UNMARRIED PARTNER VISA

UK Unmarried Partner Visa Overview

The UK Unmarried Partner Visa, also referred to as the de facto visa, provides a pathway for non-EEA nationals in committed relationships to reside with their British or settled partners in the UK. Designed for couples who have been together for at least two years, this visa offers an initial stay of 33 months, with the possibility of extension and a route to permanent settlement (Indefinite Leave to Remain) after five years.

General Eligibility

This visa is open to unmarried partners of:

• British citizens.
• Individuals settled in the UK.
• Individuals with pre-settled status.
• Holders of Turkish Businessperson or Turkish Worker visas.
• Individuals with refugee status or humanitarian protection.

Key Requirements

• Genuine Relationship: A proven, committed relationship akin to marriage or civil partnership, lasting at least two years.
• Financial Stability: As of April 11, 2024, a minimum annual income of £29,000 is required.
• Additional Requirements: Applicants must also demonstrate sufficient English language proficiency and provide evidence of adequate accommodation.

Benefits

• Living Together: Allows couples to reside together in the UK, regardless of their current location.
• Work Rights: Provides the right to work in the UK.
• Pathway to Settlement: Offers a route to permanent residency after five years.

Considerations

The application process can be demanding in terms of preparing the appropriate documentation. Our expert solicitors can provide both guidance and support throughout your Unmarried Partner Visa application. We will help you understand and meet all the requirements, gather the necessary documentation, and compile a portfolio of evidence to ensure your application is as strong as possible.

Expert Guidance

Axis Solicitors specialises in immigration and has results-driven solicitors who can guide you through every step of the Unmarried Partner Visa application. Our solicitors have years of experience in gathering the right persuasive evidence that the Home Office is looking for when they make their decision.

Our Services

• Assess your eligibility and advise on the best course of action.
• Help you gather and prepare all necessary documentation.
• Ensure your application is complete and compelling.
• Provide ongoing support and representation throughout the process.

Contact us to arrange for a free initial assessment and take the first step towards building a future together in the UK.

Unmarried Partner Visa Requirements

To ensure a successful application, you must meet all the requirements set by the Home Office and UK Visas and Immigration (UKVI). The most important thing that you need to satisfy and prove is that the relationship is genuine.

Requirements

Your Partner’s Eligibility

• British or Irish Citizen: Your partner must hold UK or Irish citizenship.
• Settled in the UK: Your partner must have indefinite leave to remain, settled status, or proof of permanent residence.
• Pre-Settled Status: Your partner must have pre-settled status, having started living in the UK before 1 January 2021.
• Turkish Businessperson or Worker: Your partner must hold a valid Turkish Businessperson or Worker visa.
• Refugee or Humanitarian Protection: Your partner must have refugee status or humanitarian protection in the UK.

Your Relationship

• Age: Both you and your partner must be 18 or older at the time of application.
• Met in Person: You must have met face-to-face.
• Two-Year Relationship: You must have been in a relationship akin to marriage or civil partnership for at least two years. This includes living together for at least two years or being together for at least two years but unable to live together due to study or cultural reasons.
• Genuine and Ongoing: Your relationship must be real, ongoing, and exclusive.
• Intention to Cohabit: You must intend to live together permanently in the UK.
• Past Relationships Ended: Any previous relationships must have permanently ended.

Additional Requirements

• Financial Stability: You must demonstrate sufficient financial resources to support yourselves and any dependents without recourse to public funds. As of 11 April 2024, the minimum income threshold is £29,000 per year.
• Adequate Accommodation: You must have suitable accommodation in the UK for yourselves and any dependents.
• English Proficiency: You must meet the required level of English language proficiency.

Strong Applications

Meeting these requirements and providing evidence of meeting each requirement is essential for successful applications. Seeking professional guidance from our immigration specialists can be invaluable. We can compile and review your documentation to ensure you meet all current requirements and have the strongest possible application.

Relationship Requirements

Meeting in Person

To qualify for a UK Unmarried Partner Visa, you and your partner must have met in person. A genuine face-to-face encounter is required; brief meetings or solely relying on calls and messages are insufficient.

Two-Year Relationship Rule in 2024

Your relationship, similar to a marriage or civil partnership, must have lasted at least two years before applying. While cohabitation is not always mandatory, proving a genuine and enduring relationship is essential. This updates previous rules that required two years of living together.

