If you’re the long-term partner of a British citizen or someone with UK-settled status, you may be eligible to join them in the UK by applying for an unmarried partner visa.
An unmarried partner is open to anyone who has To be eligible, you will need to have been living in a relationship akin to a marriage or civil partnership for at least 2 years prior to the date of the application, and be prepared to meet the high evidentiary requirements to prove the authenticity of your relationship and that you are financially stable.
Unmarried visas are also only granted for two and a half years, meaning visa holders will need to apply to extend their visa before they can become eligible to apply for Indefinite Leave to Remain (ILR).
In this guide, we set out the rules and requirements for the unmarried partner visa, with tips on how to approach your application to give you the best chance of being granted a visa.
Section A: Understanding the Unmarried Partner Visa
There is no official visa called the “unmarried partner visa.” Instead, applicants apply under the UK Family visa, as this category covers various relationship types, including those of unmarried partners.
It is open to unmarried partners, which include same-sex partners, fiancé(e)s or proposed civil partners, to join their partner in the UK, provided they can demonstrate a genuine and subsisting relationship akin to marriage.
To qualify, the applicant must have been living together and in a relationship akin to a marriage or civil partnership for at least two years with either a British or Irish citizen, or someone with UK-settled status.
If the Home Office approves your visa application, it will usually be issued for two and a half years. During this time, you will have the right to work, study and live with your partner in the UK.
As this visa is temporary, you will need to make an application to extend your stay before your current visa expires. If you continue to meet the requirements of the partner visa, you can apply to extend under the same category. If successful, you will be granted leave for a further 30 months.
After five years of residence in the UK, i.e. two periods of leave as an unmarried partner, you become eligible to apply for UK settlement.
Section B: Unmarried Partner Visa Eligibility Requirements
Applying for an unmarried partner visa in the UK requires meeting specific eligibility criteria designed to ensure that applicants are in genuine and committed relationships.
The key criteria are:
a. You and your partner must both be aged 18 or over
b. Your relationship must be genuine and subsisting
c. You must have lived together for at least 2 years in a relationship akin to a marriage or civil partnership
d. You must intend to live together permanently in the UK
e. Any previous relationships have broken down permanently
f. You have the required level of English language ability
g. You have adequate accommodation for you and any dependants
h. You have adequate funds and income and will not need to access public funds while in the UK
Table: Application Process Steps
Step
|
Description
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---|---|
1. Online Application
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Complete the application form on the UK government’s website.
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2. Payment of Fees
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Pay the visa application fee and Immigration Health Surcharge.
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3. Biometrics Appointment
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Schedule and attend an appointment to provide biometric information.
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4. Submit Supporting Documents
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Upload necessary documents to support the application.
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5. Await Decision
|
Wait for the Home Office to process the application and communicate the decision.
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1. Partner Status
You can apply to live in the UK on the basis of family life as the partner of a person who is either:
a. British or Irish citizen; or
b. a person who is present and settled in the UK, with indefinite leave to remain or EU settled status; or
c. a person with a Turkish Businessperson visa or Turkish Worker visa; or
d. a person in the UK with refugee status or humanitarian protection.
2. Relationship Status
The UK Home Office recognises an unmarried partner as someone who is in a long-term, committed relationship with a British citizen or a person with settled status in the UK.
The following conditions must be met:
a. Nature of the Relationship: The couple must be in a relationship that is genuine and subsisting, which means they have a real emotional and practical bond, similar to that of a married couple.
b. Living Together: The couple must have lived together in a relationship akin to marriage for a minimum of two years prior to the application. This cohabitation can take place in the UK or abroad, but it is essential to provide evidence of this arrangement.
c. Intent to Live Together: The couple must intend to continue living together in the UK after the visa is granted, demonstrating their commitment to maintaining their relationship.
Unmarried partners also include fiancé(e)s and proposed civil partners, although here, the applicant must demonstrate that you plan to get married or enter into a civil partnership in the UK within 6 months of arriving.
