Unmarried Partner Visa UK
If you are planning to bring your unmarried partner back to the UK, but they are already outside the country, you may do so via a UK Unmarried Partner Visa application.
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What is an Unmarried Partner Visa UK
For non-UK nationals who want to live with a UK or Irish citizen partner, the Unmarried Partner Visa (also termed the de facto partner visa) provides an option for entry or stay in the UK. All they need is proof of a serious, committed, and long-term relationship with a British citizen or someone with established status in the UK, such as ILR, for this to be approved.
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 want to stay in the UK with their unmarried partner. British or Irish nationals’ long-term partners are also eligible for this visa.
After five years on an unmarried partner visa, the applicant may be eligible for permanent residency or ILR inthe UK.
The following conditions must be satisfied before you may be approved for an Unmarried Partner Visa to the UK by UK Visas and Immigration:
- Your significant other is an Irish or British national, has made the United Kingdom their permanent home, has been awarded pre-settled status, is a Turkish businessperson or worker, is a refugee, or has humanitarian protection
To be in a civil partnership or legally married, you must meet all of the following requirements:
- Be at least 18 years old
- have met in person; have been in a committed relationship for at least two years
- be in a real and continuing relationship.
- Both of you have decided to make the UK your permanent home
- Your previous relationships have resulted in a permanent separation.
- There is sufficient housing for you and your dependents
- You have the necessary proficiency in speaking and understanding English.
The precise criteria that must be met to be qualified for an Unmarried Partner Visa will be determined by your unique circumstances.
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Your partner has to fulfil one of the requirements listed below in order to be qualified to obtain a UK Unmarried Partner Visa:
- Holding British or Irish citizenship in the United Kingdom
- Possess permanent residence, settled status, or indefinite leave to remain in the United Kingdom
- Have a pre-settled status as outlined in Appendix EU
- Possess restrictive leave to remain in the United Kingdom as a Turkish businessperson or worker under Appendix ECAA - Possess refugee leave or humanitarian protection status in the United Kingdom
Individuals who are British citizens are recognised as those who is accompanying you as your companion. A person who is being accepted for settlement on the same day as you is considered to have indefinite permission to reside in the UK.
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On the date of submission of your Unmarried companion Visa application, both you and your companion must be at least 18 years of age.
The relationship requirement for the UK Unmarried Partner Visa is comprised of several components, which include that you and your partner must have met in person at least once, as virtual communication alone is not sufficient. Your relationship must be akin to a marriage or civil partnership and should have been ongoing for a minimum period of two years. It must be authentic, meaning it is based on genuine emotional commitment rather than for immigration convenience. Additionally, both of you must intend to live together permanently in the United Kingdom and demonstrate a shared life as a couple.
You must have met your unmarried partner in person. The need to have “met” entails being able to provide evidence of an in-person encounter. This in-person meeting must have resulted in the formation of a meaningful and mutual relationship. Simply meeting once and subsequently maintaining contact through phone calls, letters, or online communication is not considered adequate to satisfy the requirement for a UK Unmarried Partner Visa. The Home Office expects evidence of a genuine connection that has developed and been sustained through personal interaction.
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When evaluating whether a relationship qualifies as genuine and ongoing for a UK Unmarried Partner Visa, the Home Office will assess a combination of emotional, practical, and legal factors. This determination is made on a case-by-case basis, considering the individual circumstances of each couple.
Some of the key indicators that may support the authenticity of your relationship include:
- Duration and commitment: Whether you and your partner are currently in a stable, long-standing relationship that reflects emotional commitment and mutual intention to stay together long-term.
- Cohabitation: Evidence that you are living together now, or that you have lived together in the past in a way that reflects a shared domestic life.
- Parental responsibilities: Whether you jointly care for children, including biological, adopted, or stepchildren, may indicate a deeper family unit.
- Financial integration: Documentation that shows shared financial responsibilities, such as joint bank accounts, shared bills, or co-owned property.
- Cultural and family ties: Whether you have each visited the other’s country of origin and met one another’s families, demonstrating integration into each other’s personal lives.
- Future plans and domestic arrangements: Whether you and your partner have made realistic and practical arrangements to live together in the UK, including securing accommodation and planning your life as a couple.
If doubts arise regarding the legitimacy of your relationship, the Home Office may:
- Request additional supporting documents.
- Conduct in-person interviews with either or both partners;
- Schedule an unannounced visit to your shared residence.
These steps are intended to confirm that the relationship is not only real but is intended to continue into the future, and is not entered into for immigration purposes alone.
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You are required to satisfy the financial requirement in the form of a minimum income threshold, unless you are exempt. The rules are dispersed across three sources: the related Home Office policy guidance, Appendix FM, and Appendix FM-SE.
In order to meet the financial criteria for an unmarried partner visa, it is necessary to provide proof that each of you are capable of supporting yourselves without the assistance of public funds.