Documenting Your Relationship

The Home Office requires substantial evidence to confirm your relationship’s existence and commitment. This can include:

• Proof of shared finances.
• Travel records together.
• Communication records.
• Photos of time spent together.

If your relationship is less than two years old, you may still qualify under exceptional circumstances.

Genuine Relationship Requirement

You must prove to the Home Office that your relationship is genuine, ongoing, and exclusive. The assessment considers various factors:

• Duration: Is your relationship current and long-term?
• Cohabitation: Have you lived together or do you share a residence?
• Children: Do you share responsibility for children?
• Financial Ties: Do you share financial obligations?
• Mutual Visits: Have you visited each other’s home countries?
• Future Plans: Have you made plans to live together in the UK?

Additional Scrutiny

If there are doubts about your relationship, the Home Office may:

• Conduct further checks.
• Interview you and your partner.
• Arrange a home visit.

Successful Applications

Strengthen your application with ample evidence, such as:

• Photos together.
• Communication records (messages, emails).
• Travel itineraries.
• Joint financial documents.
• Proof of cohabitation.

Be prepared to answer questions about your relationship during an interview. Demonstrate a strong commitment to living together in the UK and a clear plan for your future.

Key Evidence

While living together for two years is no longer mandatory, proving cohabitation can strengthen your case. Documents should ideally be jointly addressed, but individual documents showing the same address are also acceptable. These should be recent, cover a span of a few years, and come from various sources. Official documents are preferred.

Examples of Supporting Documents:

• Joint tenancy agreements or mortgage statements.
• Utility bills are in both names.
• Bank statements showing shared financial responsibilities.
• Travel itineraries and tickets.
• Photos of time spent together.
• Communication records (emails, messages).
• Evidence of visits to each other’s home countries.

Additional Considerations

If you have not lived together for long, you can still provide unofficial evidence of your relationship. The Home Office evaluates each application individually and may conduct further checks if there are doubts about your relationship’s authenticity. A lack of convincing evidence may result in the refusal of your Unmarried Partner Visa application.

Financial Requirement

To ensure that you can be adequately maintained in the UK without resorting to public funds, you must fulfil the financial requirements for the Unmarried Partner Visa.

For a successful UK Unmarried Partner Visa application, unless exempt, you and/or your unmarried partner (if you are already in the UK with valid leave to remain) must demonstrate a combined gross annual income of at least £29,000.

Note, that the financial requirements for the UK Unmarried Partner Visa no longer include an additional income stipulation for children.

Exceptions and State Benefits

If your unmarried partner is in receipt of certain state benefits or entitlements, different criteria apply. In such cases, the financial requirement necessitates proving that the sponsor can ‘adequately maintain and accommodate’ the family member being sponsored to enter or remain in the UK.

Application Stages

You must satisfy the financial requirements at several stages:

1. Initial Application: When you first apply to enter the UK as an unmarried partner.
2. Extension of Stay: When you apply to extend your stay as an unmarried partner.
3. Indefinite Leave to Remain: When you apply for indefinite leave to remain as an unmarried partner.

Documentation

The Immigration Rules regarding the Unmarried Partner Visa financial requirement necessitate that the applicant provide proof of the financial requirements being met. A common reason for visa refusal is the failure to submit the necessary financial documentation.

Professional Guidance

Axis Solicitors specialises in immigration cases such as the UK Unmarried Partner Visa application and the associated financial documentation required. Our solicitors have years of experience in gathering the right evidence to persuade the Home Office when they make their decision.

Meeting the Financial Requirements

The financial requirement for this visa mandates a minimum gross annual income of £29,000 unless exempted by specific circumstances.

To achieve this, several income sources and combinations may be considered.

Eligible Sources

• Employment Income: Salaried or non-salaried employment income of either the applicant or their UK-based partner.
• Non-Employment Income: Property rental income, dividends, or other regular non-employment income.
• Cash Savings: Savings exceeding £16,000 held for a minimum of six months by either or both parties.
• Pension Income: State, occupational, or private pension income from either party.
• Self-Employment/Company Income: Income derived from self-employment or as a director/employee of a UK limited company.

Cash Savings Calculation

If relying solely on cash savings, a minimum of £88,500 is required. If savings fall below this threshold but exceed £16,000, they can still contribute to the financial requirement. The remaining amount must be met through other permitted income sources.

