Partner Visa (1)(1)

UK Unmarried Partner Visa

If you are in a long-term relationship with an individual who is settled in the UK, our immigration lawyers can assist you in joining your partner in the UK through the Unmarried Partner visa route.

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What is the UK Unmarried Partner Visa?

The Unmarried Partner visa, also known as the UK De Facto visa, is part of the UK Family visa route

The unmarried partner route allows individuals who are the long-term partner of either a British or Irish citizen, someone with Indefinite Leave to Remain in the UK, refugee leave or humanitarian protection or limited leave to remain under Appendix EU, in the UK with permissions as a 'Stateless Person' or Appendix ECAA to join their unmarried partner in the UK.

Under the UK unmarried partner visa route, individuals applying from outside of the United Kingdom are able to live and work in the UK for up to 33 months (2 years and 9 months) initially, if their visa is granted. Following the completion of the initial period of stay within the UK, under the Unmarried Partner route, and if the eligibility requirements are still met then there is the potential to extend the visa by an additional 30 months.

 After spending 5 years in the UK as a partner, you may be eligible to apply for Indefinite Leave to Remain which can then lead to British citizenship.

 

Unmarried Partner Visa Requirements 2024

To be eligible for a Unmarried Partner visa, you will need to meet the following requirements:

  • You and your partner are at least 18 years old.
  • You have been in a relationship similar to a marriage or civil partnership for at least 2 years.
  • Your partner is either a British or Irish citizen, has settled or pre-settled status in the UK, has a Turkish Business Person or Turkish Worker visa, is currently in the UK with permissions as a 'Stateless Person' or has refugee status / humanitarian protection in the UK.
  • You and your partner have physically met each other in person.
  • You and your partner intend to live together permanently in the UK and there is adequate accommodation in place.
  • Your relationship must be genuine and subsisting.
  • Any previous relationships have broken down.
  • You satisfy the English language requirement.
  • You satisfy the financial requirement.

 

The Genuine and Subsisting Relationship Requirement

As part of the UK Unmarried Partner route, you will need to prove to the Home Office that you and your partner are in a genuine and subsisting relationship. The uniqueness of relationships means that decisions on the genuine and subsisting nature of relationships are made on a case-by-case basis using the evidence presented. 

To prove that you and your partner are in a genuine and subsisting relationship, you can provide the following supporting evidence to the UK Home Office:

  • Evidence of time spent together, for example on a holiday or at family events, such as birthdays, weddings, etc…
  • Although it is no longer a mandatory requirement to show that you and your partner have been living together previously, here at Paragon Law we would recommend that you provide the documentary evidence if you have in fact lived together previously.
  • Documents which show that you share financial responsibilities.

Please note that there is a wider range of evidence which can be used to prove that your relationship is genuine and subsisting, so please get in touch with an immigration lawyer if you are unsure as to what evidence to provide. 

 

Unmarried Partner Visa UK Financial Requirement

When applying for a UK Unmarried Partner visa, you will be required to prove that you and your partner will not need to rely on public funds to support your stay.

To satisfy immigration officials that you will not need to rely on public funds, your partner in the UK must have an annual income of at least £29,000

Correct at the time of writing - 16th May 2024.

 

How to Meet the Financial Requirement

A variety of sources of income can be used to satisfy the UK Unmarried Partner visa financial requirement, such as:

  • Income from salaried or non-salaried employment.
  • Income from self-employment, or income as a director or employee of a specified limited company in the UK.
  • Non-employment income, for example, from property rentals, child maintenance, or dividends/income from investments, stocks and shares.
  • Money from a state (UK or foreign), occupational or private pension in your name or that of your partner.
  • Maternity allowances or bereavement benefits received in the UK. Income-related benefits will not be counted towards the financial requirement.

Please note that other income sources can be used to satisfy the financial requirement. Moreover, there are exemptions in relation to the financial requirement, therefore, it is important that you speak to an immigration lawyer for further assistance.

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UK Unmarried Partner Visa - English Language Requirement

Unless exempt, when applying for a UK Unmarried Partner visa you will be required to show that you meet the English language requirement:

  • If you are applying for entry clearance or wishing to switch to the UK Unmarried Partner visa you must be able to show that your English language abilities are at least to level A1 on the Common European Framework of Reference for Languages (CEFR) scale.

  • If you are applying for further leave to remain, you will need to show that your English language abilities are at least to level A2 on the CEFR scale.