3. Residency and Relationship Duration Requirements
The unmarried partner visa has specific residency and relationship duration requirements that applicants must fulfil.
Applicants must have lived together in a relationship akin to marriage for at least two years. This requirement emphasises the importance of a stable and established relationship. Evidence may include joint tenancy agreements, utility bills, or other documents demonstrating shared living arrangements.
While the duration of cohabitation can be satisfied outside the UK, the applicant must be in the UK or have plans to relocate to the UK upon approval of the visa. If the partner is currently living outside the UK, they can still apply but must demonstrate their commitment to relocating.
The cohabitation element is mandatory, as is the intention to live together permanently in the UK if the visa is granted. It is not sufficient that you have just been in a relationship with your partner for 2 years. You must have also lived together for 2 years prior to the date of the visa application.
4. Financial Requirements
Unless exempt, you must meet the financial requirement in the form of a minimum income threshold. The rules are found across three sources: Appendix FM, Appendix FM-SE, and the related Home Office policy guidance. To satisfy the financial requirements for an unmarried partner visa, you will need to demonstrate that you and your partner can support yourselves without relying on public funds.
However, the minimum income requirements for partner visas can be challenging, and having the necessary income is not enough – it must come from an approved source, be calculated according to specific guidelines and require the submission of relevant evidence to verify that the income is legitimate.
From 11 April 2024, the financial threshold for the UK unmarried partner visa increased to £29,000 and may rise again in 2025. There is no longer an uplift in the threshold to account for dependent children.
The minimum income rules are complex. For example, you may be able to rely on savings instead of income to meet the threshold. It is recommended applicants take professional advice to ensure you are providing the required evidence to meet the relevant threshold.
What counts as salary can also quickly become complicated. You would generally be allowed to rely on:
a. Income from employment before tax and National Insurance
b. Income you earn from self-employment or as a director of a limited company in the UK
c. Cash savings above £16,000 held for at least 6 months (unless you can show they result from a recent sale of property or investments). To determine the required amount of cash savings, Start with the minimum income requirement, which is £29,000 for applications submitted from 11 April 2024 onwards, multiply this amount by 2.5, representing the duration of the visa (in years) and then add a minimum of £16,000 to this total.
d. Money from a pension, investments, stocks, shares, bonds or trust funds
e. Non-work income, for example, from property rentals or insurance payments
Applicants must provide evidence of their financial situation, which may include payslips, bank statements, tax returns, or employment contracts to prove they meet the required income threshold.
5. English Language Requirement
To satisfy the English language requirement for an unmarried partner visa, you must have an academic qualification that was taught in English and is recognised as being equivalent to a UK bachelor’s degree, master’s degree or PhD or, alternatively, take an approved English language test.
You will be exempt from meeting the English language requirement if you are aged 65 or over, you have a physical or mental condition that prevents you from meeting this requirement, or there are exceptional circumstances that prevent you from being able to meet the requirement prior to entry to the UK.
You will also be exempt if you are a national of a majority English-speaking country, such as Australia, New Zealand, Canada, or the USA.
Section C: Supporting Documents
You will need to submit various documents in support of your application for an unmarried partner visa. A well-prepared application with comprehensive documentation can significantly enhance your chances of approval.
The documents to provide will depend on your specific circumstances, but in general would include:
a. Valid passport or other travel document
b. Proof of your partner’s UK status, eg British passport
c. Recent bank statements
d. Proof the minimum salary threshold is met, e.g. wage slips, your partner’s bank statements
e. Proof of knowledge of English
f. Your National Insurance number (if you have one)
g. Names, ages and nationality of any children coming with you
h. Details of your accommodation in the UK
i. Your parent’s date of birth and nationality
j. Details of any criminal convictions, if applicable
k. Details of the countries outside the UK you’ve lived in and visited
1. Proof of Relationship
Applicants must provide substantial evidence that proves they are in a genuine and subsisting relationship. This means showing you have lived in a relationship akin to a marriage or civil partnership for at least two years prior to the date of the application.