The Home Office assesses the contribution of savings using this formula:

1. Subtract £16,000 from the total savings.
2. Divide the remainder by 2.5 (representing the 2.5-years visa duration).
3. The result indicates the annual contribution from savings towards the £29,000 annual income requirement.

Example Calculation

If you have £50,000 in savings:

• £50,000 – £16,000 = £34,000 (usable savings)
• £34,000 ÷ 2.5 = £13,600 per year (annual contribution)
• £29,000 – £13,600 = £15,400 (adjusted annual income requirement)

Additional Considerations

Savings can be held individually or jointly in readily accessible accounts (personal bank, savings, or investment accounts).

Investment accounts have specific restrictions; our immigration solicitors can advise on their use.

Specific cash savings requirements may vary depending on whether you are applying for entry clearance, visa extension, or indefinite leave to remain.

Exceptions and Special Considerations

If your partner receives certain state benefits or entitlements, the standard financial requirements may not apply. However, you must still demonstrate sufficient funds and access to accommodation without relying on public funds.

Exceptional Circumstances

In exceptional cases, if refusing the Unmarried Partner Visa could potentially violate Article 8 of the European Convention on Human Rights (ECHR), which protects the right to respect for private and family life, other credible and reliable financial resources available to the couple may be considered. 

Professional Assistance

As specialists in UK Unmarried Partner Visa applications, Axis Solicitors offers expert support to ensure your financial evidence meets Home Office standards. Our guidance on income calculations, financial sources, and documentation preparation helps you avoid common pitfalls, thereby strengthening your application.

Financial Requirement Exemptions

Sponsors receiving income from certain sources may be exempt from the standard financial requirement for a UK Unmarried Partner Visa application. These exemptions apply if the sponsor receives any of the following benefits:

• Disability Living Allowance (DLA)
• Severe Disablement Allowance (SDA)
• Armed Forces Independence Payment (AFIP) or Guaranteed Income Payment (GIP)
• War Pension Scheme benefits: Mobility Supplement, Constant Attendance Allowance, or War Disablement Pension
• Police Injury Pension
• Industrial Injuries Disablement Benefit (IIDB)
• Attendance Allowance
• Carer’s Allowance

Being exempt means the sponsor does not need to demonstrate an annual income of £29,000. However, the applicant must still prove they have sufficient funds to support themselves and have adequate accommodation in the UK without relying on public funds.

If No Exemptions Apply

If exemptions do not apply, applicants can still request the Home Office to consider exceptional circumstances. This is particularly relevant if there is evidence that refusing the application would harm a child, based on human rights law. In such cases, the applicant must demonstrate sufficient funds, but the acceptable sources of those funds may be broader, potentially including guarantees of financial support from another person.

Exceptional Circumstances

In cases where strict adherence to the financial requirements could lead to undue hardship, exceptional circumstances under Article 8 of the European Convention on Human Rights (ECHR) may be considered. These circumstances might include:

• Medical Conditions: Severe health issues requiring ongoing treatment in the UK.
• Humanitarian Crisis: Risks to the applicant’s safety or well-being if returned to their home country.
• Compassionate Grounds: Situations involving exceptional hardship or compelling personal circumstances.

How Axis Solicitors Can Help

Axis Solicitors has extensive experience of financial requirement exemptions and exceptional circumstances. Our team provides expert guidance and representation to ensure your application addresses all necessary considerations.

• Assess Your Case: Thoroughly evaluate your situation to determine if it meets the criteria for exemptions or exceptional circumstances.
• Gather Evidence: Assist in compiling compelling evidence to support your claim, including documentation of exemptions, medical records, expert opinions, and personal statements.
• Prepare a Strong Argument: Develop a persuasive legal argument demonstrating how refusing the visa would violate your right to family life under Article 8 of the ECHR.
• Represent You: Advocate for your case before the Home Office and, if necessary, at immigration tribunals.

