The Unmarried Partner Visa allows foreign non-EEA nationals to enter or remain in the UK in order to live with their British partner. This is allowed on the basis that they are in a provably genuine, committed and long-term relationship with a British national – or a person who is currently present and settled in the UK, possibly with Indefinite Leave to Remain. In any case, it’s crucial that the UK-based partner is living and remaining in the UK without immigration restrictions. This can include:
- Full British citizens.
- Someone who is present and settled in the UK with Indefinite Leave to Remain.
- A person currently staying in the UK under humanitarian protection or with refugee status.
Unmarried Partner Visa Requirements
In order to be considered an eligible and appropriate candidate for the unmarried partner visa category of family visas, you’ll need to not only meet but also prove that you satisfy all the requirements set in place by the Home Office and UKVI (UK visas and immigration). These eligibility requirements include meeting the following criteria:
- You must be able to demonstrate and prove that any previous relationships have ended. This includes any relationship that either the non-EEA applicant or the UK-based sponsor were involved in, whether previous marriages or unmarried, have ended. The Home Office will not grant an unmarried partner visa to a couple still engaged in previous marital or other relations.
- Both the applicant and the sponsor must both be over the age of 18 at the time of applying for the unmarried partner visa.
- The UK-based sponsor must be able to show that they have either full British citizenship, Indefinite Leave to Remain, or humanitarian protection in the UK. Unmarried partner visas cannot be awarded to the partners of people subject to UK immigration restrictions.
- You need to be able to show that you have not only have met physically and been in a relationship for the last two years, but that you have also been living together for at least two years at the time of applying. This demonstrates that you have been in a genuine and subsisting relationship akin to marriage or a civil partnership. This cohabitation requirement is absolutely mandatory for every unmarried partner visa applicant. You’ll need to be able to provide documentary evidence of this.
- You’ll need to convince the Home Office and UK visas and immigration that your relationship is entirely genuine and that both the non-EEA applicant and the UK-based sponsor both intend on living together in the UK on a permanent basis. This part of the application requires comprehensive and substantial evidence.
- There must be suitable and adequate accommodation available for the couple and any necessary dependents. It’s important for you to be able to prove to the Home Office and UKVI that the UK-based sponsor, the non-EEA applicant, and any dependents also coming to the UK have the suitable accommodation necessary to support an acceptable quality of life.
- As part of the unmarried partner visa applications, the adult non-EEA applicant will need to demonstrate that they are able to speak and understand English to the required level. These English language requirements could mean presenting evidence of your ability to understand English, or submitting proof requested by the Home Office such as completing an English language test. You may be considered exempt from this if you have proficiency in another British language such as Welsh or Scottish Gaelic.
- You and your partner must be able to fully support yourselves in the UK without needing to claim public funds. To this end, the unmarried partner UK visa type comes with certain financial requirements for gross annual income that you must be able to prove before being eligible for the visa. The financial requirements fall upon the UK-based settled person, not the non-European nationals coming to the UK.
What Are The Financial Requirements For An Unmarried UK Partner Visa?
When applying for the unmarried partner visa, it’s important to prove that you will be able to fully support yourselves while living in the UK without needing to access public funds, as per UK immigration rules.
To do this, the person living in the UK with settled status needs to be able to meet the specific financial requirement of a minimum income threshold before their partner can join them in the UK (unless the partner is already living and earning in the UK).
You won’t need to meet this minimum financial requirement if you are in the UK with humanitarian protection or have refugee status.
However, if you do need to meet the financial requirement, you’ll need to prove your gross annual income (before tax) meets the amount necessary, depending on who you’re applying for:
£18,600 – This is the minimum threshold you must meet when applying for an unmarried partner to join you in the UK. If you are planning on bringing a partner with no dependent children to the UK, this is the necessary amount you must meet.
Plus, you also need to prove that you have additional funds for every dependent child coming to live with you in the UK if this child is not British, a European national, or possessing settled status:
£3,800 – This is the additional amount you need to prove that you have for the first dependent child coming to settle in the UK with you.
£2,400 – This is the amount necessary for every additional dependent child after the first.
To do this, the person living in the UK with settled status needs to be able to meet the specific financial requirement of a minimum income threshold before their partner can join them in the UK (unless the partner is already living and earning in the UK).
You won’t need to meet this minimum financial requirement if you are in the UK with humanitarian protection or have refugee status.
However, if you do need to meet the financial requirement, you’ll need to prove your gross annual income (before tax) meets the amount necessary, depending on who you’re applying for:
£18,600 – This is the minimum threshold you must meet when applying for an unmarried partner to join you in the UK. If you are planning on bringing a partner with no dependent children to the UK, this is the necessary amount you must meet.
Plus, you also need to prove that you have additional funds for every dependent child coming to live with you in the UK if this child is not British, a European national, or possessing settled status:
£3,800 – This is the additional amount you need to prove that you have for the first dependent child coming to settle in the UK with you.
£2,400 – This is the amount necessary for every additional dependent child after the first.
How Do I Apply For An Unmarried Partner Visa?
When you’re putting together an application for the unmarried partner visa, you’ll need to fill in an online form through the Home Office application website. Here, you’ll also be able to submit your various supporting documents at the same time.
To complete the application process you will also need to attend a physical appointment at which your biometric information will be taken, such as fingerprints and a photo. If your non-EEA national partner is applying from outside the UK, you can expect a decision within around 12 weeks – this is reduced to around 8 weeks for applications made within the UK.
If your application for the unmarried UK partner visa is approved, you’ll be granted a visa with permission to visit and stay in the UK for two and a half years. You can then apply to extend this period or have your status changed to a different visa category.
Once your partner has spent five years or longer in the UK, they’ll be eligible to apply for Indefinite Leave to Remain (ILR). This will likely also require passing an English language test and a test about their understanding of UK tradition, customs, culture and law.
To complete the application process you will also need to attend a physical appointment at which your biometric information will be taken, such as fingerprints and a photo. If your non-EEA national partner is applying from outside the UK, you can expect a decision within around 12 weeks – this is reduced to around 8 weeks for applications made within the UK.
If your application for the unmarried UK partner visa is approved, you’ll be granted a visa with permission to visit and stay in the UK for two and a half years. You can then apply to extend this period or have your status changed to a different visa category.
Once your partner has spent five years or longer in the UK, they’ll be eligible to apply for Indefinite Leave to Remain (ILR). This will likely also require passing an English language test and a test about their understanding of UK tradition, customs, culture and law.
Need assistance?
J & S Law Firm are experienced UK immigration specialists offering guidance and support to individuals in relation to their UK immigration status and making Home Office applications. We can advise on the eligibility criteria you will need to evidence and the process you will need to follow for your application. With over decades of experience, we always provide rock-solid support to our clients and help them achieve their goal efficiently and smoothly.
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