UK Unmarried Partner Immigration Visa

The UK Unmarried Partner immigration Visa, also known as the UK De Facto Visa, permits an unmarried partner of a British citizen or a person settled in the UK to live in the country for an initial period of up to 33 months. To qualify for this visa, the couple must have been in a genuine and lasting relationship for at least 2 years. Both opposite-sex and same-sex couples are eligible to apply for the Unmarried Partner Visa.

New Rules for the UK Unmarried Partner Immigration Visa: As of 11 April 2024, the minimum salary requirement has increased to £29,000.

Additionally, Visa holders can extend their Unmarried Partner Visa for an additional 30 months before the current visa expires, provided they continue to meet the eligibility requirements. After 5 years of continuous residence in the UK on this visa, you may be eligible to apply for permanent settlement (Indefinite Leave to Remain or ILR).

Who is Eligible to Apply for a UK Unmarried Partner Immigration Visa?

Overseas nationals may be eligible to apply for a UK Unmarried Partner Visa if they have been in a genuine and ongoing relationship for at least 2 years with a partner who meets one of the following criteria:

• Is a British or Irish citizen
• Holds Indefinite Leave to Remain (ILR), EU Settled Status, or proof of permanent residence
• Is from the EU or EEA (Switzerland, Norway, Iceland, or Liechtenstein) and has Pre-Settled Status under the EU Settlement Scheme (EUSS), having started living in the UK before 1st January 2021
• Holds a Turkish Businessperson Visa or Turkish Worker Visa
• Has UK refugee status or humanitarian protection

Alternative Eligibility: If you do not meet the above requirements, you might still be able to apply for the Unmarried Partner Visa under the following conditions:

• Significant Difficulties: You can demonstrate that there would be significant challenges for you and your partner if you were to live together outside the UK, and these difficulties cannot be overcome.
• Human Rights: It can be shown that refusing the visa would breach your human rights or force you to leave the UK.

UK Unmarried Partner Immigration Visa – Requirements

To be eligible for a UK Unmarried Partner Immigration Visa, you must meet the following conditions:

• Both Partners Must Be 18 or Older: Each partner needs to be at least 18 years of age.
• Genuine Relationship: You must have lived together in a genuine and committed relationship for at least 2 years and still be in a relationship.
• Plan to Live Together in the UK: Both partners must intend to live together in the UK.
• Meet the English Language Requirement: You must have the required level of English language proficiency.
• Fulfill Financial Requirements: You must demonstrate that you have enough funds to support yourself and any dependants.

Relationship Requirement

To apply for UK Unmarried Partner Immigration Visa, you must demonstrate that you have been in a relationship that is akin to marriage or a civil partnership for at least 2 years. This 2-year requirement is essential to meet the genuine relationship criterion for the visa.

To prove you meet the relationship requirement, you should provide evidence showing that you have been living together continuously for the past 2 years. Refer to the documents required section below for the types of evidence you can submit.

Financial requirement

The financial requirement for UK Unmarried Partner Immigration Visa mandates that you have a minimum gross annual income of £29,000. This is the amount earned before tax and national insurance deductions.

In calculating your annual income, remember that it is not limited to just your salary. Various sources of income can be included, such as:

• the income you earn from self-employment or as a director of a limited company in the UK
• cash savings above £16,000
• money from a pension
• non-work income, for example, from property rentals or dividends

If you have cash savings exceeding £16,000, you can use them to reduce the income requirement for the Unmarried Partner Visa. Here’s how to calculate the amount your savings can contribute:

Step 1: Calculate the average amount of cash savings you have had over the past six months.

Step 2: Subtract £16,000 from this average savings amount.

Step 3: Divide the resulting figure by 2.5. (This division reflects the 2.5-year validity of the partner visa, ensuring you have enough funds for the full visa duration.)

If you have £25,000 in savings, you can lower your annual income requirement by £3,600. Thus, with £25,000 in savings, you would only need to show an income of £25,400 to meet the financial requirement.

If you have £88,500 in savings, you can meet the entire £29,000 minimum income requirement through your savings alone.

Supposing an applicant’s UK-based partner receives one of the benefits or allowances listed below on behalf of their child, the financial requirement for the Unmarried Partner Visa can be met through “adequate maintenance” rather than the standard minimum income requirement. These benefits include:

• Child Benefit
• Child Tax Credit
• Universal Credit (with Child Element)
• Income Support (for a child)
• Housing Benefit (for a child)
• Jobseeker’s Allowance (for a child)
• Employment and Support Allowance (for a child)

And in other cases the following can serve as a slight waiver:

• Carer’s Allowance
• Disability Living Allowance
• Severe Disablement Allowance
• Industrial Injuries Disablement Benefit
• Attendance Allowance
• Personal Independence Payment
• Armed Forces Independence Payment or Guaranteed Income Payment under the
• Armed Forces Compensation Scheme
• Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension
• under the War Pensions Scheme
• Police Injury Pension

English Language Requirements for the Unmarried Partner Immigration Visa

Applicants aged between 18 and 64 must fulfill the English language requirement to be eligible for the Unmarried Partner Visa. You can meet this requirement in one of three ways:

• Citizenship of an English-Speaking Country: You can meet the English language requirement if you are a national of one of the following countries:
  • Australia
  • Antigua and Barbuda
  • The Bahamas
  • Barbados
  • Belize
  • Canada
  • Dominica
  • Grenada
  • Guyana
  • Jamaica
  • Malta
  • New Zealand
  • St Kitts and Nevis
  • St Lucia
  • St Vincent and the Grenadines
  • Trinidad and Tobago
  • The USA

• Degree or Academic Qualification in English: You can meet the requirement if you hold a degree or academic qualification that was taught and assessed in English.