Financial Requirement Exemptions

Sponsors receiving income from certain sources may be exempt from the standard financial requirement for a UK Unmarried Partner Visa application. These exemptions apply if the sponsor receives any of the following benefits:

• Disability Living Allowance (DLA)
• Severe Disablement Allowance (SDA)
• Armed Forces Independence Payment (AFIP) or Guaranteed Income Payment (GIP)
• War Pension Scheme benefits: Mobility Supplement, Constant Attendance Allowance, or War Disablement Pension
• Police Injury Pension
• Industrial Injuries Disablement Benefit (IIDB)
• Attendance Allowance
• Carer’s Allowance

Being exempt means the sponsor does not need to demonstrate an annual income of £29,000. However, the applicant must still prove they have sufficient funds to support themselves and have adequate accommodation in the UK without relying on public funds.

If No Exemptions Apply

If exemptions do not apply, applicants can still request the Home Office to consider exceptional circumstances. This is particularly relevant if there is evidence that refusing the application would harm a child, based on human rights law. In such cases, the applicant must demonstrate sufficient funds, but the acceptable sources of those funds may be broader, potentially including guarantees of financial support from another person.

Exceptional Circumstances

In cases where strict adherence to the financial requirements could lead to undue hardship, exceptional circumstances under Article 8 of the European Convention on Human Rights (ECHR) may be considered. These circumstances might include:

• Medical Conditions: Severe health issues requiring ongoing treatment in the UK.
• Humanitarian Crisis: Risks to the applicant’s safety or well-being if returned to their home country.
• Compassionate Grounds: Situations involving exceptional hardship or compelling personal circumstances.

How Axis Solicitors Can Help

Axis Solicitors has extensive experience of financial requirement exemptions and exceptional circumstances. Our team provides expert guidance and representation to ensure your application addresses all necessary considerations.

• Assess Your Case: Thoroughly evaluate your situation to determine if it meets the criteria for exemptions or exceptional circumstances.
• Gather Evidence: Assist in compiling compelling evidence to support your claim, including documentation of exemptions, medical records, expert opinions, and personal statements.
• Prepare a Strong Argument: Develop a persuasive legal argument demonstrating how refusing the visa would violate your right to family life under Article 8 of the ECHR.
• Represent You: Advocate for your case before the Home Office and, if necessary, at immigration tribunals.

Accommodation Requirements

When applying for an Unmarried Partner Visa, whether for initial entry into the UK or extending your stay, you must demonstrate that you have suitable accommodation for both yourself and your partner. 

Your accommodation must satisfy the following conditions:

• Adequate Space: The property must be spacious enough for both of you to live comfortably, without needing to rely on public funds.
• Exclusive Occupation or Ownership: You must either own the property or have the legal right to occupy it exclusively.
• No Overcrowding: The accommodation must meet UK overcrowding standards, ensuring there is sufficient space for all residents.
• Public Health Compliance: The property must be safe, and healthy, and comply with all relevant public health regulations.

To support your application, you will need to provide evidence of your accommodation, such as proof of ownership or a tenancy agreement. This documentation should confirm your legal right to live there exclusively and demonstrate that the property meets all the necessary requirements.

Ensuring your accommodation complies with these standards is essential for a successful Unmarried Partner Visa application.

Required Documents

When applying for a UK Unmarried Partner Visa, it is essential to provide comprehensive documentation to support your application. The UK Visas and Immigration (UKVI) officials will look for the following documents and information:

1. Identification and Status:
   • Your current passport or other travel documents.
   • A copy of your biometric residence permit (BRP), if applicable.
2. Personal Details:
   • Details of any criminal convictions.
   • Your parent’s date of birth and nationality.
   • Your National Insurance number (if you have one).
3. Accommodation and Financial Evidence:
   • Details of your accommodation in the UK.
   • Bank statements and salary details show that your sponsor can meet the minimum income threshold.
   • Six months of payslips.
   • A letter from your or your partner’s employer detailing:
     • Length of employment.
     • Job role.
     • Salary.
     • Confirmation that the payslips are accurate.
   • Evidence of income from other sources, such as pensions or rental properties.
   • P60s from previous years.
4. Sponsor Details:
   • Your sponsor’s British passport or Indefinite Leave to Remain documents.
   • Details of any children who are also coming to the UK.
5. Travel History:
   • Details of the countries outside the UK you’ve lived in and visited.
6. Proof of Relationship:
   • Your partner’s details, including their name, date of birth, nationality, passport, and right to reside in the UK.
   • Evidence of your relationship with your partner, including:
     • How you met and how often you see each other.
     • How long you’ve lived together, supported by:
       • Shared bills.
       • Mortgage or rental agreements.
       • Other joint financial responsibilities.
     • Things you pay for together.
     • Whether you are your partner’s carer.
   • Any evidence provided should be less than four years old.
7. Additional Information:
   • Details of any previous immigration applications you have made.
   • Information on any criminal convictions.
   • Tuberculosis (TB) test results, if applicable.

