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Responses to Civil Partnership:A framework for the legal recognition ...

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If two civil partners do not have a shared household that would be amatter <strong>for</strong> <strong>the</strong>m, and no-one will <strong>for</strong>ce <strong>the</strong>m <strong>to</strong> live <strong>to</strong>ge<strong>the</strong>r. Thesituation is no different <strong>for</strong> married couples.On dissolution of a civil partnership where <strong>the</strong>re has been no sharedhousehold, <strong>the</strong>se circumstances would be taken in<strong>to</strong> account by <strong>the</strong> courtwhen considering <strong>the</strong> facts of <strong>the</strong> case in <strong>the</strong> dissolution proceedings.Rights and ResponsibilitiesQ. Why should I lose out on some rights by choosing not <strong>to</strong> register a civilpartnership?A. The registration of a civil partnership involves both <strong>legal</strong> obligations aswell as <strong>legal</strong> protections. It would not be appropriate <strong>for</strong> couples <strong>to</strong> gainall <strong>the</strong> rights without any of <strong>the</strong> responsibilities. Certain rights, <strong>for</strong>example, protection from domestic violence would not be dependent upon<strong>the</strong> registration of a civil partnership. 9ImmigrationQ. Non-married partners must be resident <strong>for</strong> five years <strong>to</strong> qualify <strong>for</strong>naturalisation as a British citizen and married partners only three years. Willregistered same-sex partners be able <strong>to</strong> qualify after three or five years?A. The Government intends <strong>to</strong> amend British nationality law <strong>to</strong> put civilpartners on <strong>the</strong> same footing as spouses. A three year residence periodwill apply <strong>to</strong> both.Q. If <strong>the</strong> civil partnership law comes in<strong>to</strong> <strong>for</strong>ce will this mean that my same-sexpartner who lives in a different country will be able <strong>to</strong> come and live here inEngland with me?A. If you are a UK national, your same-sex partner will be able <strong>to</strong> apply <strong>for</strong>entry clearance <strong>to</strong> come <strong>to</strong> <strong>the</strong> UK <strong>to</strong> register a partnership with you.Once entry clearance is obtained and you have registered, your partnermay apply <strong>for</strong> leave <strong>to</strong> remain in <strong>the</strong> UK <strong>for</strong> two years in <strong>the</strong> first instance.At <strong>the</strong> end of this period and provided <strong>the</strong> partnership is still subsistingand o<strong>the</strong>r criteria are met, application can be made <strong>for</strong> settlement.9Safety and Justice: The Government's Proposals on Domestic Violence" set out how <strong>the</strong> Government proposes <strong>to</strong>amend <strong>the</strong> "associated person" criteria of <strong>the</strong> Family Law Act 1996 <strong>to</strong> provide same-sex couples who are cohabitingwith <strong>the</strong> same levels of protection as cohabiting opposite-sex couples. The Government intends <strong>to</strong> legislate at <strong>the</strong>earliest possible opportunity.38

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