Unmarried Partner Visa

Unmarried Partner Visa

The Unmarried Partner Visa is available to individuals who are settled in the UK, have pre-settled status, have a Turkish Businessperson or Turkish Worker visa, or have refugee status or humanitarian protection and wish to join or remain with their unmarried partner in the UK. This visa is also available to long-term partners of British or Irish citizens. If your unmarried companion is currently outside the United Kingdom but plans to return with you, you may also apply for a UK Unmarried companion Visa.

Unmarried Partner Visa

The Unmarried Partner Visa is available to individuals who are settled in the UK, have pre-settled status, have a Turkish Businessperson or Turkish Worker visa, or have refugee status or humanitarian protection and wish to join or remain with their unmarried partner in the UK. This visa is also available to long-term partners of British or Irish citizens. If your unmarried companion is currently outside the United Kingdom but plans to return with you, you may also apply for a UK Unmarried companion Visa.

the UK Unmarried Partner Visa may result in indefinite leave to remain or settlement in the UK after a five-year period.

Unmarried Partner Visa Requirements

To be eligible for a UK Unmarried Partner Visa, you must demonstrate that you meet the following criteria, as outlined by UK Visas and Immigration:

Your partner has been granted pre-settled status, is British or Irish, is settled in the UK, possesses a Turkish Businessperson or Turkish Worker visa, or has refugee status or humanitarian protection.

You and your companion are both over the age of 18.

You and your companion have had the opportunity to meet in person.

For a minimum of two years, you and your companion have been in a relationship that is comparable to marriage or civil partnership.

Your relationship is authentic and ongoing; You and your partner intend to reside permanently in the United Kingdom; Any prior relationship has ended permanently; You meet a financial obligation; There is sufficient housing for you and any dependents; You possess the necessary level of English proficiency.

The specific requirements that must be met in order to qualify for an Unmarried Partner Visa may differ based on your circumstances. For expert guidance, it may be beneficial to consult with an immigration solicitor.

To discuss your Unmarried Partner Visa application with one of our immigration solicitors, contact our UK Unmarried Partner Visa lawyers on 01206500181or complete our enquiry form below.

 

Status of Sponsoring Partner

To be eligible for a UK Unmarried Partner Visa, your partner must meet one of the following criteria:

  • Be a British or Irish citizen in the UK
  • Have indefinite leave to remain, settled status, or permanent residence in the UK
  • Have pre-settled status under Appendix EU
  • Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA
  • Have refugee leave or humanitarian protection status in the UK

A British Citizen in the United Kingdom is defined as a British citizen who is accompanying you as your companion. A person who is being admitted for settlement on the same occasion as you are considered to have indefinite leave to remain in the UK.

Minimum Age for an Unmarried Partner Visa

On the date of submission of your Unmarried companion Visa application, both you and your companion must be at least 18 years of age.

UK Unmarried Partner Visa Relationship Requirement 

  • The relationship requirement for the UK Unmarried Partner Visa is comprised of several components:
  • Both you and your companion must have encountered each other in person. Additionally, you must have been in a relationship that is comparable to marriage or civil partnership for a minimum of two years.
  • Your relationship must be authentic and ongoing.
  • You and your companion must have the intention of residing in the United Kingdom permanently. Additionally, any previous relationships must have ended permanently.

Requirement to Have Met in Person

You and your unmarried companion must have encountered each other in person. The requirement to have "met" entails the ability to show that a mutual acquaintance was formed as a result of a face-to-face meeting. The requirements for a UK Unmarried Partner Visa cannot be met by merely engaging in face-to-face communication, followed by telephone or written correspondence.

Requirement to Have Been in a Relationship for at Least 2 Years

To be eligible for an Unmarried companion Visa, you and your unmarried companion must have been in a relationship that is comparable to marriage or civil partnership for a minimum of two years prior to the date of your visa application.

The Immigration Rules have eliminated the previous requirement that the parties have physically resided together in a relationship that is comparable to marriage or civil partnership for a minimum of two years.

The Home Office will anticipate that you will be able to submit documentation that verifies that you and your companion have been in a relationship that is comparable to marriage or civil partnership for a minimum of two years, despite not necessarily living together.

However, you may still be eligible to join or accompany your companion on the basis of exceptional circumstances if you have been in a relationship with them for less than two years. Our immigration attorneys in London can provide guidance on the likelihood of a successful application.