• Pass a Language Test: You can also meet the requirement by passing an English language test at the A1 level of the Common European Framework of Reference for Languages (CEFR) scale.

UK Unmarried Partner Visa required documents

When applying for an Unmarried Partner Visa, you will be asked to provide a number of documents to prove your eligibility. These may include:

• your current passport
• a copy of your biometric residence permit (BRP)
• proof of your relationship including:
  • your partner’s details, including their name, date of birth, nationality, passport, right to live in the UK
  • evidence of your relationship with your partner showing when and how you met and how often you see each other – any evidence provided should be less than 4 years old
  • evidence of how long you have lived together – e.g. shared bills, mortgages, rental agreements, and other things you pay for together
  • whether you provide care to your partner
  • details of anyone your partner was previously in a civil partnership with or married to, or they had children with, including divorce certificates
  • details of anyone your partner provides financial support to
• proof you meet the financial requirements, e.g.:
  • bank statements showing you and your partner’s income and any cash savings
  • 6 months of payslips
  • a letter from the applicant’s or partner’s employer detailing the length of employment, role, pay, and confirmation that the payslips provided are genuine.
  • evidence of income from other sources, e.g. pension, rental property
    P60s
• details of any previous immigration applications you have made
• details of any criminal convictions
• national insurance number
• tuberculosis (TB) test results (only if required)

How to apply for a UK Unmarried Partner Immigration Visa

To apply for an Unmarried Partner Visa, you will need to complete the following steps:

1. Complete the online Unmarried Partner Visa UK application form. The form you need to use differs for applications made inside1 the UK from applications made outside2 the UK.
2. Pay the required application fee and healthcare surcharge.
3. Make and attend an appointment with a UKVCAS or a local Visa Application Centre to have your biometrics processed (fingerprints and photo).
4. Upload any documents required to support your application.
5. Attend an interview with the Home Office if required.

UK Unmarried Partner Immigration Visa UK cost

The Unmarried Visa application fees are £1,048 per person if applications are made in the UK and £1,538 per person if application are made outside the UK.

Other costs include healthcare surcharge £1035 per person per year or £776 for children. This will provide you access to the NHS in the UK.

UK Unmarried Partner Immigration Visa to ILR

Once you have spent a continuous 5-year period in the UK as an unmarried partner, you may be eligible to apply for Indefinite Leave to Remain (ILR). To be eligible for Indefinite Leave to Remain (ILR) as an unmarried partner, you must:

1. You must still be in a genuine, ongoing relationship with your UK-based partner.Still meet the financial requirements
2. You must continue to meet the financial requirements specified for ILR applications in the UK.
3. You must have adequate accommodation in the UK for you and your partner, which is not overcrowded.
4. You need to meet the English language requirement at B1 level on the Common European Framework of Reference for Languages (CEFR) scale.
5. You must successfully pass the Life in the UK Test to show knowledge of British customs, history, and society.
6. You must meet the suitability criteria, which include having no serious criminal convictions and complying with UK immigration laws.

UK Unmarried Partner Immigration Visa extension

If you plan to remain in the UK, you will need to apply for an extension of your Unmarried Partner Visa before the expiry date. If your extension is granted, you can remain in the UK for a further 2.5 years, at which point you can apply for ILR.

To gain an extension, you must still meet the same criteria you met when you were granted your Unmarried Partner Visa. This means you must still be in the same genuine relationship with your UK-based partner and continue to meet the financial requirements. The only difference is that if you passed an approved English language exam at CEFR level A1, you will now need to meet level A2.

For more information see details: how to migrate to the UK

Reasons for Refusal of the UK Unmarried Partner Immigration Visa

UK Unmarried Partner Visas can be refused for a number of reasons, including:

• Failure to Demonstrate a Genuine and Ongoing Relationship: You have not shown that your relationship with your UK-based partner is genuine and continuing.

• Inability to Meet the Financial Requirement: You do not meet the financial criteria required for the Unmarried Partner Visa application.

• Concerns About Your Character: The Home Office considers you do not meet the good character requirements for the visa.

• Incomplete Application Information: You have not provided all the necessary information or documents with your visa application.

• Submission of False or Misleading Information: You have provided false or misleading information in your application.

• Incorrect Application Fee Payment: You have not paid the correct application fee for the Unmarried Partner Visa.

If your application is refused, depending on your circumstances, you may have a number of options available to you, including:

1. Applying for an administrative review (AR) if a mistake was made by the Home Office when issuing a refusal
2. Applying for a judicial review (JR) to challenge the legal basis for the decision
3. Preparing and submitting a fresh application
4. Preparing and submitting an application for a different type of visa
5. Appealing if your application was made on the basis of your human rights

References:

•  GOV.UK: Applications made in the UK

•  GOV.UK: Applications made outside the UK

See Also: Apply for Jobs in the United States as International Applicant