Unmarried Partner Visa UK

The requirements for this visa state that you and your sponsoring partner must:

• both be over the age of 18
• intend to live together permanently
• have adequate accommodation in place
• have been in a committed relationship for at least two years
• have lived together for a minimum of two years prior to commencing your Unmarried Partner Visa application
• Have ended any previous relationships pertaining to yourself or your UK sponsor
• support yourselves (and any dependants) financially without accessing public funds
• As a couple, you must meet the income threshold of £29,000 per year. This is also the income requirement for the main Spouse Visa category for those sponsoring a non-EU national.

There are a number of different documents that need to be submitted when you apply for an Unmarried Partner Visa. Their purpose is to provide evidence that you meet the requirements for this specific visa type.

The documents that you require are:

• A valid passport and two recent passport-sized photographs
• Evidence to show that your relationship has been genuine and continuous for a minimum of two years
• Evidence to show that any previous relationships you were involved in have come to an end
• Evidence to show that you and your partner live together on a permanent basis
• A certificate that shows you meet the necessary English language requirements for this visa type
• Financial documentation to show that you meet the requirements. This can take the form of documents pertaining to your income and any savings you have.
• Evidence that proves you have adequate accommodation available to both you and your partner

To be eligible for an Unmarried Partner Visa, you and your partner must have been in a genuine relationship for at least two years before the application date. Your relationship must be similar to a marriage or civil partnership. This means you must be able to show that:

• You have a real physical and emotional bond identical to that of married people
• You and your partner have been living together in a relationship similar to a marriage for the past two years and intend to continue living together in the UK. The cohabitation can be in the UK or outside the UK.
• You have been in a genuine and ongoing relationship with your partner for at least two years, but you cannot live together due to work, study, or cultural reasons.

You can prove that your relationship meets the Home Office requirements using both official and unofficial documents that are less than 4 years old. Some documents you can use to prove a genuine and subsisting relationship include:

• Rental agreement, mortgage, or utility bills showing that you live at the same address and pay bills together
• Joint bank account statements
• If you do not live together, proof of correspondence and continuing relationship, such as emails, photographs taken together at events and holidays, and bank statements showing you financially support each other.

You must also provide evidence that any previous relationships (married or unmarried) have completely ended.

Our family visa advisers at London Immigration Lawyers can assess your case and advise on the specific documents you need to provide to prove your eligibility for the Unmarried Partner Visa.

Alongside evidence of a genuine relationship, you must also demonstrate that you and your partner intend to continue living together in the UK when you obtain your Unmarried Partner Visa.

You must provide evidence of plans to relocate to the UK with or to join your partner. Evidence can include a UK rental agreement in both you and your partner’s names.

You must also prove intention to live together in the UK when you apply to extend your Unmarried Partner Visa or for Indefinite Leave to Remain. The Home Office will expect reasonable explanations for long trips abroad. Extended stays outside the UK must be for good reasons, such as work or study, consistent with your intention to live with your partner in the UK.

When applying for an Unmarried Partner Visa, you must show that you have adequate accommodation available to you and your partner in the UK without relying on government benefits. It must be a property you own or have the exclusive right to occupy. The accommodation must not be overcrowded or violate public health regulations.

You can prove the adequate accommodation requirement with:

• A tenancy agreement from a UK landlord showing you and your partner have the right to occupy a property.
• A property purchase receipt or mortgage documents.

You must demonstrate a good grasp of the English language to qualify for an Unmarried Partner Visa.

You must be able to understand, speak, read, and write English to at least the Common European Framework of Reference for Languages (CEFR) level A1. You must demonstrate proficiency in English to CEFR level A2 when you apply to extend your Unmarried Partner Visa and level B1 when you apply for settlement (Indefinite Leave to Remain).

You can meet the English language requirement by:

• Passing an approved English language test
• Having an academic qualification taught in English that is equivalent to a UK bachelor’s or higher. You must pay for the assessment and confirmation of your degree through Ecctis.
• Being a national of an approved English-speaking majority country. This includes Canada, the United States, Australia, New Zealand, Malta, the British Overseas Territories, Antigua and Barbuda, the Bahamas, Jamaica, Belize, Barbados, Dominica, Guyana, Grenada, Saint Kitts and Nevis, Trinidad and Tobago, Saint Lucia, and Saint Vincent and the Grenadines.

