UK Unmarried Partner Visa

UK Unmarried Partner Visa

Long-term partners of British or Irish citizens, people who have settled in the country, people with pre-settled status, people with a Turkish businessperson or worker visa, people with refugee status or humanitarian protection, and people who want to travel to or remain in the country with their unmarried partner can all apply for the Unmarried Partner Visa. If your unmarried partner is not in the UK but plans to visit you there, you can also apply for a UK Unmarried Partner Visa.
After five years, the UK Unmarried Partner Visa may lead to permanent residency or permanent leave to enter the country.

UK Unmarried Partner Visa Requirements

To be eligible for an Unmarried Partner Visa to the United Kingdom, you must prove to UK Visas and Immigration that you fulfil the following requirements:
Your partner is British or Irish, has made their home in the UK, is eligible for pre-settled status, is in possession of a Turkish Worker or Businessperson visa, or is protected by humanitarian status or refugee status;

Both you and your companion are older than eighteen;

You have personally met your partner;

You and your spouse have spent at least two years in a relationship that resembles a marriage or civil partnership;

You two have a sincere and ongoing relationship;

You plan to move in together permanently with your lover in the UK;

Any past partnership has irreversibly failed;

You meet a prerequisite for money;

You and any dependents have sufficient lodging; your proficiency in English is necessary in both speaking and understanding the language.

Depending on your situation, the precise requirements you must meet to be eligible for an Unmarried Partner Visa may change. For professional guidance, you might want to consult an immigration lawyer.

Status of Sponsoring Partner

To be eligible for a UK Unmarried Partner Visa, your partner needs to be one of the following:
be a citizen of the United Kingdom or Ireland; have settled status, indefinite leave to remain, or permanent residence in the UK; have pre-settled status under Appendix EU; have limited leave to remain as a Turkish worker or businessperson under Appendix ECAA; or have humanitarian protection status or refugee leave in the United Kingdom;

A British citizen who is travelling to the UK as your partner is also considered a British citizen in the UK. A person who is being admitted for settlement on the same day as you is one of the people with indefinite leave to reside in the UK.

Minimum Age for a UK Unmarried Partner Visa

You and your partner must both be over the age of 18 on the date when you submit your Unmarried Partner Visa application.

UK Unmarried Partner Visa Relationship Requirement

There are several components to the relationship criterion for the UK Unmarried Partner Visa:
You and your partner must have been together for at least two years in a relationship that is comparable to marriage or a civil partnership; You and your partner must have met in person.

Your bond needs to be sincere and long-lasting;

You must plan to live together permanently in the UK with your partner;

Any prior partnerships must have ended amicably.

Requirement to Have Met in Person

Your partner who is single and you had to have met in person. In order to meet the condition of having “met,” you must be able to provide evidence of a face-to-face meeting that led to the development of a mutual acquaintanceship.
Meeting in person and then communicating by phone or letter would not be sufficient to meet the requirements for a UK Unmarried Partner Visa.

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

You and your unmarried partner must have been in a relationship akin to marriage or a civil partnership for at least two years prior to the date of your visa application in order to be eligible for an unmarried partner visa.

The Immigration Rules no longer stipulate that two years of physical cohabitation in a relationship similar to marriage or a civil partnership was necessary.

The Home Office will require you to present documentation attesting to the fact that you and your spouse have been in a relationship for at least two years that is comparable to marriage or a civil partnership—though you do not have to live together for this to happen.

In the event of extraordinary circumstances, you may still be eligible to join or accompany your partner even if you haven’t been dating for more than two years. Our immigration solicitors can offer guidance on the likelihood of a successful application.

Genuine and Subsisting Relationship Requirement

Home Office proof that your relationship with your partner is real and ongoing in order to be eligible for a UK Unmarried Partner Visa.
A relationship’s genuineness and continuation are determined case-by-case, accounting for all relevant information and unique circumstances.