Ensure all documents are current and accurately reflect your situation to support your application effectively. Proper preparation and submission of these documents will help demonstrate your eligibility for the visa.

Costs and Processing Times

Application Fees

• Outside the UK: £1,846
• Inside the UK: £1,048

Healthcare Surcharge

• Annual Fee: £1,035
• Total for Five Years: £5,175

Processing Times

• Outside the UK: Up to 24 weeks
• Inside the UK:
  • Standard Applications: Up to 8 weeks
  • Complex Cases or Incomplete Applications: Up to 12 months

Priority Service

An additional fee may expedite the processing of your application.

Please Note

• The above are standard processing times; your application may take longer.
• The healthcare surcharge is mandatory and grants access to the National Health Service (NHS) during your stay in the UK.
• Fees and processing times are subject to change.

Duration 

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

As your initial visa period comes to an end, you will need to apply to UK Visas and Immigration for an extension. If your application for further leave to remain is approved, you will be granted an additional 30 months.

After five years of continuous residence in the UK as an unmarried partner, you will become eligible to apply for indefinite leave to remain, which allows you to stay in the UK permanently.

Key Points:

• Initial visa duration: 33 months (for applications made outside the UK) or 30 months (for applications made within the UK).
• An extension is required before the initial visa expires.
• Further leave to remain: 30 months.
• Eligibility for indefinite leave to remain after five years of continuous residence.

For a successful application and long-term residency, ensure you meet all requirements and apply on time.

Indefinite Leave to Remain (ILR)

Initial Visa and Extensions

Upon approval of your unmarried partner visa application:

• You will initially be granted permission to stay in the UK for 30 months (2.5 years).
• If you apply from outside the UK, you will receive an additional 3 months for entry clearance.
• Before your visa expires, you must apply for an extension.
• A successful extension grants you another 30 months in the UK.

Eligibility for ILR

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 (ILR).

Requirements for ILR

In addition to the 5-year residency requirement, you must demonstrate:

• You have lived continuously with your unmarried partner in the UK, or have a valid reason for any periods apart, consistent with your intention to live together permanently in the UK.
• You meet the higher CEFR Level B1 English language requirement for settlement applications.
• You have passed the Life in the UK test (unless exempt).

Failure to Meet ILR Requirements

If you apply for ILR but do not meet all the requirements, UK Visas and Immigration will assess whether you qualify for another visa extension as an unmarried partner.

UK Unmarried Partner Visa Refusals

If your application for a UK Unmarried Partner Visa is refused, you generally have the right to appeal. This is because an unmarried partner application is automatically considered a human rights claim.

Appeal Process

• In the UK: You and your unmarried partner can attend the hearing at the First-tier Tribunal (Immigration and Asylum Chamber) and provide evidence before the Judge.
• Outside the UK: Your unmarried partner can attend the hearing in the UK, while you can submit a written statement and evidence. In some cases, arrangements may be made for you to give evidence remotely.

Immigration appeal proceedings can take several months, and the outcome may be uncertain. It is highly recommended to seek legal advice and representation before appealing against a refusal decision.

Reasons for Refusal

UK Unmarried Partner Visas can be refused for several reasons, including:

• Not meeting the genuine and subsisting relationship requirement
• Not meeting the financial requirement
• Concerns about your character from the Home Office
• Failing to provide all required information with the application
• Providing false or misleading information
• Not paying the correct application fee

Options After Refusal

Depending on your circumstances, you may have several options available if your application is refused.

These options may include:

• Administrative Review (AR): Request a review if there was a mistake by the Home Office when issuing the refusal.
• Judicial Review (JR): Challenge the legal basis for the decision.
• Fresh Application: Prepare and submit a new application with corrected or additional information.
• Alternative Visa Application: Apply for a different type of visa if applicable.
• Appeal: If your application was made on the basis of your human rights, you can appeal the decision.

Seeking professional legal advice can help you determine the best course of action and improve your chances of a successful outcome.