UNMARRIED PARTNER VISA

The Unmarried Partner Visa is available to long term partners of British or Irish citizens, persons who are settled in the UK, persons with pre-settled status, persons with a Turkish Businessperson or Turkish Worker visa and persons with refugee status or humanitarian protection who wish to join, or stay with, their unmarried partner in the UK.  You can also apply for a UK Unmarried Partner Visa if your unmarried partner is outside the UK, but is intending to return to the UK with you.

The UK Unmarried Partner Visa can lead to indefinite leave to remain or settlement in the UK after a period of 5 years.

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 been in a relationship similar 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.

To discuss your Unmarried Partner Visa application with one of our immigration barristers, contact our UK Unmarried Partner Visa lawyers on 0203 617 9173 or complete our enquiry form below.

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 been in a relationship similar 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 Been in a Relationship for at Least 2 Years

In order to qualify for an Unmarried Partner Visa, you and your unmarried partner must have been in a relationship similar to marriage or civil partnership for at least two years prior to the date of your visa application.

The previous requirement to have physically lived together in a relationship akin to marriage or civil partnership for at least two years has now been removed from the Immigration Rules.

The Home Office will expect you to be able to provide documents which confirm that you and your partner have been in a relationship similar to marriage or civil partnership (but not necessarily living together) for at least 2 years.

If you have been in a relationship 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.

• Navigating the New UK Unmarried Partner Visa Rules
• Exceptional Circumstances in Appendix FM Family Visa Applications
• Exceptions to Appendix FM Partner & Parent Visa Requirements

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. 

Factors Considered by the Home Office When Deciding Whether a Relationship Is Genuine and Subsisting

Factors which may be considered by the Home Office when determining whether your relationship is genuine and subsisting include:

• Whether you and your unmarried partner are in a current, long-term relationship; 
• Whether you and your unmarried partner have been or are now living together;
• Whether you and your unmarried partner have children together (biological, adopted or step-children) and shared responsibility for them; 
• Whether you and your unmarried partner share financial responsibilities;
• Whether you and your unmarried partner have visited the other’s home country and family;
• Whether you and your unmarried partner have made definite plans concerning the practicalities of living together in the UK;

If the Home Office has doubts as to the genuine and subsisting nature of your relationship then it may undertake further checks, interview you and your unmarried partner or arrange a home visit.

Documents Required to Prove a Genuine and Subsisting Relationship

The Home Office will expect to see significant evidence of regular contact, signs of affection and companionship, emotional support, and an abiding interest in each other’s welfare and wellbeing.

Although there is no longer a requirement to have lived together for 2 years, the genuine and subsisting relationship requirement may more easily be met by evidence of cohabitation. Documents should ideally be in the name of you and your unmarried partner jointly.  Alternatively, it is possible to rely on documents addressed to you both individually at the same address.  Documents should be dated within the last few years and originate from a range of sources. Official documents are preferred, but if it is not possible to provide exclusively official documents then other documents proving cohabitation may also be submitted.

If you and your unmarried partner have not lived together for very long, it is also possible to provide unofficial evidence of a relationship.  

As mentioned above, the Home Office will expect to see significant evidence of a genuine and subsisting relationship.  If the Home Office has doubts as to the genuine and subsisting nature of your relationship then it may undertake further checks, interview you and your unmarried partner or arrange a home visit.  If it has reasonable grounds to doubt that your relationship is genuine or subsisting then your Unmarried Partner Visa application will be refused.

Our immigration barristers regularly advise Unmarried Partner Visa applicants as to the documentary evidence that the Home Office will expect to see in order to be satisfied that their relationship is a real one, based on genuine affection and shared values, and that it is ongoing at the time of the application.  We do not rely on templated lists of documents and only ever advise our clients on the documents needed to prove a genuine and subsisting relationship on the basis of their own personal circumstances.  

• What is a Genuine and Subsisting Relationship?
• Genuine and Subsisting Relationship Requirement

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. 

• Residence Requirements for Partners

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.

• Spouse, Partner and Family Visa Success Stories
• Unmarried Partner Visa – Top 10 FAQs
• Partner Visa Extension & ILR Application Top Tips

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 £29,000.

There is no longer a separate child element to the minimum income requirement.

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.   

How to Satisfy the UK Unmarried Partner Visa Financial Requirement

The UK Unmarried Partner Visa financial requirement can be satisfied in a variety of different ways, including by relying on:

• Income from salaried or non-salaried employment of your unmarried partner (and/or you if you are in the UK with permission to work); 
• Non-employment income, for example, income from property rental or dividends from shares; 
• Cash savings of your unmarried partner and/or yourself, above £16,000, held by your unmarried partner and/or you for at least 6 months and under their / your control;
• State (UK or foreign), occupational or private pension of your unmarried partner and/or yourself;
• Income from self-employment, and income as a director or employee of a specified limited company in the UK, of your unmarried partner (and/or you if you are in the UK with permission to work).

In some circumstances it is possible to rely on a combination of the above sources of income to satisfy the financial requirement.  