The following documents can be included as proof of the relationship:
a. Photos: A collection of photographs together taken over the course of the relationship, showing shared experiences, family gatherings, vacations, and other significant events. It is advisable to include captions or descriptions to provide context for each photo.
b. Communication Records: Evidence of any contact between you while you have been apart, for example, text and social media messages, telephone bills and emails.
c. Affidavits or Statements: Written declarations from friends and family members affirming the nature of the relationship can also be valuable. These statements should include the writer’s relationship to the couple, their knowledge of the relationship, and their contact information.
d. Covering Letter: Detailing how and when you met, how the relationship has developed, any time spent apart, any milestones in your relationship such as moving in together or going on holidays, as well as any future plans you may have together.
2. Proof of Cohabitation
Evidence of at least two years of cohabitation is also mandatory. Supporting documents should evidence how long you have lived together and could include documents that demonstrate joint financial or living arrangements, such as joint bank account statements, shared utility bills (electricity, water, gas), rental agreements or mortgage documents in both names.
3. Financial Evidence
Financial stability is a key requirement for the unmarried partner visa application. Applicants must provide documentation that demonstrates their ability to support themselves without relying on public funds. The following financial evidence is required:
a. Income Evidence: If the sponsor meets the minimum income threshold, include:
i. Recent payslips (usually the last six months)
ii. Employment contracts or offer letters
iii. P60 forms, which summarise annual income and taxes paid
iv. Tax returns (if self-employed)
b. Bank Statements: Recent bank statements (covering the last six months) from both partners demonstrating regular income deposits or evidence of savings. If using savings to meet financial requirements, ensure the statements reflect the necessary amount.
c. Evidence of Other Income: If applicable, provide documentation related to other sources of income, such as:
i. Pension statements
ii. Investment income statements
iii. Proof of rental income from properties owned
4. Identification Documents
Identification documents are essential for verifying the identities of both partners and ensuring that they meet the necessary criteria for the visa. The following documents should be included in the application:
a. Passports: Valid passports for both the applicant and the sponsor. The passport should be current and must not be expired. Include the biographical page and any pages that show entry stamps to the UK or other countries.
b. Biometric Information: Applicants may be required to provide biometric information (fingerprints and a digital photograph) as part of the application process. This typically occurs at a visa application centre.
c. Birth Certificates: While not always mandatory, including birth certificates can help establish identity and family ties, especially if children are part of the application.
d. Other Identity Documents: Any additional identification documents, such as national ID cards, can be submitted if available and relevant.
Section D: Unmarried Partner Visa Application Process
To apply for a family visa, you have to complete the online application form and submit your supporting documents.
As part of the application process, you will need to attend an appointment to provide your biometric information, i.e., a scan of your fingerprints and a digital photo. You will be told how to make an appointment when you apply.
1. Step-by-Step Guide on How to Apply
Table: Application Process Steps
Step
|
Description
|
---|---|
1. Online Application
|
Complete the application form on the UK government’s website.
|
2. Payment of Fees
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Pay the visa application fee and Immigration Health Surcharge.
|
3. Biometrics Appointment
|
Schedule and attend an appointment to provide biometric information.
|
4. Submit Supporting Documents
|
Upload necessary documents to support the application.
|
5. Await Decision
|
Wait for the Home Office to process the application and communicate the decision.
|
Step 1: Online Application Process
The first step in applying for an unmarried partner visa is to complete the online application form.
Go to the UK government’s official visa and immigration website to access the visa application portal. If you’re a first-time applicant, you will need to create an account. Ensure that you have a valid email address, as this will be used for all communication.
Choose the “Family Visa” option and then select “Unmarried Partner Visa” to ensure you are applying for the correct type.
Fill out the application form with accurate and honest information about your personal details, relationship, financial circumstances, and other relevant information. Double-check your entries for accuracy.
You will be required to upload electronic copies of all necessary documents, including proof of your relationship, financial evidence, and identification documents. Ensure that all files are clear and legible.
Before submitting, review your application thoroughly to ensure everything is correct. It may help to have someone else check it as well.
