Christians Under Attack

Undercover reporters were told by six different firms of solicitors how to exploit a loophole in the civil partnership rules to get passports.

Immigrants face less rigorous tests if they seek to gain British citizenship through a civil partnership than through a heterosexual marriage.

Under laws that took effect last December, gay people have the same immigration rights as married people — and may secure a full passport after two years in the country.

However, while marriages have to be consummated to qualify there is no such requirement on couples in a civil partnership. It is thus not illegal for two heterosexual friends to form a civil partnership and then to “divorce” after two years once the foreigner has gained British citizenship.

Last week register offices in London, Essex and Leeds recorded 27 foreigners out of a total of 217 people who had declared their intention to form a civil partnership. Six out of 14 recorded at Bristol involve a foreigner who could be eligible for British citizenship.

Several firms of immigration lawyers advertise their services in gay publications and some solicitors explain on their websites the immigration benefits of civil partnerships.

A Home Office advisory group will discuss the issue at its next meeting. Mark Rimmer, a member of the group and registrar at Brent council, said: “It is among people with student and work visas who want to settle permanently where we will see the abuse.”

Reporters visited 12 London solicitors’ firms asking for advice on securing a British passport for a foreigner through civil partnership. A male reporter initially claimed to be gay but during five consultations in which solicitors agreed to help made it clear he was heterosexual and wanted a civil partnership to obtain British citizenship for a foreign friend or relative. In the sixth case a “gay” female reporter told the solicitor she had a boyfriend.

One reporter visited Dr Akbar Malik of Malik Law Chambers in Bethnal Green, east London, posing as a gay teacher who wished to bring his male companion from Bangladesh. Minutes into the meeting he said: “I’ll be honest with you, the fact is I’m not actually . . . gay. This is just a way we thought of bringing him over. He’s actually my cousin.”

Malik interrupted, saying, “It doesn’t make any difference,” and then went on to explain how the reporter could gain a passport for his cousin. He said: “It is possible if he comes . . . as a student or in any other capacity. If he comes on another visa he can change his status while he is in the UK . . . on the basis of civil partnership.

“The Home Office will . . . let him stay for two years . . . on the basis of this partnership. In two years’ time . . . he can apply for indefinite leave . . . What the Home Office will ask is that you need to prove that . . . you are living together.”

Asked if this meant the couple had to be in a physical relationship, Malik replied: “No, definitely not.” He also said: “People will use it, you know . . . like marriage of convenience . . . Of course people will use it, no doubt.” Malik refused to comment yesterday.

Another lawyer, Dr Ruby Bhattacharya of ARMB Solicitors in Whitechapel, east London, agreed to help the undercover reporter enter a civil partnership to get his Bangladeshi cousin a passport and also to handle the subsequent divorce so he could marry a woman.

“In future . . . there are ways out as well,” she said. “After two, three years, after he [the cousin] has become permanent, then you can think about other things [marrying a woman], which I’m not supposed to tell you . . . After two years then he will be given indefinite leave.”

POSTED BY Robert Winnett, Ali Hussain and Claire Newell