As mentioned above, different considerations will apply if your unmarried partner is in receipt of certain state benefits or entitlements. 

Also, Unmarried Partner Visa applicants relying on cash savings to satisfy the Unmarried Partner Visa financial requirement may wish to keep in mind that the level of cash savings required in an entry clearance and extension application is different from the level required when applying for indefinite leave to remain as an unmarried partner. 

In exceptional circumstances in which refusal of the Unmarried Partner Visa application could otherwise breach ECHR Article 8, other credible and reliable sources of income, financial support or funds available to the couple may be taken into account.

Our immigration barristers are experts in the Unmarried Partner Visa financial requirement rules and regularly assist UK Unmarried Partner Visa applicants to navigate the complex evidential requirements.

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.

• The UK Family Visa Accommodation Requirement
• Meeting the Accommodation Requirement: UK Spouse or Fiance Visa

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.

• Family & Partner Visa English Language Requirement

UK Unmarried Partner Visa Supporting Documents Checklists

The most common reason for an Unmarried Partner Visa application to be refused is because the applicant fails to include sufficient documentary evidence in support of their application.

The Immigration Rules contain strict requirements in terms of the documents that must be submitted in support of a UK Unmarried Partner Visa application.  Every case is different and the required supporting documents for an Unmarried Partner Visa application will vary from case to case. 

Applicants should be very careful when using pre-prepared document checklists for Unmarried Partner Visa applications.  Advice from an immigration lawyer will ensure that the documents listed are appropriate for individual circumstances.  

At the same time, if a required document is not provided, is in the wrong format or does not contain all mandatory information then the application for an Unmarried Partner Visa may be refused.  Appeals can take many months to be determined and the outcome may be uncertain.  A fresh application will involve further cost and additional delay.

Our immigration barristers provide expert advice to Unmarried Partner Visa applicants in relation to the documents required for a successful Unmarried Partner Visa application and also check supporting documents for compliance with the Immigration Rules.  

UK Unmarried Partner Visa Application Fee

The Home Office application fee for a UK Unmarried Partner Visa application submitted outside the UK is currently £1,846.  The Home Office application fee to switch into the unmarried partner category from within the UK or extend stay as an unmarried partner is currently £1,048. Additional fees will apply if you use the Priority or Super Priority Service.

UK Unmarried Partner Visa Processing & Decision Waiting Times

The current Home Office processing time for an Unmarried Partner Visa application submitted outside the UK is 24 weeks. If you apply via the Priority Service then you will usually receive a decision within 30 working days. There is no Super Priority Service for out-of-country applications.

• Can I Visit the UK While My Partner Visa Is Being Processed?

Applications to switch into or extend as an unmarried partner submitted from within the UK are currently being decided by the Home Office within 8 weeks.  However, if you do not satisfy the minimum income or English language requirements then it may take about 12 months to receive a decision.

There is no 5 working day Priority Service for in-country unmarried partner applications, but if you apply via the Super Priority Service then you should receive a decision by the end of the next working day.

Duration of a UK Unmarried Partner Visa

If your application for a UK Unmarried Partner Visa is successful, your unmarried partner visa will be valid for 33 months initially. If you apply for leave to remain in the UK as an unmarried partner then you will be granted leave valid for 30 months.

Before your initial grant of leave expires, you will need to apply to UK Visas and Immigration to extend your stay.  If your application for further leave to remain as an unmarried partner is successful then you will be granted further leave to remain for a period of 30 months.

After spending 5 years in the UK as an unmarried partner, you will be eligible to apply for indefinite leave to remain.

Switching Into the Unmarried Partner Visa Route From Within the UK

An application for leave to remain as an unmarried partner can be made from within the UK, unless you are in the UK as a visitor or, with few exceptions, with valid leave granted for a period of 6 months or less.  

Visitors who wish to settle in the UK with their unmarried partner  should leave the UK and apply for entry clearance as an unmarried partner from overseas.

Working in the UK on an Unmarried Partner Visa

Unmarried Partner Visa holders have a full right to work in the UK.

Indefinite Leave to Remain as an Unmarried Partner

If your Unmarried Partner Visa application is successful, you will initially be granted permission to enter the UK for a period of two and a half years (plus an additional three months if applying for entry clearance).  You will need to make an extension application before the expiry of your leave.  If your unmarried partner extension application is successful then you will be granted further leave for a period of two and a half years.  

After spending 5 years (60 months) in the UK on the Unmarried Partner Visa route, you may be eligible to apply for indefinite leave to remain in the UK.

In order to qualify for indefinite leave to remain as an unmarried partner you will need to demonstrate, in addition to the above requirements, that:

• Since you have been in the unmarried partner category you have lived together with your  unmarried partner in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period when you have not done so;
• You meet the higher CEFR Level B1 English Language requirement that applies to settlement applications;
• You have passed the Life in the UK test (unless exempt)..

If you make an application for indefinite leave to remain as an unmarried partner but do not satisfy the above requirements, UK Visas and Immigration will go on to consider if you meet the requirements for a further extension of stay as an unmarried partner.