Step 2. Payment of Fees
After completing the online application, you will need to pay the visa application fee. The cost depends on where you’re applying from and if you use standard or priority processing.
Payment is made online. Ensure you receive a receipt of payment, as this may be required later in the process.
In addition to the visa fee, applicants are required to pay an Immigration Health Surcharge (IHS), which allows access to the National Health Service (NHS) while in the UK.
Step 3: Biometrics Appointment
Once your application has been submitted and payment has been completed, the next step is to provide biometric information. You will need to book an appointment at a local visa application centre. This can often be done online through the same portal where you completed your application.
During the appointment, your fingerprints and a digital photograph will be taken. This information is used to verify your identity and conduct background checks.
Ensure you bring your passport and any appointment confirmation documents to the biometrics appointment.
Step 4: Decision
If your partner is applying from outside the UK, a decision on their visa will usually be made within 12 weeks. This is more likely to be around eight weeks when applying from inside the UK.
If the application for an unmarried partner visa is approved, you will be granted permission to stay in the UK for 2.5 years or for 6 months if you are applying as a fiancé(e) or proposed civil partner. You will then be required to extend your stay as a spouse or civil partner.
All applications will lead to a grant of limited leave whereby you must spend at least 5 years in the UK before being eligible for indefinite leave to remain (ILR). At this stage, you will not only have to satisfy the 5-year continuous residence requirement but, in many cases, the KoLL requirement.
If your application is approved, you will be able to come to the UK to live with your partner. You will also be allowed to undertake paid employment or a course of study. You cannot work or study if you are applying for a visa to get married or enter a civil partnership.
2. Processing Times
Processing times can vary based on several factors, including the quality of the application and the volume of applications being processed.
According to the UK Home Office’s standard processing times for family visa applications, applications made outside the UK should be processed within 12 weeks of the application date. All applications are expected to be decided within 24 weeks.
Applications inside the UK have a standard processing time of up to 8 weeks.
It’s important to note that these are standard processing times, and actual times may vary depending on individual circumstances and the completeness of the application.
Priority processing and Super Priority processing services may be available to speed up the decision-making process for unmarried partner visa applications. Both incur an additional fee.
Priority processing allows applicants to receive a decision on their visa application within five working days for an additional fee of £500 per application. This service can significantly reduce waiting times compared to standard processing, which can take up to 12 weeks for applications outside the UK or up to 8 weeks within the UK. Priority processing can be beneficial for those needing quicker approval to join their partner or start a new life in the UK sooner.
Super priority processing is the fastest option, providing a decision by the end of the next working day for a fee of £1,000. This service is ideal for applicants in urgent situations, as it guarantees the quickest turnaround.
3. Unmarried Visa Application Fee
The application fee for an unmarried partner visa made in the UK is £1,048. Applications made outside the UK cost £1,846.
These fees apply to each adult applicant (18 or older) and must be paid at the time of application.
The Immigration Health Surcharge allows applicants to access the National Health Service (NHS) during their stay in the UK. The surcharge is calculated on a per-year basis, depending on where the applicant is applying from. For applications made from outside the UK, the surcharge for a 5-year visa is £3,105. If the application is made from within the UK, the surcharge is slightly lower, at £2,587.50 for a 5-year visa.
Fees are paid online during the application process using a credit or debit card. It’s advisable to have a valid payment method ready to avoid delays.
Application fees are generally non-refundable, even if the application is refused. However, if the Home Office has not started processing the application, applicants may be eligible for a refund.
For applicants applying from outside the UK, fees are paid in the local currency. The Home Office uses the live OANDA rate plus 4% to convert the money.
4. Application Tips
Begin the application process well in advance of your intended travel date to allow ample time for any potential delays or additional requests for information.
Keep all your supporting documents well-organised and easily accessible. Use checklists to ensure you have everything required before submission.
If you and your partner have spent time apart, make an effort to communicate regularly and maintain records of this communication to help demonstrate the authenticity of your relationship.