Genuine and Subsisting Relationship Requirement

The Home Office will require evidence that the relationship between you and your companion is a genuine and subsisting relationship in order to qualify for a UK Unmarried companion Visa.

On a case-by-case basis, decisions regarding the authenticity and ongoingThe Home Office will require evidence that the relationship between you and your companion is a genuine and subsisting relationship in order to qualify for a UK Unmarried companion Visa.

On a case-by-case basis, decisions regarding the authenticity and ongoingness of a relationship are made, taking into consideration all available evidence and individual circumstances.ness of a relationship are made, taking into consideration all available evidence and individual circumstances. The Home Office will require evidence that the relationship between you and your companion is a genuine and subsisting relationship in order to qualify for a UK Unmarried companion Visa.

On a case-by-case basis, decisions regarding the authenticity and ongoingness of a relationship are made, taking into consideration all available evidence and individual circumstances.

Factors Considered by the Home Office When Deciding Whether a Relationship Is Genuine and Subsisting

The Home Office may evaluate the authenticity and sustainability of your relationship by considering the following factors:

  • Whether you and your unmarried companion are currently in a long-term, committed relationship;
  • To determine whether you and your unmarried companion have lived together or are currently living together;
  • Whether you and your unmarried partner have children together (biological, adopted, or step-children) and share responsibility for them;
  • Whether you and your unmarried partner share financial responsibilities;
  • Whether you and your unmarried companion have visited the home country and family of the other person.
  • Whether you and your unmarried partner have established specific arrangements for the practicalities of cohabitation in the United Kingdom.

In the event that the Home Office has reservations regarding the authenticity and permanence of your relationship, it may conduct additional investigations, interview you and your unmarried companion, or schedule a home visit.

Documents Required to Prove a Genuine and Subsisting Relationship

Significant evidence of regular contact, indications of affection and companionship, emotional support, and an abiding interest in each other's welfare and wellbeing will be anticipated by the Home Office.

While it is no longer necessary to have lived together for two years, evidence of cohabitation may be more readily accepted as evidence of a genuine and subsisting relationship. Ideally, documents should be jointly owned by you and your unmarried companion. Alternatively, it is feasible to depend on documents that are addressed to you both individually at the same address. Documents should be sourced from a variety of sources and be dated within the past few years. The submission of official documents is preferable; however, if it is not feasible to submit exclusively official documents, other documents that demonstrate cohabitation may also be submitted.

It is also feasible to furnish informal evidence of a relationship if you and your unmarried companion have not resided together for an extended period.

As previously stated, the Home Office anticipates the presence of substantial evidence of a genuine and ongoing relationship. In the event that the Home Office has reservations regarding the authenticity and permanence of your relationship, it may conduct additional investigations, interview you and your unmarried companion, or schedule a home visit. Your Unmarried Partner Visa application will be denied if there are reasonable grounds to doubt the authenticity or continuation of your relationship.

Our immigration solicitors frequently provide guidance to Unmarried Partner Visa applicants regarding the documentary evidence that the Home Office will require to verify that their relationship is genuine, rooted in shared values and genuine affection, and that it is currently ongoing at the time of the application. We do not rely on templated lists of documents and exclusively provide our clients with the necessary documents to establish a genuine and ongoing relationship based on their unique personal circumstances. 

Intention to Live Together Permanently in the UK

UK Visas & Immigration will ensure that you and your unmarried companion intend to reside permanently in the UK in order to qualify for an Unmarried companion Visa.

This will necessitate a clear commitment from both of you to reside permanently in the UK immediately following the outcome of your Unmarried Partner Visa application, or as soon as circumstances permit, at the initial Unmarried Partner Visa application stage.

The Home Office will anticipate that any periods of time spent outside the UK will be restricted, provided that they are justified and consistent with the intention to reside permanently in the UK, when you apply for further leave to remain or indefinite leave to remain as an unmarried partner. Time spent abroad for work, vacation, training, or education may serve as valid justifications.

The Home Office may question your commitment to permanently residing in the United Kingdom if you or your unmarried companion spend the majority of your time abroad. The Home Office will evaluate the duration of your absence, the reasons for your travel, and whether you and your unmarried companion resided and travelled together during your time abroad.

Previous Relationship Broken Down Permanently

The Home Office will require evidence that any prior relationship between you or your partner has been irrevocably terminated.

If you or your unmarried companion have been previously married or in a civil partnership, you will typically be required to provide specific evidence that the marriage or civil partnership has come to an end.