Factors the Home Office Takes Into Account When Determining Whether a Relationship Is Sincere and Lasting

The Home Office may take into account the following factors when evaluating whether your connection is real and ongoing:

Whether you are currently in a committed, long-term relationship with your spouse who is single;

Whether you have lived together in the past or currently do with your spouse who is single;

Whether you and your single partner share parental responsibilities for any biological, adoptive, or stepchildren you may have together;

Whether you and your partner who is single have joint financial obligations;

Whether you and your single partner have travelled to each other’s nation of origin and seen their families;

Whether you and your single companion have established concrete arrangements on the logistics of cohabiting in the United Kingdom;

If the Home Office has doubts as to the genuine and subsisting nature of your relationship then it may undertake further checks, interview you and your unmarried partner or arrange a home visit.

Documents Needed to Establish a Sincere and Continued Partnership

Significant evidence of consistent communication, affectionate and companionable displays, emotional support, and a sincere concern for each other’s well-being will be expected by the Home Office.

Evidence of cohabitation may more easily satisfy the real and subsisting relationship requirement, even though the two-year requirement is no longer necessary.

Ideally, joint names with your unmarried partner should appear on documents.

As an alternative, you can depend on documents that are sent to the same address but are addressed to you separately.

Documents should come from a variety of sources and be dated within the last few years. Although official documents are desired, other evidence demonstrating cohabitation may be used if official documents cannot be provided.

It is also feasible to present informal proof of a connection if you and your partner who is not married have not lived together for a long time.

The Home Office will be looking for substantial proof of a real and ongoing relationship, as was previously stated.

The house Office may conduct additional investigations, speak with you and your unmarried partner, or schedule a house visit if it has concerns about the sincere and ongoing nature of your connection.

If there are good reasons to suspect that your relationship is not real or ongoing, your application for an Unmarried Partner Visa will be turned down.

Our immigration lawyers frequently counsel applicants for unmarried partner visas on the documentation the Home Office will require to be convinced that their relationship is real, founded in sincere love and common values, and that it is still going strong at the time of application.

We never use lists of pre-made templates for documentation; instead, we always counsel our customers on the specific documents required to demonstrate a sincere and ongoing relationship based on their unique set of circumstances.

Goal to Reside Together in the UK Permanently

UK Visas & Immigration must be satisfied that you and your unmarried partner plan to live together permanently in the UK for you to be eligible for an Unmarried Partner Visa.

In order to proceed with your Unmarried Partner Visa application, you must both clearly commit to living together permanently in the UK as soon as possible after the application is approved, or as soon as your circumstances allow.

The Home Office will expect any time spent outside the UK to be restricted, justified, and consistent with an intention to live together permanently in the UK when you apply for additional leave to remain or indefinite permission to remain as an unmarried partner.

Reasons that are valid include vacation time, work-related time spent abroad, training, or education.

The Home Office may question your intention to live together permanently in the UK if you or your unmarried partner spend most of your time abroad.

The Home Office will take into account the purpose of your trip, the duration of your absence, and whether you travelled and resided outside of the UK with your unmarried partner.

Previous Relationship Broken Down Permanently

The Home Office will require proof that any past relationships you or your partner may have had have ended amicably.

In general, you will need to present specific proof that your prior marriage or civil partnership has terminated if you or your unmarried partner had ever been married or in a civil partnership.

You may still be eligible for an Unmarried Partner Visa if you and your unmarried partner were previously married or in a civil partnership and this union or partnership hasn’t been officially dissolved.

Evidence that the former connection has ended permanently and that the current one is sincere and ongoing must be presented.

UK Unmarried Partner Visa Requirements Regarding Finance

To prove that you can support yourself in the UK without using public funds, you must meet the financial requirements for the Unmarried Partner Visa.

Unless you are excluded, you must show that your unmarried partner (or both of you jointly if you are in the UK with lawful permission to remain) has a gross annual income of at least: This is the financial criteria for a UK Unmarried Partner Visa application.

£18,600; plus £3,800 for the first child (non-British, with indefinite leave to remain in the UK, either pre-settled or settled status, or the right of an EEA national to reside in the UK); plus £2,400 for each further non-British child (with indefinite leave to remain in the UK, either pre-settled or settled status, or a right of an EEA national to reside in the UK).

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, then different considerations will apply if your unmarried partner is receiving specific state benefits or entitlements.

