Unmarried Partner Visa Requirements
In order to qualify for a UK Unmarried Partner Visa you will need to satisfy UK Visas and Immigration that you meet the following requirements:
- Your partner is British or Irish, is settled in the UK, has been granted pre-settled status, holds a Turkish Businessperson or Turkish Worker visa or has refugee status or humanitarian protection;
- You and your partner are both over the age of 18;
- You and your partner have met in person;
- You and your partner have lived together in a relationship akin to marriage or civil partnership for at least 2 years;
- Your relationship is genuine and subsisting;
- You and your partner intend to live together permanently in the UK;
- Any previous relationship has broken down permanently;
- You satisfy a financial requirement;
- There is adequate accommodation for you and any dependents;
- You speak and understand English to the required level.
The exact requirements you will need to satisfy in order to qualify for an Unmarried Partner Visa may vary depending on your circumstances. You may want to speak to an immigration lawyer for expert advice.
Status of Sponsoring Partner
In order to qualify for a UK Unmarried Partner Visa, your partner must either:
- Be a British or Irish citizen in the UK; or
- Have indefinite leave to remain, settled status or permanent residence in the UK; or
- Have pre-settled status under Appendix EU; or
- Have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA; or
- Have refugee leave or humanitarian protection status in the UK;
A British Citizen in the UK includes a British Citizen who is coming to the UK with you as your partner. A person with indefinite leave to remain in the UK includes a person who is being admitted for settlement on the same occasion as you.
Minimum Age for an 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
The UK Unmarried Partner Visa relationship requirement has various elements to it:
- You and your partner must have met in person;
- You and your partner must have lived together in a relationship akin to marriage or civil partnership for at least 2 years;
- Your relationship must be genuine and subsisting;
- You and your partner must intend to live together permanently in the UK;
- Any previous relationship must have broken down permanently.
Requirement to Have Met in Person
You and your unmarried partner must have met in person. The requirement to have ‘met’ means that you must be able to demonstrate a face-to-face meeting which resulted in the making of a mutual acquaintance. Simply coming face-to-face followed by telephone or written contact would not satisfy the requirements for a UK Unmarried Partner Visa.
Requirement to Have Lived Together in a Relationship for at Least 2 Years
In order to qualify for an Unmarried Partner Visa, you and your unmarried partner must have lived together in a relationship that is akin to a marriage or civil partnership for at least two years prior to the date of your visa application.
The Home Office will expect you to be able to provide documents which confirm that you and your partner have been living together at the same address for at least 2 years.
The 2-year period does not have to have been completed immediately before the date of your application for an Unmarried Partner Visa. Therefore, if you are not cohabiting with your partner now, you may still qualify for an Unmarried Partner Visa if you have lived together with your unmarried partner for at least 2 years at some point in the past. You will need to satisfy the Home Office that your relationship is a genuine and subsisting relationship at the date of your Unmarried Partner Visa application.
If you have lived together with your partner for less than 2 years then you may still qualify to join or accompany your partner on the basis of exceptional circumstances. Our immigration lawyers in London can advise on the prospects of a successful application.
Genuine and Subsisting Relationship Requirement
In order to qualify for a UK Unmarried Partner Visa you will need to provide the Home Office with evidence that your relationship with your partner is a genuine and subsisting relationship.
Decisions on whether a relationship is genuine and subsisting are made on a case-by-case basis, taking into account all available evidence and individual circumstances.
Previous Relationship Broken Down Permanently
The Home Office will want to be satisfied that any previous relationship of yourself or your partner has broken down permanently.
If you or your unmarried partner have been previously married or in a civil partnership then you will generally need to provide specified evidence that this marriage or civil partnership has ended.
If you or your unmarried partner have previously been married or in a civil partnership and this marriage or civil partnership has not been legally dissolved then you may still qualify for an Unmarried Partner Visa. You will need to provide evidence that the new relationship is genuine and subsisting and that the previous relationship has broken down permanently.
Intention to Live Together Permanently in the UK
In order to qualify for an Unmarried Partner Visa, UK Visas & Immigration will want to be satisfied that you and your unmarried partner intend to live together permanently in the UK.
At the initial Unmarried Partner Visa application stage this will require a clear commitment from both of you that you will live together permanently in the UK immediately following the outcome of your Unmarried Partner Visa application or as soon as circumstances permit thereafter.
When you apply for further leave to remain or indefinite leave to remain as an unmarried partner, the Home Office will expect any periods of time spent outside the UK to be limited, for good reason and consistent with an intention to live together permanently in the UK. Good reasons could include time spent overseas in connection with work, holidays, training or study.
If you or your unmarried partner spend the majority of your time overseas, this could cause the Home Office to doubt your intention to live together permanently in the UK. The Home Office will consider the reasons for travel, length of absence and whether you and your unmarried partner travelled and lived together during the time spent outside the UK.
UK Unmarried Partner Visa Financial Requirement
In order to demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will need to satisfy the Unmarried Partner Visa financial requirement.
The financial requirement for a UK Unmarried Partner Visa application states that, unless exempt, you will need to demonstrate that your unmarried partner (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least:
- £18,600; plus
- £3,800 for a first child (who is not British, holds indefinite leave to remain in the UK, has pre-settled status or settled status or is an EEA national with a right to reside in the UK); plus
- £2,400 for each additional child (who is not British, holds indefinite leave to remain in the UK, has pre-settled status or settled status or is an EEA national with a right to reside in the UK).
Different considerations will apply if your unmarried partner is in receipt of certain state benefits or entitlements, 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.
You will need to meet the financial requirement 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 leave to remain as an unmarried partner.
The Immigration Rules relating to the Unmarried Partner Visa financial requirement are complex and include mandatory documentary evidence requirements. The onus is on applicants to demonstrate that the financial requirement is met. One of the most common reasons for refusal of an Unmarried Partner Visa application is because mandatory financial evidence is not provided.
Unmarried Partner Visa Accommodation Requirement
Whether you are applying for entry clearance or for further leave to remain as an unmarried partner, you will need to provide evidence that there will be adequate accommodation available to you and your unmarried partner, without the need to rely on public funds, in accommodation which you own or occupy exclusively.
You will need to provide evidence as to the basis on which the property is owned or occupied, that you are legally and exclusively entitled to occupy the property and that the property will not be overcrowded or contravene public health regulations.
Unmarried Partner Visa English Language Requirement
Unless exempt, as part of your Unmarried Partner Visa application you will need to satisfy the Home Office that you satisfy an English language requirement.
When applying for entry clearance or to switch into the Unmarried Partner Visa route you will need to demonstrate competence in the English language to at least CEFR level A1. When you apply for further leave to remain as an unmarried partner you will need to demonstrate competence in the English language to at least CEFR level A2.
You can meet the Unmarried Partner Visa English language requirement by:
- Holding the nationality of a majority English speaking country;
- Passing an approved English language test at or above the required CEFR level, with an approved provider as set out on Approved Secure English Language Tests and Test Centres; or
- Having an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK; or, if awarded outside the UK, is deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis (formerly UK NARIC) has confirmed that the degree was taught or researched in English at or above the required CEFR level.
In order to be exempt from the English language requirement you will normally have to prove that either:
- You are over the age of 65 at the date of application;
- You have a physical or mental disability which prevents you from meeting the English language requirement;
- There are exceptional circumstances which mean that you cannot satisfy the English language requirement before entering the UK.
If you are not able to demonstrate that you meet the English language requirement (or are exempt), then your Unmarried Partner Visa application will be refused.