There are a variety of ways in which you can meet the UK Unmarried Partner visa English language requirement including:

  • Being a national of a majority English-speaking country;

  • Passing an approved Secure English Language Test (SELT) to the required CEFR level;

  • Having an academic qualification which was taught in English. This academic qualification must be recognised (by Ecctis) as being the equivalent to a UK Bachelor’s degree, a UK Master’s degree, or a PhD if it was awarded outside of the UK.

 

The Unmarried Partner Visa Application Process

 

How to apply for an Unmarried Partner visa

To apply for an Unmarried Partner Visa, you must make an online application. There are two different online applications depending on whether you are making an application from inside or outside the UK.

If you have any questions about your application it is important that you speak to an immigration lawyer as they will be able to clear anything up.

 

How much does the Unmarried Partner visa cost?

The current application fee for entry clearance as an unmarried partner stands at £1846 if the application is being made from outside the UK. The UK Unmarried Partner visa application fee for applications made inside the UK is £1048 currently.

As part of the application process, applicants are required to pay the Immigration Health Surcharge (IHS) which gives them access to UK healthcare. Therefore, applicants for entry clearance as a partner outside of the UK can currently expect to pay £3105 for the immigration health surcharge. Applicants applying for Leave to Remain in the UK can currently expect to pay £2587.50.

Figures correct at the time of writing - 16th May 2024.

 

 

What is the processing time?

At present, the processing time for Unmarried Partner visa applications submitted outside the UK is around 24 weeks. Please be aware that this decision waiting time frequently changes and could be significantly different when you submit your application.

If you apply inside the UK, but you fall short of meeting the income and English language requirements, then it can take considerably longer to get a decision on your application. The current application processing times for those who do not meet the income and the English language requirements is 12 months. However, those that meet all of the visa requirement can expect to receive a decision within 8 weeks from attending initial biometric appointment.

How can Paragon Law help?

Unmarried Partner visa applications are carefully reviewed by the UK Home Office and all details of the application are inspected. The secret of success is in the preparation of the supporting evidence in Unmarried Partner Visa applications. This is where our immigration lawyers can ensure that the strongest possible application is made on your behalf.

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Enquire now about the UK Unmarried Partner Visa

Our immigration lawyers are able to assist you at any stage of your application. To find out more about how we can help you, fill out the form below and one of our immigration advisors will get back to you shortly.

Unmarried Partner Visa: FAQs

How long can I stay in the UK with a Unmarried Partner visa?

If an entry clearance application is successful as an unmarried partner, the visa will be valid for 33 months initially. Before an initial grant of leave expires, an applicant will need to apply to UK Visas and Immigration (UKVI) to extend their stay. If the application for further leave to remain as an unmarried partner is successful, then they will be granted further leave to remain for a period of 30 months. After spending 5 years in the UK as a partner, an applicant will be eligible to apply for Indefinite Leave to Remain.

How long does the Unmarried Partner visa application take to process?

At present, the processing time for Unmarried Partner visa applications submitted outside the UK is around 24 weeks. Please be aware that this decision waiting time frequently changes and could be significantly different when you submit your application.

If you apply inside the UK, but you fall short of meeting the income and English language requirements, then it can take considerably longer to get a decision on your application. The current application processing times for those who do not meet the income and the English language requirements is 12 months. However, those that meet all of the visa requirement can expect to receive a decision within 8 weeks from attending initial biometric appointment.

What happens if the application for entry clearance is rejected?

If an entry clearance application is refused then the Home Office decision letter will explain whether there is a right of appeal against this refusal.

Appeals are typically only available where there are human rights grounds under Article 8 of the European Convention on Human Rights (ECHR). As an application for entry clearance as a partner involves family life this gives it the right to appeal.

The process for appealing is explained in the decision letter received from the Home Office. The first step will be to complete an appeal form and lodge this within 28 days (if applying outside of the UK), or 14 days (if applying inside the UK) of receiving your decision. 

Can I extend my Unmarried Partner visa?

Yes, individuals wishing to extend their stay in the UK may be eligible to do so. After 5 years of living in the UK, individuals may become eligible to apply for Indefinite Leave to Remain which can lead to British citizenship.

How much does entry clearance as an unmarried partner cost?

The cost to apply for entry clearance as an unmarried partner currently stands at £1,846. As part of the application process, applicants are additionally required to pay the immigration health surcharge (IHS) which gives them access to UK healthcare if necessary (£1035 per year).

Applicants applying for entry clearance as a partner outside of the UK can currently expect to pay £3105 for the immigration health surcharge.

- Correct at the time of writing (16th May 2024)

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