If you or your unmarried companion have been married or in a civil partnership in the past and the marriage or civil partnership has not been legally dissolved, you may still be eligible for an Unmarried companion Visa. You will be required to furnish evidence that the new relationship is genuine and ongoing, and that the previous relationship has broken down irreversibly.

UK Unmarried Partner Visa Financial Requirement

To satisfy the financial requirement for the Unmarried Partner Visa, it is necessary to demonstrate that you can be adequately supported in the UK without relying on public funds.

The financial requirements for a UK Unmarried Partner Visa application are as follows: unless exempt, you must demonstrate that your unmarried partner (or both of you jointly if you are in the UK with valid leave to remain) has a cumulative annual income of at least £29,000.

The minimal income requirement no longer includes a distinct child element.

When the financial requirement for a UK Unmarried Partner Visa is that the sponsor can "adequately maintain and accommodate" the family member being sponsored to enter or remain in the UK, different considerations will apply if your unmarried partner is in receipt of certain state benefits or entitlements.

When you initially apply to enter the United Kingdom as an unmarried partner, when you apply to extend your stay as an unmarried partner, and when you apply for indefinite leave to remain as an unmarried partner, you will be required to satisfy the financial requirement.

The financial requirement for the Unmarried Partner Visa is governed by intricate Immigration Rules, which include mandatory documentary evidence requirements. Applicants are responsible for proving that the financial requirement has been satisfied. The absence of mandatory financial evidence is one of the most prevalent causes of rejection for an Unmarried Partner Visa application.

How to Satisfy the UK Unmarried Partner Visa Financial Requirement

The UK Unmarried Partner Visa financial requirement can be satisfied in a variety of different ways, including by relying on:

  • Income from salaried or non-salaried employment of your unmarried partner (and/or you if you are in the UK with permission to work); 
  • Non-employment income, for example, income from property rental or dividends from shares; 
  • Cash savings of your unmarried partner and/or yourself, above £16,000, held by your unmarried partner and/or you for at least 6 months and under their / your control;
  • State (UK or foreign), occupational or private pension of your unmarried partner and/or yourself;
  • Income from self-employment, and income as a director or employee of a specified limited company in the UK, of your unmarried partner (and/or you if you are in the UK with permission to work).

In some circumstances it is possible to rely on a combination of the above sources of income to satisfy the financial requirement.  

As mentioned above, different considerations will apply if your unmarried partner is in receipt of certain state benefits or entitlements. 

Also, Unmarried Partner Visa applicants relying on cash savings to satisfy the Unmarried Partner Visa financial requirement may wish to keep in mind that the level of cash savings required in an entry clearance and extension application is different from the level required when applying for indefinite leave to remain as an unmarried partner. 

In exceptional circumstances in which refusal of the Unmarried Partner Visa application could otherwise breach ECHR Article 8, other credible and reliable sources of income, financial support or funds available to the couple may be taken into account.

Our immigration solicitors are experts in the Unmarried Partner Visa financial requirement rules and regularly assist UK Unmarried Partner Visa applicants to navigate the complex evidential requirements.

Unmarried Partner Visa Accommodation Requirement 

You will be required to submit evidence that there will be sufficient accommodation available for you and your unmarried partner, without the necessity of utilising public funds, in accommodation that you either own or occupy exclusively, regardless of whether you are applying for entry clearance or for additional leave to remain as an unmarried partner.

You will be required to furnish evidence that the property is legally and exclusively owned or occupied, that you are legally and exclusively entitled to occupy the property, and that the property will not be congested or in violation of public health regulations.

Unmarried Partner Visa English Language Requirement 

Unless you are exempt, you will be required to demonstrate to the Home Office that you meet an English language requirement as part of your Unmarried Partner Visa application.

Demonstrating proficiency in the English language to a minimum of CEFR level A1 is required when applying for entry clearance or transitioning to the Unmarried Partner Visa route. In order to petition for additional leave to remain as an unmarried partner, you must demonstrate proficiency in the English language at a minimum of CEFR level A2.

The English language requirement for the Unmarried Partner Visa can be satisfied by:

  • Possessing the nationality of a country with a majority of English speakers;
  • Passing an approved English language test at or above the required CEFR level with an approved provider, as outlined in the Approved Secure English Language Tests and Test Centres; or
  • Ecctis (formerly UK NARIC) has confirmed that the degree was taught or researched in English at or above the required CEFR level, and the academic qualification is either a Bachelor's or Master's degree or PhD if awarded in the UK, or is deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised standard of a Bachelor's or Master's degree or PhD in the UK if awarded outside the UK.

