super Priority Service to get a decision on the application within 24 hours.
You will be considered as a same sex partner of the UK sponsor if you and your UK partner have been living together in a relationship akin to civil partnership or marriage for at least 2 years.
The application for switching into same sex partner visa under 5 years route is made 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 same-sex partner visa (5 years route). Those applicants who cannot meet all the requirements for switching into same-sex partner visas under 5 years route, can apply for switching into same-sex partner visas under 10 years route.
Free Immigration Advice For Switching Into Same Sex Partner Visa (5 Years Route)
Our specialist team of family visa solicitors can provide one-off free immigration advice online regarding your application for switching to a same-sex partner visa (5-year route) from inside the UK. Ask a question online to our specialist team of family visa solicitors for free immigration advice online, or book an appointment online for detailed immigration advice and consultation with one of our family visa solicitors concerning your application for switching to a same-sex partner visa.
Specialist Solicitors For Switching Into a Same-Sex Partner Visa (5 Years Route)
Our specialist family visa solicitors have successfully helped thousands of clients with their applications for switching to same-sex partner visas. We can provide fast, friendly, reliable, and fixed-fee immigration services concerning your application for a same-sex partner visa. Our expert team of family visa solicitors can provide super priority service (decision within 24 hours) for your application for a same-sex partner visa from inside the UK.
Premium Solicitors are specialist UK immigration solicitors and the high quality of UK visa and immigration legal services provided by our best team of fully qualified and experienced immigration solicitors is self-evident from the 5-star Google Reviews rating by 99% of our clients.
How Much Does Switching Into a Same-Sex Partner Visa (5 Years Route) Cost?
The costs associated with your application are outlined below:
Our Fixed Fees for Your Application
Our fixed fee for processing your application ranges from £1,000 + VAT to £1,500 + VAT. Our fixed fee will cover all our work on your application, including advising on documents, checking your documents, completing the application form and submitting the application online, booking an appointment for biometrics enrolment, preparing a cover letter in support of the application, uploading all supporting documents to be considered in support of the application, and carrying out all other follow up work until decision by the Home Office UKVI on your application.
Our agreed fixed fee will depend on the complexity of your case and the volume of work involved in your application. You will make an initial payment of half our fee when we start working on your matter, and the remaining half is due once we have fully prepared the application and it is ready for submission.
Unable to afford the cost of the full service? You have the option to book an appointment online for our one-off immigration advice and consultation service for a fixed fee of £100 (including VAT) or our immigration document checking service for a fixed fee of £300 (including VAT).
UKVI Fees for Your Application
In addition to our fixed fee for assisting you with your application, you are also required to pay the Home Office UKVI fees. The UKVI fee for your application is £1258, and there is an additional charge of £2587.50 for the Immigration Health Surcharge (IHS). Therefore, the total amount payable to the UKVI for the application is £3845.50.
Additionally, you can pay an additional £1,000 as a Super Priority Service fee to have your application decided within 24 hours.
Can I Use Super Priority Service For Switching Into a Same-Sex Partner Visa (5 Years Route)?
As specialist family visa 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 for switching into same sex partner visa whereby a decision on your same-sex partner visa application will be made within 24 hours if you submit your application through Super Priority Service.
Our family visa solicitors can prepare and submit your same-sex partner visa application faster and get you a decision faster through Super Priority Service. This way, you will not have to wait for the decision on your same-sex partner visa application for months (sometimes years).
How To Apply For Switching Into Same Sex Partner Visa (5 Years Route)?
To apply for switching to a same-sex partner visa (5 years route), you should take the following steps:
- Complete the online application form FLR (M) on the UKVI website;
- Submit the completed application online by paying the Home Office UKVI fees which include the application fee and the Immigration Health Surcharge (IHS);
- Book your biometrics appointments with the UKVCAS by creating an account on the UKVCAS web portal;
- Upload all the supporting documents online before the biometrics enrolment appointment date;
- 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;
- 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.
What Are The Requirements For Switching Into Same Sex Partner Visa (5 Years Route)?
The requirements for switching to a same-sex partner visa under the 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) in accordance with 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 or Turkish Worker visa holder. 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 requirement for switching to a same-sex partner partner visa (5 years route). The financial requirement can be met through
- income of the applicant and/or UK sponsor (£18,600 gross per year if applying with no dependent children) 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.
