Are There Any Restrictions on Civil Partnerships for Foreign Nationals?

Foreign nationals may be able to enter into a civil partnership in countries that recognize them, but certain restrictions and requirements may apply depending on the country's laws, the nationality of the individuals involved, and their immigration status. Each jurisdiction that allows civil partnerships may have specific regulations that govern the eligibility of foreign nationals to form a civil partnership, ranging from residency requirements to the submission of certain documents or even the nationality of the partners.

Key Considerations for Foreign Nationals Entering a Civil Partnership:

Residency or Immigration Status:

Many countries that recognize civil partnerships have certain residency requirements for foreign nationals wishing to register a partnership. This may include:

• Proof of legal residence in the country (e.g., holding a valid visa or permit).
• The requirement to have lived in the country for a certain period (e.g., several months or years).
• In some cases, if one or both partners are foreign nationals, they may need to prove they are legally present in the country to be eligible to form a civil partnership.

Example: In the UK, foreign nationals may need to demonstrate that they have lawful immigration status (e.g., a valid visa) and may have to undergo a residency test if neither partner is a British citizen.

Documentary Requirements:

Foreign nationals typically need to provide specific documentation when registering a civil partnership. Common documents include:

• Valid passports or national identity cards.
• Proof of legal entry or immigration status (e.g., residence permits, visas).
• In some countries, foreign nationals may be required to provide a certificate of no impediment or an affidavit of single status from their home country, stating that they are legally free to enter into a civil partnership.

Example: In countries like Germany, foreign nationals may need to provide official translations of certain documents into the local language, such as birth certificates or proof of dissolution of any previous marriages.

National Law and Recognition:

The recognition of civil partnerships for foreign nationals depends on the laws of the country in which the partnership is registered. In some cases, foreign nationals may be able to enter into a civil partnership in one country, but their partnership may not be automatically recognized in their home country.

For instance, some countries may not recognize civil partnerships for same-sex couples, while others may only recognize domestic partnerships between nationals. In some cases, a bilateral treaty between countries may facilitate the recognition of civil partnerships across borders.

Example: A civil partnership registered in the UK may not be recognized in some non-European countries that do not have similar laws for same-sex partnerships or civil unions.

Immigration and Visa Issues:

In many countries, a civil partnership may affect immigration status and visa eligibility. Foreign nationals in a civil partnership with a citizen or resident of a country may have the right to apply for a partner visa or residency status, allowing them to live and work in the country.

Some countries grant residency or work permits to foreign nationals based on their partnership status, while others may have strict requirements on the duration of the relationship or proof of cohabitation before granting such benefits.

Example: In Australia, a foreign national in a civil partnership may apply for a partner visa based on their relationship with an Australian citizen or permanent resident, but they must prove the authenticity of the relationship.

Age and Legal Capacity:

Foreign nationals must meet the same legal requirements as nationals regarding age, consent, and legal capacity. This typically means that both partners must be over the legal age for entering into a civil partnership (often 18 years old or older), and they must freely consent to the partnership.

Some jurisdictions may also impose additional requirements regarding mental capacity and prohibit people under a certain age or without full mental capacity from entering into a civil partnership.

Formalities and Waiting Period:

Some countries may impose a waiting period or require notification before the civil partnership can be officially registered. This applies to both foreign nationals and local citizens.

Example: In France, foreign nationals may need to reside in the country for a certain time before they can register a civil partnership, and the process may involve a public declaration of intent to form a civil partnership.

Example:

Carlos is a foreign national living in Spain on a work visa. He wants to enter into a civil partnership with his partner Luis, who is a Spanish citizen. Here’s what they would need to do:

• Residency: Carlos must prove that he is a legal resident in Spain for a certain period (often several months). Luis, as a Spanish citizen, does not need to meet this requirement.
• Documentation: They would both need to present valid passports or national identity cards. Carlos may also need to provide proof of his legal status in Spain (e.g., work visa) and may be asked for a certificate of no impediment from his home country.
• Recognition: If Carlos and Luis register their civil partnership in Spain, it is legally recognized within the country. However, if Carlos returns to his home country, the recognition of their partnership will depend on whether the home country recognizes foreign civil partnerships or domestic partnerships between same-sex couples.
• Immigration: Carlos may be eligible to apply for residency or a partner visa based on his partnership with Luis, allowing him to live and work in Spain without restrictions.