In order to be exempt from the English language requirement, it is typically necessary to demonstrate that either:

  • A physical or mental disability that prevents you from meeting the English language requirement; Exceptional circumstances that prevent you from satisfying the English language requirement before entering the UK; You are over the age of 65 at the time of application.

Your Unmarried Partner Visa application will be rejected if you are unable to prove that you satisfy the English language requirement (or are exempt).

UK Unmarried Partner Visa Supporting Documents Checklists

An applicant's failure to submit adequate documentary evidence in support of their application is the most prevalent reason for the rejection of an Unmarried Partner Visa application.

The Immigration Rules impose stringent requirements for the documents that must be submitted in support of a UK Unmarried Partner Visa application. The necessary supporting documents for an Unmarried Partner Visa application will differ from case to case, as each case is unique.

Applicants should exercise extreme caution when employing pre-prepared document checklists for Unmarried Partner Visa applications. Advice from an immigration attorney will guarantee that the documents specified are suitable for the unique circumstances of each individual.

Concurrently, the application for an Unmarried Partner Visa may be rejected if a necessary document is not submitted, is in the incorrect format, or does not contain all of the required information. The outcome of appeals may be uncertain and the process may take many months to complete. Additional costs and delays will be associated with a new application.

In addition to verifying that supporting documents are in accordance with the Immigration Rules, our immigration solicitors offer expert guidance to Unmarried Partner Visa applicants regarding the necessary documents for a successful application.  

UK Unmarried Partner Visa Application Fee

Currently, the Home Office charges a fee of £1,846 for the submission of a UK Unmarried Partner Visa application from outside the UK. Currently, the Home Office charges a fee of £1,048 for the application to transfer into the unmarried partner category from within the UK or to extend one's stay as an unmarried partner. Using the Priority or Super Priority Service will incur additional surcharges.

UK Unmarried Partner Visa Processing & Decision Waiting Times

The current processing period for an Unmarried Partner Visa application submitted outside the UK by the Home Office is 24 weeks. Typically, a decision will be issued within 30 working days if you submit an application through the Priority Service. Out-of-country applications are not eligible for the Super Priority Service.

The Home Office is presently determining applications to switch into or extend as an unmarried partner that are submitted from within the UK within eight weeks. Nevertheless, it may take approximately 12 months to receive a decision if you do not meet the minimum income or English language requirements.

There is no 5-day Priority Service for in-country unmarried partner applications. However, if you submit through the Super Priority Service, you should receive a decision by the end of the next business day.

Duration of a UK Unmarried Partner Visa

Upon approval of your application for a UK Unmarried Partner Visa, your unmarried partner visa will originally be valid for 33 months. Leave to remain in the United Kingdom as an unmarried partner will be granted for a period of 30 months.

You will be required to submit an application to UK Visas and Immigration to extend your stay prior to the expiration of your initial leave. If your application for additional leave to remain as an unmarried companion is approved, you will be granted an additional 30 months of leave to remain.

You will be eligible to apply for indefinite leave to remain after spending five years in the UK as an unmarried partner.

Switching Into the Unmarried Partner Visa Route From Within the UK

Unless you are in the UK as a visitor or, with few exceptions, have valid leave conferred for a period of 6 months or less, you are able to apply for leave to remain as an unmarried partner from within the UK.

Visitors who intend to establish a residence in the United Kingdom with their unmarried spouse should depart the country and submit an application for entry clearance as an unmarried partner from abroad.

Working in the UK on an Unmarried Partner Visa

Holders of an Unmarried Partner Visa are granted the complete right to work in the United Kingdom.

Indefinite Leave to Remain as an Unmarried Partner

If your Unmarried Partner Visa application is approved, you will be granted permission to enter the United Kingdom for a period of two and a half years (plus an additional three months if you are applying for entry clearance). Before your leave expires, you must submit an extension application. If your application for an extension of leave for an unmarried companion is approved, you will be granted additional leave for a period of two and a half years.

You may be eligible to apply for indefinite leave to remain in the UK after spending five years (60 months) in the UK on the Unmarried Partner Visa route.

To qualify for indefinite leave to remain as an unmarried partner, you must also satisfy the following criteria: - You have lived together with your unmarried partner in the UK since you were in the unmarried partner category, or there is a good reason, consistent with a continuing intention to live together permanently in the UK, for any period during which you have not done so.