New Financial Requirement Of £29,000 Gross Per Year From 11 April 2024
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 who is applying for switching into an unmarried 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 under the 5 years route, 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.
What Are Various Sources Of Meeting Financial Requirements?
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). 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.
When Does Exemption From Financial Requirement Apply?
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.
What Is The Formula For Calculating Adequate Maintenance?
The Homme 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.
What Is the Immigration Status Requirement For Switching To Same Sex Partner Visa (5 Years Route)?
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 under a five-year 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
What Is the English Language Requirement For Switching To the Same Sex Partner Visa (5 Years Route)?
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 Ecctis 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 requirements prior to entry to the UK.
Can I Switch From Same Sex Partner Visa 10 Years Route To 5 Years Route?
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 10 years route. You should ideally switch to the 5-year route as soon as you meet the financial requirement and the English language requirement. Your time for ILR under 5 years route will start from the date you are granted initial leave under 5 years route and all the time you spent under 10 years route cannot be combined with time spent under 10 years route. We can prepare and submit your application through Super Priority Service so that you get a decision on your application within 24 hours.
Can I Switch From a Student Visa To the Same Sex Partner Visa (5 Years Route)?
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 living with a UK partner for at least two years in a relationship akin to marriage or civil partnership. 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.
Can I Switch From a Work Visa To the Same Sex Partner Visa (5 Years Route)?
A person who is 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 with the UK partner for at least two years in a relationship akin to marriage or civil partnership. 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 Work visa to switch to a same-sex partner visa after completing two years of living together with their British partner. 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.
Can I Re-Apply For Switching Into Same Sex Partner Visa After The Refusal?
You may be able to re-apply for switching into a same-sex partner visa under the 5-year route if your application for switching into a same-sex partner visa has been refused by the Home Office UKVI and you do not believe you can successfully challenge 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.
Can I Appeal Against Refusal Of Application For Switching Into Same Sex Partner Visa?
If your application for switching to a same-sex partner has been refused by the Home Office UKVI and you have been given the right to appeal against the refusal decision, you should file an appeal with the First Tier Tribunal within 14 days of the refusal decision. The appeal against the refusal decision can be successful on the grounds that the decision to refuse is not in accordance with rules or in contravention of your right to private and family life as envisaged under Article 8 of the European Convention on Human Rights (ECHR). An Immigration Judge at the First Tier Tribunal will hear and determine the appeal. Our specialist family visa solicitors can provide the required legal services to represent you in your immigration appeal to challenge the refusal decision.
How Can We Help With Switching Into Same Sex Partner Visa UK?
Our specialist team of family visa solicitors can provide expert immigration advice and legal representations for your application for switching to a same-sex partner visa on a fixed fee basis. Our family visa solicitors can legally represent you in your application for switching to a same-sex partner visa and carry out all the work on your application until a decision by the Home Office UKVI on your same-sex partner visa application. The immigration casework to be carried out by our immigration solicitors in relation to your application for switching to a same-sex partner visa will entail the following:
Advice on requirements: Our family visa solicitors will advise you on the relevant requirements you have to meet for your application for switching to a same-sex partner visa to be successful;
Documentary advice: Our family visa lawyers will prepare and email you a comprehensive list of supporting documents to be submitted in support of your application for switching to a same-sex partner visa;
Assessing documents: Our immigration lawyers will assess your documents to make sure that all the documents you provide in support of your application for switching to a same-sex partner visa are in accordance with the requirements of the immigration rules;
Completing the application form: Our immigration lawyers will complete the relevant application form for your application for switching to a same-sex partner visa;
Submitting an application through Super Priority Service: If required, our immigration lawyers will submit your application for switching to a same-sex partner visa online through Super Priority Service to get a decision on your application for switching to a same-sex partner visa within 24 hours;
Booking an appointment with the application centre: After the online submission of your application for switching to a same-sex partner visa, our immigration lawyers will book your appointment with the application centre for you to enrol your biometrics;
Detailed cover letter: Our specialist immigration solicitors will prepare a detailed cover letter in support of your application for switching to a same-sex partner visa to explain all the relevant legal requirements for your application to be approved by the Home Office UKVI;
Uploading documents online: Before the biometrics enrolment date, our immigration lawyers will upload online all the supporting documents to be considered in support of your application for switching to a same-sex partner visa;
Follow-up work: Our immigration lawyers will carry out all the follow-up work until a decision by the Home Office UKVI on your application for switching to a same-sex partner visa.