To discuss your Unmarried Partner Visa application with one of our immigration barristers, contact our UK Unmarried Partner Visa lawyers on 0203 617 9173 or complete our enquiry form below.

UK Unmarried Partner Visa Frequently Asked Questions

• Unmarried Partner Visa – Top 10 FAQs
  

Where Can I Apply for A UK Unmarried Partner Visa?

If you are applying for an Unmarried Partner Visa from outside the UK then you should apply in the country where you are resident (otherwise than as a visitor). You do not need to be a citizen of the country.

If you are already in the UK and have been granted permission to stay for a period of more than six months then you can apply for leave to remain as an unmarried partner from within the UK.

If you have been granted a period of leave of six months or less, such as a visitor, you will need to leave the UK and apply for entry clearance as an unmarried partner from overseas.  The concession which allowed visitors to apply from within the UK during the Covid-19 pandemic is no longer in force.

How Do I Apply for a UK Unmarried Partner Visa?

Unmarried Partner Visa applications are made using an online application form. There is a different application form, depending on whether the applicant is applying from inside the UK or overseas. 

Before you apply for a UK Unmarried Partner Visa you should check the correct application form for your individual circumstances with an immigration lawyer.

You should prepare your supporting documents while you are preparing your Unmarried Partner Visa application form, as there are some specific document requirements which necessitate that your documents are dated before the date that you submit the online application form. 

The current system allows individuals to upload scans of their Unmarried Partner Visa supporting documents for the Home Office to review. However, you should check the individual procedure for the country in which you intend to apply at the time when you are applying, as the Home Office changes this system from time to time.

When Can I Apply for a British Passport?

When you first enter the Unmarried Partner Visa category you will be granted a period of two and a half years (plus an additional three months if applying for Entry Clearance). You will then have to make an extension application before the expiry of this leave and will be granted a further two and a half years.

Most people in the Unmarried Partner Visa category are on a five year route to settlement. This means that after two grants of 30 months, they are eligible for Indefinite Leave to Remain.

Some people are on a ten year route to settlement, and they will need to have four grants of leave. If, after you enter the UK you switch from the five year route to the ten year route, then you can count both grants of leave towards the period you need for the ten year route.

Once you have obtained Indefinite Leave to Remain in the UK, if you are married to a British national you can immediately apply to Naturalise as a British Citizen. If you are not married to a British national, you will need to wait for a period of 12 months before you can apply.

What if My Unmarried Partner Visa Application Is Refused?

If your application for a UK Unmarried Partner Visa is refused then you should have a right of appeal. This is because an unmarried partner application is automatically deemed a human rights claim. 

The appeal will be heard at the First-tier Tribunal (Immigration and Asylum Chamber) in the UK. 

If you are in the UK, you and your unmarried partner will be able to attend and give evidence before the Judge. 

If you are outside of the UK, your unmarried partner will be able to attend, but you can write a statement and provide evidence for the Tribunal to consider. Arrangements may be made for you to give evidence remotely if this is appropriate in your case.  

Immigration appeal proceedings can take many months to be determined and the outcome may be uncertain.  Again, we recommend seeking legal advice and representation from a specialist immigration lawyer before appealing against a decision to refuse an Unmarried Partner Visa application.

What if I Cannot Satisfy the Requirements for an Unmarried Partner Visa?

If you are not able to satisfy the requirements for a UK Unmarried Partner Visa you may still be able to enter or remain in the UK on human rights grounds if, for example:

• You have a child in the UK who is a British or Irish citizen;
• You have a child in the UK who has lived in the UK for at least 7 years and it would be unreasonable for them to leave the UK;
• There would be very significant difficulties for you and your unmarried partner that could not be overcome if you lived together as a couple outside the UK;
• It would otherwise breach your human rights to prevent you from coming to the UK or to make you leave the UK.

• Exceptional Circumstances in Appendix FM Family Visa Applications
• Exceptions to Appendix FM Partner & Parent Visa Requirements

How Our Immigration Barristers Can Help

Our immigration barristers regularly assist foreign national unmarried partners to relocate to, and settle in, the UK with their partners.  We have assisted hundreds of foreign national partners to prepare and submit successful UK Unmarried Partner Visa applications.

Whether you require expert advice on the requirements of the Immigration Rules for an Unmarried Partner Visa, an independent assessment of your prospects of qualifying for an Unmarried Partner Visa or professional assistance with preparing an Unmarried Partner Visa application, our immigration barristers can help.

The financial requirement rules are particularly complex and include mandatory requirements in terms of the documentary evidence that must be provided to UK Visas and Immigration in order to demonstrate access to the relevant funds. Our immigration barristers specialise in assisting applicants with complex financial circumstances to secure successful outcomes in their Unmarried Partner Visa applications.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team of immigration barristers, dedicated to providing clear and reliable immigration advice to individuals applying for a UK Unmarried Partner Visa as part of a professional and friendly service.