Unmarried partners may join their British or settled partner in the UK. If you are not sure whether you are eligible for this type of visa, we can assess your situation.
Unmarried partners are “two persons living together in a relationship akin to marriage or civil partnership“. It also means that they lived under the same roof for two years or more”.
An individual can apply for this type of visa to the British High Commission/Embassy/Consulate in the country of nationality. In the UK an applicant can switch into an unmarried partner visa. Also, it may be possible if his/her visa is issued for longer than six months. The application should be submitted to the Home Office, UKBA.
The Immigration Rules for an application
The Immigration Rules for an application for Indefinite leave to remain (ILR) as an unmarried partner have been changed from 9 July 2012. If you received your visa before 9 July 2012, then you could apply for ILR on the completion of two years. If your initial entry clearance or leave to remain as an unmarried partner were granted on or after 9 July 2012, you would have to complete five years of residence in the UK. Subsequently, you can apply for ILR to the Home Office.
An unmarried partner of a British Citizen or settled person in the UK can make the following immigration applications:
- Entry Clearance as an Unmarried Partner
- Switching into Unmarried Partner Visa
- Extension of Stay as an Unmarried Partner
- ILR as an Unmarried Partner
Basic requirements – the UK unmarried partner visa
- All applicants must be 18 years old or over
- Relationship as an unmarried partner of a person present and settled in the UK must be genuine and subsisting
- An applicant also must meet the financial requirement. The applicant’s partner must be earning at least £18,600 gross per year, for example, or have savings of £62,500.
- Besides, an applicant must meet the English language requirement. He/she has to show knowledge of the English language at CEFR level A1 according to the UK Immigration Rules. The applicant might be a national from a majority English speaking country. Then, he/she may have an exemption from the English Language requirement
- An individual must pay the Immigration Health Surcharge
- Nationals from certain countries are required to pass a Tuberculosis Test
- The applicant must have an adequate place to stay. The UK unmarried partner has to have accommodation in the UK without recourse to public funds
Exemption From Financial Requirement
The applicant will be exempt from meeting the above financial requirement in case if the applicant’s partner is receiving one or more of the following:
- disability living allowance;
- severe disablement allowance;
- industrial injury disablement benefit;
- attendance allowance; or
- carer’s allowance; and
Besides, the applicant may be exempt from meeting the financial requirement. Due to that, he/she must provide detailed evidence that his/her partner can maintain and accommodate himself/herself, the applicant, and any dependants adequately in the UK. Besides, they will not be able to have access to public funds.
Adequate Accommodation Requirement
The proper accommodation will not be regarded as adequate if:
- it is, or will be, overcrowded; or
- it contravenes public health regulations.
If the applicant meets the requirements for entry clearance, he/she will get entry clearance for an initial period not exceeding 33 months. It is subject to a condition of no recourse to public funds.
UK unmarried partner visa extension
An applicant may extend this type of visa for a further term of 30 months. He/she has to show that their relationship with a partner is genuine as well as subsisting and you continue meeting the financial requirement.
The Home Office changed the Immigration Rules whereby those applicants whose leave to remain as a partner is expiring on or after 1 May 2017. They will also have to meet the English language requirement at level A2 of the CEFR at the time of making an application for the renewal of their visa.
UK unmarried partner visa route leads to settlement (ILR).
If our team of professionals works with you and your application, you can expect to enjoy the following services:
- Obtaining detailed instructions in regard to immigration regulations and procedures that are relevant to your case.
- Receiving answers to any questions about your case while identifying its benefits and drawbacks.
- Explaining all documentation that you need to submit alongside your application for a UK unmarried partner visa.
- Examination of the documents and discussing how they are relevant to your case.
- Completion of the application forms and answering any questions that you may have.
- If needed, our immigration lawyers will prepare a sponsorship declaration and explain the process in detail.
- Drafting a cover letter that will support and submit the application for the UK unmarried partner visa.
- We will protect your interests during the entire process. We will keep you informed while the application is pending with the Home Office.
- Our lawyers will communicate with the immigration departments on your behalf.