You do not have to meet the English language requirement if you are over 65 when you apply or have a mental or physical condition that prevents you from doing so.

The Unmarried Partner Visa application process involves submitting an online application on the Home Office’s website and paying the required application fees. Below is a step-by-step breakdown of the application process for an Unmarried Partner Visa

1. Check the eligibility criteria to ensure you meet all the requirements for the visa. It’s advisable to seek expert assistance from an immigration lawyer to assess your case and determine your eligibility.
2. Gather all the documents you’ll need to prove that you meet the requirements for the Unmarried Partner Visa. Collect statements from your banks/ financial institutions, take an English test, secure a UK accommodation, and have the required evidence ready before you begin the application for the Unmarried Partner Visa.
3. Complete the online Unmarried Partner Visa application form. The form you’ll need to complete differs for those in the UK and those abroad. Ensure you complete the appropriate form, provide all required information in the correct format, and upload all supporting evidence.
4. Pay the Unmarried Partner Visa application fee and the Immigration Health Surcharge.
5. Attend a biometric appointment if you were required to book one while completing the online application. You’ll submit your biometric data (photograph and fingerprints) and supporting documents during this appointment. Your unmarried partner may also have to attend an interview with the Home Office.
6. Wait for a decision from the Home Office. Decision times can vary depending on application volume and if the Home Office needs to verify your documents further. You’ll typically get a decision within 12 weeks if you applied abroad and 8 weeks if you applied in the UK.
7. Receive your visa. If your Unmarried Partner Visa application is approved, you’ll be granted leave to remain in the UK as an unmarried partner for 2 years and 9 months if you applied outside the UK or 2 years and six months if you applied in the UK.

For those applying for an Unmarried Partner Visa from outside of the UK, the Home Office aims to process applications within 12 weeks. For those applying from within the UK, you ought to receive a decision within eight weeks.

If you are applying from outside of the UK and need your application to be processed quickly, most visa application centres offer a Settlement Priority Visa Service. If you opt for this service, you ought to receive a decision in no more than 30 days.

For those applying to extend their Unmarried Partner Visa or switch onto it from a different visa type, you will have two different processing times to choose from. This only pertains to those applying from within the UK. If you opt for the Standard Service, you should receive a verdict on your application within eight weeks of its submission to the Home Office. For those that opt for the Premium Service, you should receive a decision within as little as one working day. This is dependent on having submitted your biometric information.

If your visa application is successful, it will be valid for an initial 33 months. This differs quite substantially from Fiance Visas, as these are valid for six months. Once this period of time, those on a Fiance Visa will then have to extend their stay by switching to a Spouse Visa.

The 33 months afforded to successful Unmarried Partner Visa applicants constitutes a form of time-limited leave.

In order to obtain Indefinite Leave to Remain (ILR), an individual must have been lawfully and continuously resident in the UK for five years.

When the two and a half years comes to an end, it is possible to apply for an Unmarried Partner Visa extension. This constitutes an additional two and a half years.

Once this comes to an end, an individual will be eligible for Indefinite Leave to Remain.

When you are planning to apply for a visa, it is very important to be aware of the fees involved. For Unmarried Partner Visas, the amount of time you are permitted to remain in the UK changes in relation to whether you apply from inside or outside of the country. The fees also change in relation to this.

For applications made outside of the country, it will cost £2,064.

For applications made from within the UK, the submission of your application will cost £1,407.

Each dependent applying, must pay the same application fee.

You will also have to pay the annual Healthcare Surcharge of £1035 for adult applicants and £776 for child applicants. You must pay this fee upfront for every year you will stay in the UK.

As touched upon, meeting the financial requirements is a hugely important part of a successful Unmarried Partner Visa application.

In order for your application to be approved, you must be able to demonstrate that you meet the income threshold of £29,000. Evidence must be provided to the Home Office alongside your application to show that you have these funds available to you.

This evidence can take the form of:

• Wages gained through either employment or self-employment or a combination of both (this is only relevant to those based in the UK).
• A pension held in a UK-based pension scheme
• Personal savings that are equivalent to the annual wage threshold
• Adoption pay, maternity, paternity or sick pay
• Alternative means of income such as rent, investment or shares

You will be able to extend your visa for the same length of time once your initial two and a half years comes to an end. Once your extension period comes to an end, you will be able to apply for Indefinite Leave to Remain.