Nevertheless, the minimum income requirements for partner visas can be difficult to meet, and merely possessing the requisite income is insufficient. The funds must be sourced from an approved source, calculated in accordance with specific guidelines, and accompanied by pertinent evidence to substantiate their legitimacy.
In the majority of circumstances, the minimal income threshold for the UK unmarried partner visa is £29,000 per year for a couple. Dependent children are not subject to any distinct financial obligations.
The regulations regarding minimum income are intricate. For instance, you may be able to satisfy the threshold by utilizing savings rather than income. Applicants should seek professional advice to ensure that they are submitting the necessary evidence to satisfy the pertinent threshold.
The definition of salary can also become complex very rapidly. In general, it would be permissible to depend on:
- Income from employment prior to tax and national insurance
- Income derived from self-employment or as a director of a limited company in the United Kingdom
- Cash savings exceeding £16,000 that have been held for a minimum of six months (unless they are the result of a recent sale of property or investments). Start by calculating the lowest possible income demand, which is £29,000 for applications submitted from 11 April 2024 onward. Multiply this amount by 2.5 to represent the duration of the visa (in years), and then add a minimum of £16,000 to this total. This will determine the required amount of cash savings.
- Money from a retirement plan, investments, equities, shares, bonds or trust accounts
- Income from non-work sources, such as property rentals or insurance payments
Applicants are required to submit evidence of their financial situation, such as payslips, bank statements, tax returns, or employment contracts, to demonstrate that they meet the prescribed income threshold.
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If you are submitting an application for entry clearance or further leave to remain as an unmarried partner, you must demonstrate that both you and your partner will have access to adequate accommodation which you either own or have the sole right to live in, without requiring support from public funds.
You will need to provide proof confirming the ownership or legal occupancy of the property, your exclusive right to reside there, and that the living space complies with overcrowding regulations and public health requirements.
You must either take an authorised English language exam or hold an academic degree that was taught in English and is acknowledged as being equal to a UK bachelor’s, master’s, or doctoral degree to meet the English language criterion for an unmarried partner visa.
If you are 65 years of age or older, have a mental or physical illness that makes it impossible for you to meet the English language requirement, or have extraordinary circumstances that hinder you from meeting the requirement before entering the UK, you will not be required to meet it.
If you are a citizen of a nation with a majority of English speakers, such the USA, Canada, New Zealand, or Australia, you will also be exempt.
The most common reason for the refusal of an Unmarried Partner Visa application is the applicant’s failure to provide sufficient supporting evidence. The Immigration Rules set out precise requirements regarding the documentation that must accompany such applications. As each case is assessed on its individual merits, the specific documents required will vary depending on personal circumstances.
Applicants should be particularly cautious when relying on standardised checklists, as these may not account for the nuances of their particular situation. Seeking guidance from a qualified immigration solicitor can help ensure that the documents submitted are appropriate and fully compliant with Home Office expectations.
Nevertheless, if a key document is missing, incomplete, or incorrectly formatted, the Home Office may refuse the application on that basis alone. The result of an appeal may be unpredictable and might take many months to decide. A new application will cost more money and take longer.
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Application Fee for the UK Unmarried Partner Visa
Applying for a UK Unmarried Partner Visa from outside the UK presently costs £1,846 at the Home Office. The current Home Office application cost is £1,048 for those who want to prolong their stay as unmarried partners or convert into the unmarried partner category from inside the UK. Using the Priority or Super Priority Service will incur additional costs.
Processing and Decision Waiting Times for UK Unmarried Partner Visas
A request for an Unmarried Partner Visa that is submitted outside of the United States now takes 24 weeks to complete, according to the Home Office. A decision will often be made within 30 working days if you apply via the Priority Service. The applications presented to locations outside the country are not eligible for Super Priority Service.
The Home Office presently has eight weeks to deliberate on applications from inside the UK to move into or remain as an unmarried partner. It can take up to a year to get a judgment, however, if you don’t meet the minimum income or English language standards.
For within the nation unmarried partner applications, there is no 5-day Priority Service; however, if you submit an application through the Super Priority Service, you should receive a response by the conclusion of the subsequent business day.
How Can Immigration Solicitors UK Help?
Our immigration lawyers often help unmarried foreign national partners move to the UK and establish themselves there. We have helped hundreds of international partners get ready and submit applications for UK Unmarried Partner Visas.
Our immigration barristers are available to provide expert support, whether you require clear advice on the eligibility requirements under the Immigration Rules for an Unmarried Partner Visa, an impartial assessment of your prospects of success, or assistance with preparing a strong application.
The financial requirements for this visa route are particularly complex, involving strict legal criteria and specific documentation that must be presented to UK Visas and Immigration as proof that the applicant meets the necessary income or financial threshold. Our immigration lawyers are experts at helping people with complicated financial situations have their Unmarried Partner Visa petitions approved.
We take great satisfaction in being personable and proactive in identifying and attending to the requirements of our customers. As part of a professional and amiable service, our team of highly motivated immigration barristers is committed to offering people seeking for a UK Unmarried Partner Visa straightforward and trustworthy immigration advice.
