Can Same-Sex Couples Come to the UK to Get Married?

The Legal Landscape: Marriage (Same Sex Couples) Act 2013

Since the coming into force of the Marriage (Same Sex Couples) Act 2013, same-sex couples in England and Wales have had the right to marry on equal terms with different-sex couples. This landmark legislation was a significant development in UK law, reflecting changing social attitudes and extending the institution of marriage to all couples regardless of gender. The right to marry encompasses both civil ceremonies at a register office and religious ceremonies (for religious organisations that have chosen to opt in to conducting same-sex marriages). Civil partnerships, introduced in 2004, remain available as an alternative for couples who prefer that route. In terms of legal rights and consequences under English law, marriage and civil partnership are substantively equivalent.

Recognition of Overseas Same-Sex Marriages and Civil Partnerships

If a same-sex couple has married abroad — in a jurisdiction where same-sex marriage is lawful, such as Canada, Australia, Spain, the United States, or many other countries — that marriage will generally be recognised as valid in England and Wales without the need to re-marry in the UK. Similarly, civil partnerships validly entered into abroad are generally recognised. This is significant for immigration purposes: a non-UK national who is validly married to a UK citizen or settled person under foreign law may be able to apply for a UK spouse visa on the basis of that overseas marriage, without first needing to re-marry in England.

Visa Options for Same-Sex Partners: Spouse and Civil Partner Visas

For a same-sex couple where one partner is a UK citizen or person with settled status, the non-UK partner can apply for a Spouse Visa or Civil Partner Visa (depending on whether they are married or in a civil partnership). The requirements are the same for same-sex and different-sex couples: the relationship must be genuine and subsisting; the couple must intend to live together; the UK sponsor must meet the financial requirement, currently a minimum gross income of £29,000 per year or a specified level of savings; and the applicant must meet English language and other immigration requirements. The initial visa is granted for two years and nine months, after which an extension can be applied for, and ILR (settlement) can be sought after five years.

The Unmarried Partner Visa

If a same-sex couple is not married and not in a civil partnership, the non-UK partner may still be able to come to the UK on an Unmarried Partner Visa, provided the couple has been in a genuine and subsisting relationship akin to marriage for at least two years, and has cohabited during that period. The requirements are otherwise identical to those for the spouse visa, including the financial requirement. The unmarried partner route is a practical option for couples who are not yet married, though many couples choose to marry in order to benefit from the simpler spouse visa pathway.

The Fiancé(e) Visa — Coming to the UK to Marry

If a same-sex couple wishes to marry in England and Wales, the non-UK partner can apply for a Fiancé(e) Visa. This visa permits entry to the UK for the purpose of marrying their partner, and is valid for six months during which the couple must marry. Once married, the non-UK partner must apply for a spouse visa (rather than remaining on the fiancé(e) visa) in order to remain in the UK long-term. The requirements for a fiancé(e) visa include proof that the couple intends to marry within six months, the financial requirement, and evidence of a genuine relationship. A UK marriage notice must be given at the couple's local register office in England.

Rights and Protections Under English Law Once Married

Once married in England and Wales (or once a valid overseas marriage is recognised), same-sex couples enjoy full legal equality. This includes joint ownership of property, inheritance rights (including rights on intestacy), pension rights, the right to apply for ILR based on the marriage, tax benefits, and the right to jointly adopt children. If the marriage breaks down, the same divorce laws apply equally to same-sex couples, including the Divorce, Dissolution and Separation Act 2020 which introduced no-fault divorce. For international couples, marriage provides legal certainty that is not available through informal cohabitation, and it is the most secure basis for long-term UK immigration status.

⚠ Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration and family law are complex areas, and rules change frequently. The visa financial thresholds referenced reflect the position as at early 2025 and are subject to amendment. Couples should seek specialist legal advice before making visa applications.

Contact Duan & Duan UK LLP — Duan & Duan UK LLP can advise same-sex couples on marriage law, civil partnership, and immigration visa options including spouse visas, civil partner visas, and fiancé(e) visas. Contact us for expert advice tailored to your circumstances.