When you first apply to enter the UK as an unmarried partner, when you apply to extend your stay as an unmarried partner, and when you apply for indefinite permission to remain an unmarried partner, you will need to meet the financial criterion.

The financial requirements for the Unmarried Partner Visa are governed by complicated immigration rules, which also include requirements for required documentation.

The applicants bear the responsibility of proving they meet the financial criterion.

A frequently cited reason for denial of an application for an Unmarried Partner Visa is the failure to submit required financial documentation.

How to Meet the Financial Requirement for the UK Unmarried Partner Visa

There are several methods to meet the financial requirements for the UK Unmarried Partner Visa, such as depending on: income from your unmarried partner’s paid or non-salaried work (or from you, if you are in the UK and have work authorization);

revenue from sources other than employment, such as dividends from shares or rental income from real estate;
Cash savings over £16,000 that you and/or your partner have controlled for at least six months and that you have personally retained;

state (UK or overseas), your unmarried partner’s or your own occupational or private pension;
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).

It is occasionally feasible to rely on a mix of the aforementioned revenue streams to meet the necessary expenses.

As previously said, if your spouse is not married and receives state benefits or entitlements, then alternative rules will apply.

Additionally, applicants for unmarried partner visas who depend on cash savings to meet the financial requirements for the visa may want to be aware that the amount of cash required in an application for entry clearance and extension differs from the amount required in an application for indefinite leave to remain an unmarried partner.

If there are extraordinary circumstances that would make the denial of the Unmarried Partner Visa application violate ECHR Article 8, consideration may be given to other reputable and trustworthy sources of income, financial support, or available funds for the pair.

Our immigration solicitors frequently help UK applicants for the Unmarried Partner Visa manage the challenging evidentiary requirements since they are knowledgeable about the Unmarried Partner Visa financial requirement regulations.

Accommodation Requirement for Unmarried Partner Visa

Whether you are requesting entry clearance or additional leave to stay with your partner who is not married, you must show that you and your partner will have access to sufficient housing in a property you own or occupy exclusively, free from public assistance.

Evidence of the property’s ownership or occupancy, your legal and exclusive right to occupy the space, and the assurance that it won’t be overcrowded or violate public health laws will all need to be provided.

English Language Requirement for UK Unmarried Partner Visa

Unless you are excluded, you must prove to the Home Office that you can speak English well enough as part of your application for an unmarried partner visa.

The ability to communicate in English at least at CEFR level A1 is a requirement when applying for entry clearance or to change to the Unmarried Partner Visa route.

You will have to provide proof of English language proficiency at least at CEFR level A2 when you seek for additional leave to stay single.

You can fulfil the English language requirement for the Unmarried Partner Visa by: possessing the nationality of a nation whose the majority language is English; completing an authorised English language exam with a recognised provider, as listed on Approved Secure English Language Tests and exam Centres, at or above the necessary CEFR level; or possessing a degree that meets or exceeds the recognised standard of a Bachelor’s, Master’s, or PhD in the UK, as determined by Ecctis (formerly UK NARIC), and Ecctis (formerly UK NARIC) has verified that the degree was taught or researched in English at or above the necessary CEFR level. A degree may be awarded in the UK or abroad.

To be excluded from the English language requirement, you often need to provide documentation demonstrating either:

You have a physical or mental condition that makes it impossible for you to fulfil the English language requirement; You are over 65 at the time of application; There are extraordinary circumstances that make it impossible for you to meet the English language requirement before entering the UK.

Your application for an Unmarried Partner Visa will be denied if you cannot provide proof that you are exempt or that you meet the English language requirement.

Checklists for Supporting Documents for the UK Unmarried Partner Visa

The most frequent cause for an Unmarried Partner Visa application to be denied is when the applicant does not provide enough supporting documentation.
Strict guidelines regarding the documentation needed to support an application for a UK Unmarried Partner Visa are included in the Immigration Rules.

Since each case is unique, there are differences in the supporting documentation needed for each application for an unmarried partner visa. When using pre-made document checklists for applications for the Unmarried Partner Visa, applicants should exercise extreme caution. The specified documents will be suitable for each case if you get advice from an immigration lawyer.

