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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.
Unmarried Partner Visa Requirements
To qualify for a Unmarried Partner Visa, the applicant needs to meet the following requirements:
Your partner is British or Irish, is settled in the UK, has been granted pre-settled or 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 lived together in a relationship akin 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 financial requirement of £18,600 per annum through employment or self-employment, non-employment income, pension or cash savings
There is adequate accommodation for you and any dependents
You can speak and understand English to a required level
Requirements to Show Evidence of Cohabitation for 2 Years
To qualify for an Unmarried Partner Visa, you and your partner must have lived together in a relationship that is akin to a marriage or civil partnership for at least two years prior to the date of your visa application. It can either be in the UK or abroad.
The Home Office will expect you to be able to provide documents which confirm that you and your partner have been living together at the same address for at least 2 years.
The 2-year period does not have to be completed immediately before the date of your application for an Unmarried Partner Visa. Therefore, if you are not cohabiting with your partner now, you may still qualify for an Unmarried Partner Visa if you have lived together with your unmarried partner for at least 2 years at some point in the past. But you still will need to satisfy the Home Office that your relationship is a genuine and subsisting relationship at the date of your visa application.
Financial Requirements
To demonstrate that you can be adequately maintained in the UK without recourse to public funds, the applicant needs to satisfy the financial requirement.
The financial requirement for this type of application state that, unless exempt, you will need to demonstrate that your or your 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:
£18,600 or above, plus
£3,800 for a first child (who is not British, holds indefinite leave to remain in the UK, has pre-settled status or settled status or is an EEA national with a right to reside in the UK), plus
£2,400 for each additional child (who is not British, holds indefinite leave to remain in the UK, has pre-settled status or settled status or is an EEA national with a right to reside in the UK)
Different considerations will apply if your partner is in receipt of certain state benefits or entitlements for example, carer allowance, personal independence payment or disability allowance. In this situation, the sponsor must show that they can ‘adequately maintain and accommodate’ the family member being sponsored to enter or remain in the UK.
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 partner, without the need to rely on public funds, in accommodation which you own or occupy exclusively.
English Language & TB Test Requirements
Unless exempt, as part of your Unmarried Partner Visa application, you will need to satisfy the Home Office that you meet the English language requirement and TB test requirements.
When applying for entry clearance or to switch into the unmarried partner route, you will need to demonstrate competence in the English language to at least CEFR level A1 or above. 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 or above.
TB test requirements will apply if you are applying for entry clearance only and your country of origin is on the Home Office list of TB test requirements.
The exact requirements you will need to satisfy may vary depending on your personal circumstances. Please feel free to contact our immigration team at info@biscoes-law.co.uk to discuss further.
For further information or to speak to one of our experts, please get in touch