Unmarried Partner Visa
The unmarried partner route applies the same requirements and beliefs to couples in both heterosexual and homosexual relationships with the condition that you should prove you have been in a committed and genuine relationship for at least two years. This is also known as the UK de facto visa.
Applying to unmarried couples and also children, parents and a spouse or civil partner, technically the unmarried partner visa UK falls under the family visa category. Non-EEA and non-Swiss nationals have the right to legally seek to travel to the UK with the purpose of remaining and residing in the UK with their partner as stated under Article 8 of the European Convention on Human Rights.
Rubens Immigration with dedicated, knowledgeable and experienced professionals will work towards maximising your chances of success.
Page Contents
- Unmarried Partner Visa Overview
- Unmarried Partner Visa Requirements
- Financial Requirements
- Partner Visa Validity
- Applying For A Visa Extension
- Applying For Your Visa
- Unmarried Partner Visa Application Process
- Unmarried Partner Visa Fees
- Travelling With Your Dependents
- Frequently Asked Questions
- How can I get help from the Rubens Immigration
What is the UK Unmarried Partner Visa ?
A non-EEA national can enter and remain in the UK with the intent to live with their British partner if they hold the UK Unmarried Partner Visa. For this it is essential to prove that the relationship they have with their UK-based partner is genuine, long term and they are committed. It is vital for the UK-based partner to be living and remaining in the UK without any immigration restrictions. This means that your partner should be:
- A British citizen
- A person who has settled and is living in the UK with Indefinite Leave to Remain
- A person presently living in the UK with refugee status or under humanitarian protection
To have your unmarried partner visa application successfully approved you will need to meet some specified requirements. Apart from having to prove that for at least two years at the time of applying for the unmarried partner visa, you have been in a committed relationship, it is essential that the age of both the non-EEA applicant and the UK-based partner who is the sponsor is 18 years or above. You must also be able to convince that you intend to live in the UK permanently or on a long-term basis together with your partner. In addition, it needs to be proven that you both have sufficient and appropriate accommodation facilities and financial status for residing in the UK together.
On the basis of where you have applied for the visa the time period of the visa validity differs. If you are a foreign national unmarried to your UK-based partner already in the UK then upon application and acceptance your visa will permit you to reside in the UK for 30 months. But if the application is submitted by a non-EEA applicant who is not in the UK but abroad or in their home country, upon acceptance they will be permitted a time period of 33 months.
The unmarried partner path is the most appropriate and suggested visa for couples who do not intend on getting married and plan to decide upon it after spending some time living together in the UK. Rubens Immigration highly recommends that the couple who intend to apply for an unmarried partner visa to seek professional legal advice. The acceptance rate of this visa is a bit low for the Home Office seeks for comprehensive and detailed information of your life and relationship to support that it is genuine and sincere. You can get in touch with our experienced and qualified immigration lawyer to guide and assist you throughout your application process for you to have the best chance for success.
Unmarried Partner Visa Requirements
To validate your eligibility to apply for the unmarried partner visa that falls into the category of family visa, you should meet and also be able to prove that you fulfill all the requirements that have been set by the Home Office and UKVI (UK Visas and Immigration). The eligibility criterias to be satisfied are as follows:
- The non-EEA applicant and the UK-based partner who is the sponsor should both be 18 years old or above while applying for the unmarried partner visa.
- The UK-based partner should have a full British citizenship, Indefinite Leave to Remain or humanitarian protection in the UK. If they have immigration restrictions in the UK then their partner will not be eligible to apply for an unmarried visa.
- You must show with support from evidence that any previous relationships that you had have ended. This applies to both the applicant and the sponsor. It includes the previous marriages or unmarried relationships. If any signs that show any of you still engaged in previous marital or other relations will lead to the rejection of your application by the Home Office.
- You need to prove that your relationship with your UK-based partner is completely genuine and you two intend to live in the UK together permanently, to the Home Office or UKVI. Significant and comprehensive evidence should be submitted to support.
- You need to prove with documentary evidence that you have been living together for at least two years at the time of applying aside from having met physically and being in a relationship for the last two years. This cohabitation requirement exhibits that you have been in a genuine relationship akin to marriage or a civil partnership and hence is a compulsion for every unmarried partner visa applicant.
- The accommodation requirement of having suitable and adequate space for the couple and any other dependents coming along to the UK, that supports an acceptable quality of life, should be proven to the Home Office and UKVI.
- You will be required to prove your proficiency in English showcasing that you are able to understand and speak English without any difficulties. Documents of completing an English language test that support your English language requirement to the required stated level acts as evidence to the Home Office. If you have proficiency in another British language such as Welsh or Scottish Gaelic you may be considered exempted
- You and your partner need to convince that if you are to remain in the UK you will be able to fully support yourselves and not claim any public funds. A specified financial requirement for gross annual income must be met to make you eligible for the visa, which should be proven by the UK-based settled person and not the applicant.
Get in touch with our expert immigration lawyers to learn how to apply for a Fiance Visa.
What are the Financial Requirements for an Unmarried UK Partner Visa ?
As per UK immigration rules, you are required to prove that you will be able to fully support yourselves while residing in the UK without the need to access public funds, to make your application validated.
If the applicant is not in the UK and earning then the UK-based partner should meet the specific financial requirement of minimum income threshold for their partner to be able to join them. Exceptions apply if the UK-based partner is under humanitarian protection or has refugee status.
You can prove that your gross annual income (before tax) meets the standard amount, if you do not meet the financial requirement. This varies upon who you are applying for:
- £18,600 – If you are applying for an unmarried partner to join you in the UK with no dependent children, then this is the minimum threshold that needs to be met.