On the other hand, the application for an Unmarried Partner Visa may be denied if a necessary document is not submitted, is submitted in the incorrect format, or is missing any necessary information. The processing of appeals can take several months, and the result is not always clear. A new application will incur more expenses and cause further delays.

In addition to checking supporting documents for conformity with immigration rules, our immigration barristers offer applicants for unmarried partner visas professional advise regarding the documentation needed for a successful application.

Application Fee for UK Unmarried Partner Visa

Currently, £1,523 is the Home Office application fee for a UK Unmarried Partner Visa application filed outside of the UK. Currently, £1,033 is the Home Office application price to change from within the UK into the unmarried partner category or to stay longer as an unmarried partner.

Waiting Times for Decisions and Processing of UK Unmarried Partner Visas

When an application for an unmarried partner visa is filed outside of the United Kingdom, the Home Office’s typical service time is three months, or twelve weeks. The Home Office has announced that regular family visa applications, including Unmarried Partner Visa applications, are now being completed within 60 working days as the backlog of Ukraine Visa Scheme applications decreased.

Decisions on applications from within the UK to become or remain an unmarried partner must be made within eight weeks.

For newly filed Unmarried Partner visa applications submitted outside of the UK, the Super Priority Service is not available. On the other hand, as of January 9, 2023, current applicants who still have an awaiting application for an unmarried partner visa may choose to upgrade to a 15-day or 3-week Priority Service. Early in 2023, the Home Office hopes to relaunch the Priority Visa programme for unmarried partner visa applications filed outside of the United Kingdom.

A UK Unmarried Partner Visa’s duration

The first 33 months of your unmarried partner visa will be valid if your application for a UK unmarried partner visa is approved. You will be granted 30-month leave if you apply for permission to stay in the UK as an unmarried partner.

To extend your stay, you must apply to UK Visas and Immigration before the expiration of your first grant of leave.

You will be granted additional leave to remain as an unmarried partner for a term of 30 months if your application for such leave is approved.

You can apply for indefinite leave to remain in the UK after being an unmarried partner for five years.

Changing From Within the UK to the Unmarried Partner Visa Route

Unless you are in the UK as a guest or, in certain cases, have valid leave granted for a duration of less than six months, you may apply from within the country for leave to remain as an unmarried partner.

Travellers should depart the UK and apply for entry clearance as an unmarried partner from abroad if they intend to settle in the country with their single partner.

Utilising an Unmarried Partner Visa to Work in the UK

Unmarried Partner Visa holders have a full right to work in the UK.

Unrestricted Leave to Stay as a Single Partner

You will initially be allowed access into the UK for a period of two and a half years (plus an extra three months if you request for entry clearance) if your application for an Unmarried Partner Visa is approved. It is necessary that you apply for an extension well in advance of your leave expiring. You will be granted additional leave for a duration of two and a half years if your application for an extension with your unmarried partner is approved.

If you entered the country on an unmarried partner visa and stayed for five years (sixty months), you might be able to apply for an indefinite stay visa.

In addition to the aforementioned conditions, you must also prove the following in order to be eligible for an indefinite leave of absence as an unmarried partner:

You have resided in the UK with your unmarried partner since you fell into the unmarried partner category, or you have a valid reason, compatible with your ongoing intention to live together permanently in the UK, if you haven’t;

You satisfy the higher English language proficiency level of CEFR Level B1 for settlement applications.

Unless you are exempt, you have passed the Life in the UK exam.

UK Visas and Immigration will determine whether you fulfil the requirements for a further extension of stay as an unmarried partner if you apply for indefinite leave to remain as one but do not meet the aforementioned requirements.

Where Can I Apply for A UK Unmarried Partner Visa?

Unless you are a guest, you should apply for an Unmarried Partner Visa in the nation where you now reside if you are applying from outside of the UK.

Being a citizen of the nation is not required.

You can apply for leave to remain in the UK as an unmarried partner from within if you are already here and have been allowed to stay for a longer amount of time than six months.