FAQ
Frequently Asked Questions
Who can sponsor an unmarried partner for a UK visa?
A sponsor is the partner residing in the UK who supports the visa application. To be eligible to act as a sponsor under the UK Unmarried Partner Visa route, the individual must either be a British or Irish citizen or someone who is lawfully settled in the UK.
Additionally, individuals with pre-settled status, refugee status, humanitarian protection, or those holding leave under the Turkish Businessperson or Turkish Worker route may also qualify. The sponsor must plan to cohabitate with the applicant and reside within the United Kingdom on a permanent basis.
What qualifies as an authentic and ongoing relationship?
An authentic and ongoing relationship is one that closely resembles a marriage or civil partnership in its seriousness and duration. To qualify under this visa route, you and your partner must have been in a committed relationship for at least two years. The relationship must be ongoing and not merely for immigration purposes. Evidence that demonstrates shared life responsibilities, long-term plans, cohabitation, and emotional commitment is crucial. The Home Office assesses each application individually, looking for signs that the relationship is genuine, lasting, and has evolved naturally over time. Mere claims of love or emotional closeness without tangible, documented evidence are typically not enough to meet this requirement.
Is it necessary to have lived together before applying?
While it is not strictly mandatory to have lived together continuously for two years before applying, doing so significantly strengthens your application. Living together for two years provides clear and practical proof of your relationship’s stability. If you have not lived together but can provide strong evidence of frequent visits, shared financial or parental responsibilities, or long-term plans, your case may still be considered. However, the lack of cohabitation often raises additional scrutiny, and you may be asked to provide more detailed supporting documentation to explain your situation and demonstrate the relationship’s depth.
What financial requirements must be met?
To successfully apply for a UK Unmarried Partner Visa, financial stability must be demonstrated. The sponsor must usually show a minimum gross annual income of £29,000. This requirement helps ensure that the applicant will not become reliant on public funds after entering the UK. In some cases, joint income may be considered if the applicant is already residing in the UK legally. This financial threshold can be met through employment, self-employment, or in certain cases, specified savings. If the sponsor is in receipt of particular benefits, such as Carer’s Allowance or Personal Independence Payment, they may be subject to an “adequate maintenance” test instead of the standard income threshold.
What qualifies as adequate accommodation?
Accommodation in the UK must be adequate for both the sponsor and the applicant. This means the housing must be suitable, legally occupied by the couple, and not overcrowded according to the Housing Act 1985. It should not breach public health regulations and must provide safe, exclusive living space for the applicant. Ownership or rental agreements, letters from landlords, and property inspection reports are common forms of evidence used to demonstrate that accommodation requirements are met. It’s essential to establish that the applicant will not need public housing or support to live in the UK.
What level of English language proficiency is required?
The UK government requires applicants to demonstrate a basic command of the English language to successfully integrate into life in the UK. Applicants must show they meet at least the CEFR Level A1 in speaking and listening. When applying for further leave to remain after the initial visa period, applicants must meet at least CEFR Level A2. Language proficiency can be demonstrated through passing an approved English language test with a recognized provider or holding an English degree. Exemptions may apply to individuals over 65 years old, those with physical or mental disabilities, or people in exceptional circumstances where testing is not practical or possible.
How long is the visa valid, and can it be extended?
UK Unmarried Partner Visa is typically granted for a period of 33 months from outside UK. For those applying from within the UK, the initial grant is usually for 30 months. Before the expiry of this visa, applicants may apply for a further 30-month extension. After completing five years continuously in the UK, they can apply for ILR, provided they continue to meet all the eligibility requirements.
What happens if my application is refused?
If it is denied, you typically have a right of appeal. Since applications of this nature involve human rights considerations, particularly the right to family life, the appeal is usually heard by the First-tier Tribunal. The process involves submitting evidence, written statements, and potentially attending a hearing. If outside the UK, remote testimony may be arranged in certain cases. The appeal process can be lengthy and complex, and many applicants choose to seek legal assistance to improve their chances of a successful outcome.
Can I still apply if I don’t meet all the standard requirements?
Even if you are unable to meet every single requirement, you may still be able to apply based on your human rights. For example, if you have a child who is a British or Irish citizen, or a child who has lived in the UK for at least seven years, your application may be considered under exceptional circumstances. You may also qualify if relocating outside the UK would cause serious hardship for you and your partner, or if refusing the application would result in a violation of your right to a family life. Each of these cases is considered individually, and strong supporting evidence is essential.
How long does it take to process an Unmarried Partner Visa application?
Processing times for Unmarried Partner Visa applications can vary depending on whether the application is made from inside or outside the UK. Applications from outside the UK typically take up to 24 weeks, although Priority services may provide a decision faster, sometimes within 30 working days. Applications made from within the UK usually take around eight weeks under standard processing. If using the Super Priority Service, a decision may be received by the end of the next working day. However, applications involving complex circumstances or missing documentation may take significantly longer.