You satisfy the CEFR Level B1 English Language requirement for settlement applications.

You have successfully completed the Life in the UK test, unless you are exempt.

UK Visas and Immigration will proceed to determine whether you meet the criteria for a further extension of your stay as an unmarried partner if you submit an application for indefinite leave to remain as an unmarried partner but do not meet the aforementioned requirements.

To discuss your Unmarried Partner Visa application with one of our immigration solicitors, contact our UK Unmarried Partner Visa lawyers on 01206500181or complete our enquiry form below.

 

UK Unmarried Partner Visa Frequently Asked Questions

Where Can I Apply for A UK Unmarried Partner Visa?

When applying for an Unmarried Partner Visa from outside the United Kingdom, it is necessary to submit your application in the country in which you reside, unless you are visiting. It is unnecessary to be a citizen of the nation.

If you are currently in the United Kingdom and have been granted permission to remain for a period exceeding six months, you may petition for leave to remain as an unmarried partner from within the country.

If you have been granted a six-month or shorter leave of absence, such as a visitor, you will be required to depart the United Kingdom and submit an application for entry clearance as an unmarried partner from abroad. The concession that permitted visitors to submit applications from within the United Kingdom during the Covid-19 pandemic is no longer in effect.

How Do I Apply for a UK Unmarried Partner Visa?

An online application form is utilised to submit applications for unmarried partner visas. The application form is distinct based on whether the applicant is submitting the application from within the United Kingdom or from abroad.

Before applying for a UK Unmarried Partner Visa, it is important to consult with an immigration counsel to ensure that the application form is appropriate for your specific circumstances.

While completing the Unmarried Partner Visa application form, it is imperative that you prepare your supporting documents. This is due to the fact that there are specific document requirements that require your documents to be dated prior to the date on which you submit the online application form.

The current system enables individuals to submit scans of the supporting documents for their Unmarried Partner Visa for the Home Office to assess. Nevertheless, it is advisable to verify the specific application process for the country in which you plan to apply at the time of your application, as the Home Office periodically modifies this system.

When Can I Apply for a British Passport?

The Unmarried Partner Visa category will grant you a two-and-a-half-year period upon initial entry, with an additional three months granted if you submit for Entry Clearance. You will be required to submit an extension application prior to the expiration of this leave in order to receive an additional two and a half years.

The majority of individuals in the Unmarried Partner Visa category are on a five-year path to settlement. This implies that they are eligible for Indefinite Leave to Remain after receiving two 30-month grants.

Four grants of absence will be required for certain individuals who are on a ten-year journey to settlement. If you transition from the five-year route to the ten-year route after entering the UK, you may count both leave grants towards the ten-year route requirement.

If you are married to a British national, you may petition to naturalise as a British citizen immediately after obtaining Indefinite Leave to Remain in the UK. You will be required to wait a minimum of 12 months before you can submit an application if you are not married to a British national.

What if My Unmarried Partner Visa Application Is Refused?

If your application for a UK Unmarried Partner Visa is denied, you are entitled to an appeal. This is due to the fact that an application for an unmarried companion is automatically classified as a human rights claim.

The appeal will be considered at the First-tier Tribunal (Immigration and Asylum Chamber) in the United Kingdom.

You and your unmarried companion will be permitted to appear before the Judge if you are located in the United Kingdom.

Your unmarried companion will be permitted to attend if you are located outside of the United Kingdom. However, you may submit a statement and evidence for the Tribunal's consideration. If it is deemed appropriate in your situation, arrangements may be made for you to provide evidence remotely.

The outcome of immigration appeal proceedings may be uncertain and can take many months to be determined. Once more, we suggest that you obtain legal counsel and representation from a specialised immigration attorney prior to appealing a decision to deny an Unmarried Partner Visa application.

What if I Cannot Satisfy the Requirements for an Unmarried Partner Visa?

You may still be able to enter or remain in the UK on human rights grounds if you are unable to meet the requirements for a UK Unmarried Partner Visa. For instance,

  • You have a child who is a British or Irish citizen and resides in the United Kingdom.
  • You have a child in the United Kingdom who has resided there for a minimum of seven years and whose departure from the country would be deemed unreasonable.
  • It would be a violation of your human rights to prevent you from entering the UK or to require you to leave the UK, as there would be substantial challenges for you and your unmarried companion that could not be surmounted if you lived together as a couple outside of the UK.