LGBTQ+ & UK Immigration Law

Home Services Immigration LGBTQ+ & UK Immigration Law

Over the years, the LGBTQ+ community has faced numerous challenges when it comes to applying for UK visas, seeking asylum and becoming British. Thankfully, the UK immigration system and rules have slowly evolved and there are less obvious areas where problems persist. But people often find themselves encountering hurdles and need specialist advice.

Our immigration team, working within our firm’s LGBTQ+ & allies network, is entirely inclusive and can assist with advising clients on their own particular unique circumstances. Some of the immigration law areas in which we advise the LGBTQ+ community include for example:

Partner visas

For partners in a same sex relationship, issues are often encountered in relation to being able to sufficiently evidence the relationship. For example, if in the couple’s country of residence they are unable to freely live together, they may not have documents addressed to each of them at the same address. Equally, in some instances there are issues with the UK accepting civil partnerships which are not recognised in the overseas country.

International surrogacy

We often advise on complex UK immigration issues encountered by same sex couples where a surrogate mother is used. Depending on the jurisdiction and the legal parents, there may well be questions around whether the baby requires a visa to travel to the UK and whether there is a claim to British citizenship.

International adoption

We have lots of experience of advising on immigration and nationality options where a child is adopted outside the UK or is travelling to the UK for the purpose of adoption. Many of our clients are same sex couples going through a second parent adoption procedure.

Asylum

Our asylum and human rights law specialists are often instructed by LGBTQ+ asylum seekers who fear persecution in their home country due to their sexuality. The way the Home Office treats such applications can often be highly sensitive and unfair. We have experience in making successful claims in these circumstances, including in relation to the latest developments contained in the Nationality and Borders Act 2022.

Changes in gender

We can assist with immigration and nationality issues around changes in gender. For example, where someone changes their gender we can assist with updating the acquired gender personal details on their British passport. The process often involves applying for a Gender Recognition Certificate and a new birth or adoption certificate.

For more information on Kingsley Napley’s diversity initiatives and work, please see our other related pages:

Contact our experienced LGBTQ+ lawyers

We frequently advise alongside our specialist Family law colleagues in order to provide comprehensive advice. Our immigration team would be pleased to assist with any UK immigration, asylum and nationality law issues. Please get in touch with a member of the immigration team.