Keep updated on any changes to immigration policies or requirements by regularly checking the UK government website. Regulations can change, and being informed will help you stay compliant.
If you’re uncertain about any aspect of the application or your eligibility, take professional advice to avoid the risk of errors, delays or a potential refusal.
Section E: Common Challenges to Overcome
Applying for an unmarried partner visa in the UK can present several challenges that can delay the application process. From proving the legitimacy of the relationship to meeting financial requirements, applicants may encounter obstacles that require careful attention and preparation.
Table: Common Challenges and Solutions
Challenge
|
Description
|
Solution
|
---|---|---|
Proving Relationship
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Difficulty in demonstrating the legitimacy of the relationship.
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Provide a comprehensive portfolio of evidence, including photos and statements.
|
Financial Requirements
|
Meeting the minimum income threshold can be challenging.
|
Consider combining incomes or using substantial savings as evidence.
|
Documentation Issues
|
Incomplete or poorly organized applications can lead to delays.
|
Use a checklist to ensure all required documents are submitted and organized.
|
Processing Delays
|
Uncertainty regarding application decision times.
|
Stay informed about processing times and plan for potential delays.
|
1. Proving the Relationship
One of the most significant challenges in obtaining an unmarried partner visa is demonstrating that the relationship is genuine and subsisting. The Home Office requires substantial evidence to confirm that the couple has been living together in a committed partnership for at least two years.
Applicants can, therefore, often struggle to provide sufficient proof of cohabitation or evidence that reflects the nature of their relationship, especially if they have not lived together continuously or if they have significant gaps in their documentation.
To effectively prove the legitimacy of the relationship, applicants should compile a robust portfolio of evidence, including:
a. Comprehensive Documentation: Provide a variety of evidence that reflects different aspects of the relationship, such as photographs from various events, travel itineraries, and records of shared experiences. Ensure that documents are dated and well-organised.
b. Joint Financial Evidence: Include joint bank account statements, shared lease agreements, and utility bills that demonstrate a commitment to cohabitation.
c. Third-Party Statements: Obtain letters from friends and family affirming the authenticity of the relationship. These statements should include personal anecdotes and the writer’s relationship to the couple.
2. Meeting Financial Requirements
Another common hurdle is fulfilling the financial requirements set forth by the Home Office. Applicants must show that the sponsoring partner meets the minimum income threshold, which can be difficult for those who are self-employed or have variable incomes.
Applicants might face difficulties in demonstrating stable income or accessing the necessary documents to prove financial stability. Additionally, applicants with dependent children face higher income thresholds, which can further complicate their financial situation.
To address financial concerns, applicants should:
a. Review Income Sources: Ensure that the sponsor’s income meets the required threshold and document all sources, including employment, self-employment, and savings. If income is irregular, consider additional evidence, such as contracts or invoices that show expected earnings.
b. Consider Alternatives: If the minimum income requirement is not met, assess whether substantial savings can be utilised. Savings must be held in the account for at least six months prior to application.
c. Seek Professional Help: Consult with a financial adviser or immigration specialist if unsure about meeting financial criteria. They can provide insights into acceptable evidence and help compile documentation.
3. Documentation Issues
Gathering and submitting the correct documentation can be overwhelming, particularly if the requirements are not fully understood. Incomplete or poorly organised applications can lead to delays or refusals.
Applicants may inadvertently omit critical documents or provide insufficient evidence, which could result in the Home Office questioning the validity of the application or rejecting it outright.
To avoid documentation-related issues, applicants should:
a. Create a Checklist: Develop a detailed checklist of all required documents and evidence, ensuring nothing is overlooked. Organising documents in the order specified by the Home Office can streamline the application process.
b. Make Copies: Keep copies of all documents submitted as part of the application for personal records. This will be useful if there are any follow-up questions or if documents are lost during processing.
c. Request Assistance: If feeling overwhelmed, consider enlisting the help of an immigration adviser or solicitor who can guide you through the process and ensure all documentation is in order.