To apply for an Unmarried Partner Visa extension, or to apply for ILR, you must still be living with your partner (who is also your sponsor). You must also still be living in the UK, and must continue to satisfy the financial requirements for this visa type.

If you wish to continue staying in the UK with your partner after the initial leave to remain, you can apply to extend your Unmarried Partner Visa. You must apply for an extension before your current visa expires. If your extension application is approved, your leave to remain in the UK as an unmarried partner will be extended for an additional 2.5 years.

To qualify for an Unmarried Partner Visa extension, you must meet the same requirements as when you were first issued the visa. You must still:

• be in a genuine and subsisting relationship with your partner
• be living and intend to continue living with your unmarried partner in the UK
• Meet the financial requirement.
• Meet the accommodation requirement.
• Meet the English language requirement. However, this time you must score at least CEFR level A2 instead of A1 as in the initial application.

You must also pay an application fee of £2,064 for applications made outside the UK and £1,407 for applications made from within the UK. You will also be required to pay an Immigration Health Surcharge of £1035 for each year of your stay when you apply to extend your Unmarried Partner Visa.

You can typically switch from a different immigration status to an unmarried partner in the UK, provided you meet the requirements for an Unmarried Partner Visa. However, you cannot switch to an Unmarried Partner Visa if you’re in the UK on:

• A Visitor Visa
• A leave granted for less than 6 months, except that leave was granted as a fiancé or a proposed civil partner, or temporarily pending the outcome of a family court.

If you’re in the UK on a Visitor Visa and wish to settle here with your unmarried partner, you must leave the UK and apply for an Unmarried Partner Visa from your home country.

There are a number of different reasons why an Unmarried Partner Visa application can be refused. These include supplying incorrect documentation, completing the application form to a sub-par standard and failing to inform the Home Office of previous immigration offences.

In situations where your application is met with a refusal, there are a number of options available to you.

It is possible to appeal the decision. However, this is a complex and long-winded process. With this in mind, we would not recommend attempting it alone.

Our London immigration lawyers have a fantastic track record of getting refusals overturned. We’re to help, every step of the way.

If your appeal is unsuccessful, you can then pursue an Administrative Review or a Judicial Review.

You can apply to settle in the UK (Indefinite Leave to Remain) after 60 months (5 years) of continuous residence as an unmarried partner. You cannot count time spent in the UK on a different visa route, as a fiancé/fiancée, or with a different partner, to meet the continuous residence requirement.

To qualify for Indefinite Leave to Remain as an unmarried partner, you must:

• Have continuously lived in the UK for five years with the same partner and intend to continue doing so.
• Meet the same financial requirements as when you first obtained your Unmarried Partner Visa, or the adequate maintenance requirement if your partner receives a disability benefit.
• Have adequate accommodation provision in the UK
• Pass the Life in the UK Test
• Meet the suitability requirement, including having a clean criminal background record.
• Be proficient in English to a B1 CEFR level.

You can apply for Indefinite Leave to Remain as an unmarried partner up to 28 days before you meet the continuous residence requirement. Once you obtain your ILR, you’re now a permanent resident of the UK and can apply for British citizenship after 12 months of obtaining your ILR.

One of the things that sets Unmarried Partner visa applications apart from others is the need to prove the authentic and subsisting nature of your relationship. You will require an amount of evidence in order to do this.

Our highly-experienced team of London immigration lawyers are immensely adept at providing assistance related to this visa type.  We are fully aware of its unique requirements, and are here to guide you through every step of the process, ensuring you achieve your desired outcome.

To do this, we provide the following services:

• A thorough document check to ensure that all necessary paperwork is submitted
• Ensuring robust evidence that your relationship with your partner is genuine
• Ensuring that your partner meets the eligibility requirements necessary for your application to be sponsored
• Maintaining a dialogue with the Home Office throughout the process
• Completing your Unmarried Partner Visa application form to the highest possible standard
• Producing a Letter of Representation that highlights the strengths of your application to the Home Office.

Call us on 020 4502 8582 or contact us online for assistance any time.