You will need to leave the UK and apply for entrance clearance as an unmarried partner from abroad if you have been given a leave of absence lasting six months or less, such as a visitor’s permit.

During the Covid-19 epidemic, a concession that permitted applicants to be from within the United Kingdom is no longer in effect.

How Can I Apply for a Visa for an Unmarried Partner in the UK?

Applications for Unmarried Partner Visas are submitted online using an application form. Depending on whether the applicant is applying from within the United Kingdom or abroad, a separate application form is required.

Consult an immigration lawyer to ensure you are using the correct application form for your unique situation before submitting an application for a UK Unmarried Partner Visa.

It is advisable to gather your supporting documentation at the same time as you are completing the online application form for an unmarried partner visa, as there are certain document criteria that call for your paperwork to be dated prior to the date of submission.

Through the existing method, people can upload scans of the supporting documentation for their Unmarried Partner Visa for the Home Office to review.

However, as the Home Office modifies this system periodically, you should confirm the specific application process for the nation in which you want to apply at the time of application.

When I Can File a British Passport Application?

You will be given two and a half years when you first apply for an Unmarried Partner Visa (three further months if you apply for Entry Clearance).

After then, in order to extend your leave for an additional two and a half years, you must apply for it before it expires.

The majority of individuals in the Unmarried Partner Visa category have a five-year timeline for settlement.

This implies that they are qualified for Indefinite Leave to Remain following two grants of thirty months each.

Some individuals will require four leave grants as part of their ten-year settlement process.

You can apply both leave grants towards the time required for the ten-year route if, after entering the UK, you decide to convert from the five-year to the ten-year route.

If you are married to a British native and have been granted Indefinite Leave to Remain in the UK, you can apply right away to become a British citizen.

You will have to wait a full year before applying if you are not married to a British citizen.

What Happens If My Application for a Student Visa Is Turned Down?

Should your UK Unmarried Partner Visa application be denied, you ought to have the option to file an appeal.

This is so because an application involving an unmarried partner is inherently considered a human rights claim. The UK’s First-tier Tribunal (Immigration and Asylum Chamber) will hear the appeal.

You and your partner who is single can appear before the judge in the UK and provide testimony.

Your unmarried partner can attend if you are not in the UK, however you can write a statement and submit supporting documentation for the Tribunal to take into account.

If it makes sense for you to testify remotely, arrangements might be made for you to do so. The determination of the outcome of immigration appeal hearings can be unclear and take several months.

Once more, before appealing a decision to deny an application for an Unmarried Partner Visa, we advise obtaining legal counsel and representation from a knowledgeable immigration attorney.

What Happens If I Can’t Meet the Requirements for a Visa for a UK Unmarried Partner?

On the basis of human rights, you might still be permitted entry or stay in the UK even if you are unable to meet the conditions for a UK Unmarried Partner Visa if, for instance:

You have a British or Irish citizen kid living in the UK;

It would be illogical for your child, who has been in the UK for at least seven years, to leave the country;

If you and your single lover lived together outside of the UK, there would be enormous challenges that you two could not surmount;

It would otherwise breach your human rights to prevent you from coming to the UK or to make you leave the UK.

How Our UK Lawyers for Immigration Can Assist

Our immigration solicitors frequently help single foreign nationals move to and settle in the UK with their significant others.

Hundreds of foreign national partners have received the help of Asher & Tomar in preparing and submitting their applications for a UK Unmarried Partner Visa.

Our immigration lawyers can assist you if you need professional guidance on the requirements of the Immigration Rules for an unmarried partner visa, an unbiased evaluation of your chances of being approved for one, or expert assistance with filing an application.

The laws pertaining to financial criteria are especially intricate and mandate the provision of verifiable proof to UK Visas and Immigration as a means of proving one’s ability to obtain the necessary monies.

Our immigration solicitors specialise in helping candidates seeking an unmarried partner visa who have complicated financial situations to obtain favourable results.

We take great satisfaction in knowing our clients’ needs and acting promptly to address them. Our team of immigration lawyers is extremely motivated and committed to offering dependable and understandable immigration counsel to anyone requesting a UK Unmarried Partner Visa in a courteous and expert manner.