Additional funds are added for every dependent child applying to live in the UK with you, if they are not British, a European national or possess any settled status.
- £3,800 – If only one dependent child is coming to live in the UK with you, then this is the additional amount that should be met.
- £2,400 – For each subsequent child after the first, this is the additional amount to be met.
How to Meet the Visa Financial Requirements ?
There are different ways and sources of income through which you can meet the visa financial requirements. The sources that are accepted for the minimum income threshold are as:
- Employed or self-employed income – Under the condition that you have a settled status and are working in the UK, any income you make from employed or self-employed work is accepted for your income requirement. Income before National Insurance and tax can be used. Self-employed income such as being director of a UK-based company can be used. For at least six months or longer you need to be earning the given income.
- Cash savings – Personal cash savings of £16,000 or higher can be accepted to satisfy the minimum income threshold for the unmarried partner visa. Your savings can be used if you fail to meet the £18,600 minimum financial requirement. Your savings should be at least £16,000 with additional £2.50 for every £1 that your income is below the stated minimum threshold. The savings of the applicant can also be applied towards this amount and you need to have had these savings for at least six months.
- Trust Funds – To help you reach the minimum financial requirement for the UK unmarried partner visa, you can use the amount from your trust funds. It is viable to be counted towards your annual gross income when applying for the visa though being a non-salaried income.
- Property rental income – If you own properties and via the rental of these properties have a regular source of income, then this non-work income is also accepted. The sale value of any property cannot be used in meeting the financial requirement but the earnings made through the rent can be considered.
- Maternity, paternity, adoptions or sick pay – In meeting the minimum financial requirements for the unmarried visa, the payments received from having maternity or paternity leave, taking sick pay or anything else that has altered your annual earnings can be used.
- Pensions – For the UK unmarried visa the pension of the settled person in the UK can be considered for the financial requirement. Most often counted instead of employed or self-employed earning, this counts as non-employment earning.
How Long does the Unmarried Visa Last for ?
Depending upon where you are applying for the unmarried visa the time duration of its validation vaires. If you are applying from outside the UK then the visa will be issued for a 33 months time period. Although, making the application from within the country will issue the visa for a 30 months time period.
The unmarried visa is the initial step taken for the people who intend to remain and reside in the UK with their UK-based partner for a long term. The acceptance of the unmarried visa leads the path towards Indefinite Leave to Remain, for which the non-EEA applicant is required to stay in the UK as the unmarried partner of their UK-based partner for at least 5 years. This could be achieved by a visa extension of an additional 30 months before reaching the visa expiration date as the extension along with the original visa will complete the 5 year requirement.
Can the Unmarried Partner Visa UK be Extended ?
The unmarried partner of the UK citizen might wish to remain in the UK with their partner as they reach the visa expiration date. Application for an extension while in the UK is available that works in the couple’s favor which is an additional 30 months after the initial 30 or 33 months of the visa’s validity.
You can apply to the UKVI (UK Visas and Immigration) for the extension before your initial grant of leave expires. The financial and maintenance requirements to be met are the same as before with the condition that you must have been living with your partner while residing in the UK.
The extension of 30 months with the initial 30 or 33 months will help reach the five-year mark, making you eligible for the Indefinite Leave to Remain. Thus, the unmarried partner visa acts as the initial step towards Indefinite Leave to Remain and permanent settlement in the UK for most couples.
How do I Apply for an Unmarried Partner Visa ?
The Home Office application website provides an online form that you will need to fill in while you are applying for the unmarried partner visa. The various supporting documents that are required to be submitted can be done here itself at the same time.
A physical appointment should be attended for your biometric information to be taken such as a photo, fingerprint and person details, to complete the application process. The decision is expected to be received within 12 weeks for the applications made outside the UK which is decreased to around 8 weeks for applications made within the country.
You will be permitted a visa to visit and stay in the UK for two and a half years, if your application for the unmarried visa is accepted. To extend the time or have your status changed to a different visa category can be applied later on.
Having lived in the UK for five years with your UK based partner makes you eligible to apply for the Indefinite Leave to Remain. An English language test and a test about the understanding of UK tradition, customs, culture and law will additionally be required.
How Long is the Visa Processing Time ?
A time period of around 12 weeks can be expected for your application to be processed and a decision made and received as UKVI has proven the claim of having processed around 95% of all the UK unmarried partner visa applications within 12 weeks.
You can use a settlement priority visa service to have your visa processed in less time. This service ensures that your visa application will go straight to the front of the queue along every stage of the visa processing and decision making, which is offered by most visa application centres outside the UK. Using this, the applicant can expect 30 working days for their application to be processed.
How Much Does The Unmarried Partner Visa Cost ?
The unmarried partner visa cost as set by the Home Office varies according to where and how you have applied. For the applications made from outside the UK, the Home Office processing fee is at present set to £1,523. Whereas, for the applications made from inside the UK, the Home Office processing fee is set to £1,033, which applies to applications made for switching into the unmarried partner category visa also for an extension of the existing visa before its expiration.
The additional cost for bringing independents is the same as the visa fee of the applicant. This means, applying from outside the UK to bring a dependent with you will cost an extra charge of £1,523, which will be £1,033 if applied from within the UK. Applications made within the UK for an adult dependent who needs to be looked after will be charged an extra of £1,033. Although, the cost will go upto £3,250 for the applications made outside the UK.
Can I Bring Dependents with Me on an Unmarried Partner Visa ?
Yes, you can apply to bring dependents on an unmarried partner visa while applying. Although additional application fees and financial requirements should be fulfilled for this case.
Your children who are below 18 years of age are considered as dependents for whom you can apply. As you apply for the unmarried partner visa, at that very instance of initial application the application for your dependent should be made as well.