Why Choose Us For Switching To a Same-Sex Partner Visa (5 Years Route)?
There are a number of reasons why you can choose our family visa solicitors and lawyers in London to handle your application for switching to a same-sex partner visa from inside the UK. The main reasons include the following:
High-Quality Legal Services: Our team of the best family visa solicitors in London provides high-quality legal services for switching to a same-sex partner visa from inside the UK. The high quality of UK visa and immigration legal services provided by our best team of immigration lawyers is self-evident from the 5-star Google Reviews rating by 99% of our clients.
Remote Legal Services: Our specialist family visa solicitors and lawyers can provide you with expert immigration advice and legal representation remotely from our offices in London. Using modern technology, our specialist family visa solicitors and lawyers can handle your application for switching to same-sex partner visas remotely without the need for you to visit our offices. Whilst we are more than happy to welcome clients into our offices, if this is their preference, we are proud to be able to offer our legal services for same-sex partner visa applications remotely to save your time and travel costs.
Open 7 Days A Week: We pride ourselves on providing dedicated immigration advice and legal representation 7 days a week for applications to switch to a same-sex partner visa from inside the UK.
All Work Carried Out By Qualified Specialist Immigration Solicitors: Our specialist team of fully qualified and experienced family visa solicitors, who have extensive experience dealing with same-sex partner visa applications, will carry out all the casework on your application for switching into a same-sex partner visa in the UK.
Fast Track Visa Service: Our experienced and qualified family visa solicitors will be able to prepare and submit your application for switching to a same-sex partner visa in the shortest possible time using the fast track process. Where possible, our family visa solicitors will submit your same-sex partner visa application through the Super Priority Visa Service to get a faster decision on your same-sex partner visa application within 24 hours.
Free Immigration Advice Online: Our specialist team of family visa solicitors and lawyers can provide one-off free immigration advice online for switching to a same-sex partner visa UK through our website enquiry form.
Fixed Fees With Payment Plan: Our family visa solicitors and lawyers charge reasonable and affordable fixed fees for an application for switching into a same-sex partner visa with an option to pay our fixed fee in two instalments whereby you pay half of the agreed fixed fee when we start our work on your same-sex partner visa application and the remaining half when we have fully prepared the same sex partner visa application and it is ready for submission to the Home Office UKVI.
What Are Our Other Same Sex Partner Visa Related Services?
- Same-Sex Partner Visa UK
- Entry Clearance For Same-Sex Partner Visa UK
- Switching Into a Same-Sex Partner Visa (10 Years Route)
- Extension Of a Same-Sex Partner Visa (5 Years Route)
- Extension Of a Same-Sex Partner Visa (10 Years Route)
- ILR As A Same-Sex Partner (5 Years Route)
- ILR As A Same-Sex Partner (10 Years Route)
- Family Visa UK
- Immigration Appeals UK
Frequently Asked Questions (FAQs) For Switching Into Same Sex Partner Visa (5 Years Route)
Following are the various frequently asked questions (FAQs) about an application for switching to same-sex partner visa (5 years route):
To apply for switching to a same-sex partner visa (5 years route), you and your partner must have been living together as a couple in a relationship akin to marriage or civil partnership for at least 2 years.
Once you have completed at least 2 years of cohabitation with your same-sex partner, you can apply for switching to a same-sex partner visa (5 years route) from inside the UK at any time during the validity of your current leave to remain or visa. You do not necessarily have to wait until 28 days before the expiry of your current leave. Rather, it is better to switch earlier, if possible, so that your qualifying time for ILR can start as soon you have switched to the 5-year route.
Yes, a T5 Temporary Worker who has been cohabiting with a UK same-sex partner for at least 2 years can switch from a T5 Temporary Worker visa to a same-sex partner visa (5 years route) from inside the UK.
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 a same-sex partner visa. The processing times for switching to a same-sex partner visa (5 years route) are as follows:
Standard Service
The Home Office UKVI normally decides on an application to switch to a same-sex partner visa submitted under standard service within 3 to 6 months.
Super Priority Service
An application for switching to a same-sex partner visa under the Super Priority Service is likely to be decided within 24 hours.
The applicant's application for switching to same-sex partner visa (5 years route) 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 applicant's presence in the UK is not conducive to the public good, any legal or practical reasons why the applicant cannot 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.