4. Delays in Processing
Visa applications can sometimes experience delays, leading to uncertainty and anxiety for couples who wish to reunite. Applicants may find themselves in limbo while waiting for a decision, especially if the application requires additional scrutiny or if the Home Office is experiencing backlogs.
To manage expectations regarding processing times, applicants can:
a. Stay Informed: Regularly check the UK government’s visa and immigration website for updates on processing times and any potential delays affecting their application.
b. Be Patient: Understand that processing times can vary widely based on the complexity of the application, the volume of applications being processed, and the specific circumstances of the case.
c. Have a Plan B: In the event of a significant delay, consider discussing contingency plans with your partner to address any potential impact on personal circumstances, such as travel plans or employment.
Section F: Rights and Responsibilities of Unmarried Partners
With an unmarried partner visa in the UK, individuals enjoy certain rights and take on certain responsibilities that come with this immigration status.
Table: Rights and Responsibilities of Unmarried Partners
Rights
|
Responsibilities
|
---|---|
Right to Reside in the UK
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Maintain a Genuine Relationship
|
Right to Work Without Restrictions
|
Report Any Changes in Relationship Status
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Access to Public Services (NHS)
|
Comply with Immigration Laws
|
Pathway to Indefinite Leave to Remain (ILR)
|
Avoid Accessing Public Funds
|
1. Rights Once the Visa is Granted
With an unmarried partner visa, individuals have the right to live in the UK with their partner. Unmarried partners are also permitted to work in the UK without any restrictions – they can seek employment, start a business, or engage in self-employment opportunities.
Visa holders can access public services, including healthcare, through the National Health Service (NHS). The Immigration Health Surcharge (IHS) paid during the application process ensures that they receive medical care.
Unmarried partners are also entitled to access education, including higher education institutions, and may qualify for student loans or grants, depending on their residency status.
The unmarried partner visa typically allows individuals to apply for Indefinite Leave to Remain (ILR) after a period of five years, provided they continue to meet the eligibility requirements. This status offers greater security and the potential for permanent residency in the UK.
2. Obligations and Conditions to Maintain Visa Status
Visa holders must continue to maintain a genuine and subsisting relationship with their partner. The Home Office may conduct checks to ensure that the couple is living together and that the relationship remains authentic. Significant changes, such as separation or divorce, must be reported immediately, as they can affect visa status.
Unmarried partners must remain financially stable throughout their stay. If the sponsoring partner’s income drops below the required threshold, it may affect the visa holder’s status. Maintaining proper documentation of financial circumstances is advisable. Unmarried partners on this visa are not entitled to access public funds, such as benefits or housing assistance.
Visa holders must comply with all UK immigration laws and regulations. Any criminal activity, involvement in immigration fraud, or breaching visa conditions can lead to visa revocation and potential deportation.
Before the visa expires, holders will need to apply for an extension or renewal if they do not qualify for ILR to avoid overstaying, which could lead to severe consequences for future immigration applications.
Section G: Long-Term Settlement
If you are granted an Unmarried Partner Visa from outside the UK, you will get permission to stay in the UK for 33 months or 30 months from inside the UK, for example, if you are applying to switch from another visa.
You will only be granted leave for 6 months if you’re applying as a fiancé(e) or proposed civil partner. After this, you will need to apply to extend your stay.
The earliest you can apply to settle in the UK, i.e. for indefinite leave to remain, is after you have lived in the country continuously for 5 years with permission to stay as a partner. However, you cannot count any permission to stay in the UK as a fiancé(e) or proposed civil partner.
If you are applying for indefinite leave to remain, you must also satisfy what’s known as the KoLL requirement: knowledge of the English language and life in the UK.
This means that you must be able to demonstrate a commitment to respect its laws, values and traditions. The ability to communicate in English and have knowledge of life in the UK forms an integral part of this commitment.
Unless you are exempt by reason of age or otherwise, you can satisfy the KoLL requirement by proving your knowledge of English (as above) and passing a ‘Life in the UK’ test at an approved test centre.
