Ensuring Confidentiality and Safety in Applications for Same Sex Relationships
In many countries, being in a same-sex relationship or disclosing one’s sexual orientation can pose serious risks. Even if immediate danger isn’t present, discrimination based on sexual orientation is widespread. Therefore, it’s crucial to ensure that a visa application does not expose an applicant’s sexual orientation to local authorities or the public.
Existing application process for Visas for Same sex relationships
The current application process has some positive aspects. For example, a visa issued under the Appendix FM partner route lists the partner’s name but does not indicate their sex. Additionally, a biometric residence permit simply states “partner,” thereby keeping same-sex relationships discreet when crossing borders.
However, there have been historical concerns with the visa application process. In the past, applicants were required to present evidence of their relationship to local staff at visa application centers. We have previously liaised with UK Visas and Immigration to create special arrangements for applicants, such as using different details for the UK-based partner or submitting evidence directly to UK caseworkers.
Alleviating some concerns
Recently, some of these concerns have been alleviated with the introduction of self-uploading. Now, most applicants can upload their documents without needing to present them in their country of origin or at the visa application center. Still, certain issues remain that practitioners must consider:
- Access to Uploaded Documents: It’s vital to ensure that uploaded documents are not visible to local partner staff.
- Document Checklists at Visa Centers: In some regions, applicants must bring a document checklist that includes the UK partner’s full name. If local staff examine this checklist, they may discover the applicant’s same-sex relationship.
- Digital Status: UK Visas and Immigration is transitioning to a digital status system that may be accessible abroad, including by airlines. It is crucial that this system does not disclose the nature of same-sex relationships.
How secure is the UK Visa Process?
We presented these concerns over visas for Same sex relationships to UK Visas and Immigration, and they provided some reassurances:
- Once applicants self-upload their supporting documents, local staff cannot access the content.
- While taking document checklists to appointments is preferred, it is not mandatory. Local staff can process applications without it. We recommend that applicants bring their visa application form’s front page and appointment confirmation letter to avoid delays.
- Airlines will not receive information about the names of partners or dependents when checking immigration status.
While these reassurances are positive, caution is still necessary.
Case history
Unfortunately, a recent applicant faced challenges upon arriving at a visa application center. He was denied the ability to enroll his biometrics without presenting the complete document checklist. This happened despite previous communication from senior entry clearance managers regarding the sensitivity of his application.
After advocating for him again, the entry clearance managers contacted the visa application center, allowing him to complete his application. This experience underscores the need for vigilance and attention to detail, which the immigration specialists at Taylor Hampton have mastered.
Taylor Hampton’s immigration department understands how to proceed carefully with these applications. Before attending a visa application center, it is wise to communicate with the entry clearance team to establish necessary safeguards. Providing the applicant with a letter explaining the situation may also help, even though some staff may not respond positively.
Leena Chouhan, Head of Immigration with the firm says “We are committed to working with UK Visas and Immigration to ensure that visa applicants based on same-sex relationships can navigate the application process safely and confidentially.”
For more information:
For more information contact Leena Chouhan at leena.chouhan@taylorhampton.co.uk
For more information about Australian Migration, see our sister site: Emigrate to Australia
