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What you need to know
The UK unmarried partner visa allows eligible partners of British or settled persons and certain other qualifying sponsors to live together in the UK.
If your application is successful, you will normally be granted permission to stay in the UK for up to 2 years and 9 months. You can then apply to extend your stay for a further 2 years and 6 months, provided you continue to meet the relevant requirements.
For those who qualify under the five-year route, Indefinite Leave to Remain (ILR) may be available after five continuous years in the UK as a partner, subject to meeting the settlement requirements.
Who can apply as an unmarried partner?
You may be eligible to apply if you and your partner are both aged 18 or over and your relationship is similar to a marriage or civil partnership.
Under the current Immigration Rules, you must generally have been in the relationship for at least two years before the date of your application. Importantly, you do not necessarily need to have lived together throughout that two-year period. The Rules recognise circumstances where couples are unable to live together, for example because of work, study or cultural reasons.
You must also demonstrate that:
- your relationship is genuine and subsisting;
- you and your partner have met in person;
- you intend to live together permanently in the UK after the application is granted; and
- you satisfy the applicable financial, English language and accommodation requirements.
Who can sponsor an unmarried partner visa?
Your partner must generally be one of the following:
- a British or Irish citizen;
- a person who is settled in the UK, for example with Indefinite Leave to Remain or settled status;
- a person with qualifying pre-settled status under the EU Settlement Scheme;
- a person with refugee status or humanitarian protection in the UK; or
- a person with certain other qualifying immigration status specified under the Immigration Rules.
There are specific requirements depending on your partner's immigration status, so it is important to establish the correct route before making an application.
Financial requirement
For most new applications you and your partner must usually demonstrate a gross annual income of at least £29,000.
Depending on your circumstances the financial requirement may be met through permitted sources of income and, where applicable, qualifying cash savings. The precise evidence required depends on how the financial requirement is being met.
There are also exceptions and alternative provisions in certain circumstances, including where the UK based partner receives specified disability or carer's benefits. In some cases, an applicant may also be able to rely on the exceptional circumstances provisions where the standard financial requirement cannot be met.
Relationship evidence
A successful application requires comprehensive evidence demonstrating the history and nature of your relationship.
Depending on your circumstances, this may include evidence of:
- your communication with one another;
- visits and time spent together;
- joint financial commitments;
- shared accommodation or household responsibilities;
- joint bank accounts or financial support;
- holidays and significant occasions spent together;
- correspondence and other evidence demonstrating an ongoing commitment; and
- any children you have together.
If you and your partner do not live together, this does not automatically prevent an application.
You will need to demonstrate the ongoing commitment and genuine nature of your relationship and explain the circumstances in which you live apart.
English language requirement
Unless an exemption applies, you will normally need to demonstrate your knowledge of English.
This may be satisfied in a number of ways, including passing an approved English language test at the required level, holding a relevant qualification taught or researched in English, or being a national of a qualifying majority English-speaking country.
The level required can depend on whether this is your first application, an extension or a settlement application.
Accommodation
You must have adequate accommodation in the UK for yourself and your family without relying on prohibited public funds. The accommodation must satisfy the relevant requirements under the Immigration Rules.
Tuberculosis (TB) testing
If you are applying from a country where the Home Office requires tuberculosis testing, you may need to obtain a valid TB certificate from an approved clinic before submitting your application.
Children and dependants
Eligible children may be able to apply with you or join you in the UK, subject to the requirements of the Immigration Rules.
The circumstances of each child should be considered carefully particularly where children have different immigration status or are applying separately.
If you cannot meet the standard requirements
Not meeting one of the standard requirements does not necessarily mean that there is no possible route to the UK.
There are provisions within the Immigration Rules that may apply in certain circumstances, including cases involving children in the UK or where refusal of the application could result in unjustifiably harsh consequences for family life. These cases require careful assessment of the individual circumstances and supporting evidence.
The precise documents required will depend on your circumstances and the way in which you satisfy the Immigration Rules. Submitting incomplete, inconsistent or insufficient evidence can lead to delays, requests for further information or a refusal.
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Can I apply without a solicitor?
UK immigration law is governed by complex legislation, detailed Immigration Rules and strict Home Office guidance. Every visa category has specific requirements that must be satisfied, and even minor errors or omissions can result in an application being delayed or refused.
Seeking specialist legal advice at the outset can significantly reduce the risk of avoidable mistakes. Applicants who prepare and submit their own applications often underestimate the complexity of the Immigration Rules, increasing the risk of refusal and the loss of substantial Home Office fees.
When you instruct Sterling Shore Solicitors, your matter will be handled by a specialist immigration solicitor with the expertise best suited to your individual circumstances. From initial instruction through to final decision, we will prepare your application, advise you on the evidence required, liaise with the Home Office where appropriate and provide comprehensive legal representation throughout your case.
Our bespoke end-to-end service, technical expertise, meticulous preparation and proven track record have earned us a reputation for delivering exceptional legal representation across all areas of UK immigration and nationality law.