Section H: Refused Unmarried Partner Visa
The Home Office can refuse unmarried partner visa applications for many reasons. It may be that you have failed to meet the requirements, such as the salary threshold.
Given the extensive nature of the supporting documentation for an unmarried partner visa, applications are regularly refused on the basis that the documents do not sufficiently prove that the eligibility criteria have been met. This makes it vital to prepare your application well and ensure you are providing sufficient evidence of your eligibility.
If your application has been refused, your options are generally to either make a new application or to bring an appeal to the tribunal.
If making a new application, you should ensure that you address the initial grounds for refusal, for example, by addressing any evidential gaps in your supporting documents.
Appealing can be a drawn-out process with no guarantees. It may be that a different route would be more suitable, such as sponsorship for a skilled worker visa.
Take advice on your circumstances.
Section I: Summary
The unmarried partner visa in the UK is designed for couples who are in a long-term, committed relationship but who are not married. It allows non-British citizens or non-settled individuals to join their partner in the UK. The visa falls under the Family visa category, meaning applicants must meet specific eligibility criteria to qualify.
Couples must demonstrate that they have been living together in a relationship akin to marriage for at least two years and provide evidence of this cohabitation. Applicants must also meet financial requirements and prove that their relationship is genuine and subsisting.
The visa is granted for a temporary period, typically 2.5 years, after which applicants must apply for an extension. Only after completing a period of residence, usually five years, can individuals apply for Indefinite Leave to Remain (ILR) to settle permanently in the UK.
While the process offers couples the opportunity to live together in the UK, it requires thorough documentation and evidence to ensure compliance with the visa conditions.
Section J: Need Assistance?
There are various pitfalls when applying for an Unmarried Partner Visa, not least assessing that you qualify and submitting sufficient documentation to evidence your eligibility.
DavidsonMorris’ team of immigration specialists are on hand to support and guide you through the application process and give you the best chance of successfully securing permission to come to live in the UK with your loved one.
If you are concerned you do not meet the eligibility requirements, take advice on your circumstances. You may be eligible under an alternative route or still be able to apply for a family visa where there are exceptional circumstances.
This could be, for example, where there would be very significant and insurmountable difficulties for you and your partner if you lived together as a couple outside the UK.
You could also be granted a visa in the following circumstances:
a. It would be a breach of your human rights to stop you from coming to the UK or forcing you to leave.
b. You have a child in the UK who is a British citizen or has lived in the UK continuously for 7 years immediately preceding the date of the application, and it would be unreasonable to expect them to leave.
Speak to our specialists for advice.
Section K: FAQs
How do I get a UK unmarried partner visa?
To be eligible, you must be in a relationship akin to marriage or civil partnership for at least 2 years, and have lived together, with someone who is a British citizen or has UK indefinite leave to remain or settled status.
How can I prove my unmarried partner status?
The visa application will need to include evidence of the UK citizen’s or settled person’s status, and proof that the relationship qualifies under the family route.
What is the unmarried partner visa?
The unmarried partner visa allows individuals in a long-term, committed relationship with a British citizen or settled person to live together in the UK. The visa falls under the family visa category, not requiring formal marriage but instead proof of a relationship akin to marriage.
How long do I need to live with my partner before applying?
You must have lived together in a relationship akin to marriage for at least two years prior to applying for the visa. This cohabitation can occur in the UK or abroad, but you will need to provide evidence of it.
What evidence do I need to prove our relationship?
Applicants are required to submit various forms of evidence, such as joint bank statements, shared utility bills, photographs, travel records, and personal communications that demonstrate the relationship is genuine and subsisting.
What are the financial requirements for the visa?
The sponsoring partner must earn a minimum of £29,000 per year or provide proof of substantial savings to meet the financial threshold.
Can I work while on an unmarried partner visa?
Yes, holders of the unmarried partner visa are allowed to work without restrictions in the UK.
What happens after the visa expires?
The unmarried partner visa is initially granted for 2.5 years. You must apply for an extension before it expires. After five years, you may be eligible to apply for Indefinite Leave to Remain (ILR).
Can I bring my children with me on the unmarried partner visa?
Yes, if your children are not British citizens or settled in the UK, you can apply for a family visa for them as dependents, but additional fees and documentation will be required.
What if my relationship changes after applying?
If there are any significant changes, such as separation or divorce, you must inform the Home Office immediately, as it could affect your visa status.
Section L: Glossary
Term
|
Definition
|
---|---|
Unmarried Partner Visa
|
A visa allowing non-British citizens or non-settled individuals in a long-term, committed relationship to join their partner in the UK.
|
Family Visa
|
A category of visas for individuals wishing to live with a family member in the UK, including unmarried partners, spouses, and children.
|
Cohabitation
|
Living together in a relationship akin to marriage. For the unmarried partner visa, this must be for at least two years before applying.
|
Financial Requirement
|
The minimum income threshold the sponsoring partner must meet to support the applicant. This is £18,600 per year, with higher thresholds for dependent children.
|
Indefinite Leave to Remain (ILR)
|
The status that allows an individual to live in the UK permanently, available after a qualifying period of residence, usually five years.
|
Proof of Relationship
|
Documentation required to demonstrate that the relationship is genuine and subsisting, such as joint financial records, photographs, and communication logs.
|
Application Fee
|
The fee required to apply for the unmarried partner visa, which varies depending on the length of stay (e.g., 2.5 years or 5 years).
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Immigration Health Surcharge (IHS)
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A fee paid by visa applicants to access the National Health Service (NHS) in the UK, calculated per year of the visa.
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Dependent
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A family member (such as a child) who relies on the main applicant for support. Dependent children can apply for a family visa as part of the application.
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Visa Extension
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The process of applying to extend a visa before it expires. Unmarried partner visa holders must apply for an extension after 2.5 years.
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Biometric Information
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Personal data, including fingerprints and photographs, collected as part of the visa application process for identity verification.
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Super Priority Service
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An expedited service for visa applicants, offering a decision by the next working day for an additional fee.
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Proof of Income
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Evidence provided by the sponsoring partner to show they meet the financial requirements, such as payslips, bank statements, and tax records.
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Home Office
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The UK government department responsible for immigration, visas, and citizenship.
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Settlement
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The process of living permanently in the UK after a period of qualifying residence, often leading to Indefinite Leave to Remain (ILR).
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Section M: Additional Resources
UK Government’s Official Family Visa Guidance
https://www.gov.uk/uk-family-visa/partner-spouse
This official guidance outlines the application process, eligibility criteria, and required documents for partner and spouse visas in the UK.
UK Immigration Rules – Appendix Relationship with Partner
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-relationship-with-partner
This section of the Immigration Rules provides detailed information on the requirements for partners applying under the family visa category.
Relationship with a Partner: Caseworker Guidance
https://www.gov.uk/government/publications/relationship-with-a-partner-caseworker-guidance
This guidance is for decision-makers assessing a person’s relationship with their partner under Appendix Relationship with Partner, explaining the relationship requirements and how to decide whether an applicant has met them.
Family Visas: Apply, Extend or Switch
https://www.gov.uk/uk-family-visa/partner-spouse
This page provides detailed information on applying for family visas, including partner and spouse visas, with information on eligibility, required documents, and application procedures.
Family visas: apply, extend or switch – GOV.UK
https://www.gov.uk/uk-family-visa/partner-spouse
This page provides guidance on applying for family visas, including partner and spouse visas, with information on eligibility, required documents, and application procedures.
Immigration Rules – Immigration Rules Appendix Relationship with Partner
https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-relationship-with-partner
This section of the Immigration Rules provides detailed information on the requirements for partners applying under the family visa category.
Relationship with a Partner: Caseworker Guidance
https://www.gov.uk/government/publications/relationship-with-a-partner-caseworker-guidance
This guidance is for decision-makers assessing a person’s relationship with their partner under Appendix Relationship with Partner, explaining the relationship requirements and how to decide whether an applicant has met them.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/