Guidelines of Unmarried Partner Visa For The UK

Guidelines, Immigration Tips
unmarried partner visa uk

Unmarried Partner Visa UK in (2022)

The unmarried Partner visa category is for long term partners of British national, persons with indefinite leave to remain in the UK, permanently in the UK or limited leave to remain under Appendix EU who wish to join, or stay in the UK with their partner or proposed civil partner.   You will need to complete an online application form, submit a valid entry clearance application and attend a visa application centre to file your application. Your family member can also apply as your dependant.

The good news is that this category leads to settlement and then British citizenship.

Requirements for a UK Unmarried Partner visa application?

In order to qualify for a UK Unmarried Partner visa you will need to satisfy the following requirements under Appendix FM of the Immigration rules.

Guide to immigrating in the UK

  • Your partner is British, holds indefinite leave to remain or is permanently in the UK, limited leave to remain under Appendix EU or limited leave to remain under Appendix ECAA;
  • You are both over the age of 18;
  • You have met in person and have lived together in a unmarried partner relationship akin to marriage or civil partnership for at least 2 years;
  • Your relationship is genuine and you intend to live together permanently; This is known as the relationship requirement
  • Any previous relationships have broken down permanently;
  • You will be adequately maintained in the UK without recourse to public funds;
  • There is adequate accommodation for you and any dependents; This is known as the accommodation requirements.
  • You can meet English language requirement in Listening and Speaking. You must take the test from an approved English language test provider.

To discuss your Unmarried Partner visa for UK application with one of our immigration solicitors, contact our Unmarried Partner visa UK lawyers on 02037324736.

Meeting the Financial requirement for a UK Unmarried Partner visa?

UK Unmarried Partner Visa Solicitor

In order to demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will need to meet the minimum income threshold.

The financial requirement for a UK Unmarried Partner visa application states that you will need to demonstrate that your partner is earning a minimum of £18,600 per annum without having recourse to public funds. You provide provide specified supporting documents which will include providing bank statements for the relevant period.

You will need to have a gross annual income of at least:

  • £18,600; plus
  • £3,800 for a first child (who is not British, settled or an EEA national); plus
  • £2,400 for each additional child (who is not British, settled or an EEA national).

There are several ways to meet the financial requirement including:

  • Income from salaried or non-salaried employment of the partner (and/or the applicant if they are in the UK with permission to work). Maternity allowances are also counted including Bereavement benefits.
  • Non-employment income, e.g. income from property rental or dividends from shares.
  • Cash savings of the applicant’s partner and/or the applicant, above £16,000, held by the partner and/or the applicant for at least 6 months and under their control. The cash savings requirement is £62,500. State (UK or foreign), occupational or private pension of the applicant’s partner and/or the applicant. There are specified documents that will be required in support of your application.
  • Income from self-employment, and income as a director or employee of a specified limited company in the UK, of the partner (and/or the applicant if they are in the UK with permission to work). Different documents will be required if you are applying and relying on Income from self-employment or income as a Director or employee of a specified limited company.

In some circumstances it is possible to rely on a combination of the above sources of income in meeting the financial requirement in support of your the application process.

Different considerations will apply if your partner is in receipt of certain benefits in support of your family visa.

You may still be able to meet the requirement if you are not working or are on benefits or have sufficient savings to satisfy the financial requirements.  If your UK Sponsor – husband or wife is in receipt of the following specified benefits, you will need to fulfil the financial requirement of £18,600.

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

What is the ‘adequate maintenance’ test & requirement?

The adequate maintenance test/requirement will require you and your partner to prove that the level of income available to your family unit (after income tax, National Insurance contributions and housing costs have been deducted), is equal or exceeds the level of Income Support an equivalent British family of your size is eligible for. This is subject to the following adequate maintenance calculation:

The adequate maintenance calculation:

A – B ≥ C
(A minus B is greater than or equal to C)

A is the net income (after deduction of income tax and National Insurance contributions);

B is housing costs (what needs to be spent on accommodation)

C is the amount of Income support an equivalent family unit can receive in the UK.

Need assistance?

Our team of specialist immigration advisers help individuals and companies on all areas of UK immigration, visas and mobility. As Home Office fees are subject to change, you are advised to check the Home Office website for the latest fees before submitting your application, or contact us for a full appraisal of the current full costs of making a naturalisation application.

How long does it take to get a decision?

The vast majority of applications in this category take between 4-6 weeks, sometime quicker if further documents are not requested from the Home Officer casework. Processing times will be faster if you pay extra fee to obtain a fast track decision on your case.

UK Unmarried Partner visa application fee?

The Home Office application fee for a UK Unmarried Partner visa application submitted outside the UK is currently £1,523. The Home Office application fee to switch into the Unmarried Partner category from within the UK or extend stay as an Unmarried Partner is currently £1,033.

Do I need to pay the Immigration Health Surcharge?

In order to obtain a valid visa on the basis of unmarried relationship, you will be required to pay the Immigration Health Surcharge. You and any dependants will need to pay the UK NHS Surcharge, which is a separate fee from the Unmarried visa application fee. The Immigration Health Surcharge (IHS) covers the initial period of the length of the visa, which is 2.5 years. A separate fee is applicable for each dependant. The Immigration Health Surcharge fee is currently £1,560.  The NHS charge will cover a period of 33 months.

UK Unmarried Partner visa validity period?

biometrics uk visa information

If your application for a UK Unmarried Partner visa is successful outcome, you will be given an initial period of 33 months initially. If you apply for leave to remain in the UK as an Unmarried Partner then you will be granted leave valid for 30 months and be issued with a biometric residence permit. Before your initial grant of leave expires, you will need to apply to UK Visas and Immigration to extend your stay. If your application for further leave to remain as an Unmarried Partner in the UK is successful then you will be granted further leave to remain for a period of 30 months.

After spending 5 years in the UK as the Unmarried Partner of a British citizen or settled person, you will be eligible to apply for indefinite leave to remain.

Can an Unmarried Partner UK visa holder work in the UK?

Unmarried Partner visa holders have a full right to work and study in the UK.

We have decided to get married, do I still need to apply for a Unmarried Partner visa?

Unmarried Partner Visa

If you have decided to get married, you will not be required to meet the 2 years cohabitation period instead you will be required to meet the UK Spouse visa requirements under the UK Immigration rules.

Unable to satisfy the requirements for a UK Unmarried Partner visa?

If you are not able to satisfy certain of the requirements for a UK Unmarried Partner visa, you may still be able to apply to join or remain with your partner on Human Rights grounds if you can demonstrate that there would be very significant difficulties in your relationship continuing outside the UK. If your application is refused you will be given a right of appeal to challenge the decision of the entry clearance officer.

How our Immigration Lawyers in London can help?

Our immigration solicitors in London regularly assist with unmarried partner application. We have a vast amount of experience in checking your documents, preparing representations and submit successful Unmarried Partner visa for UK applications.

Whether you require expert immigration advice on the requirements of the immigration Rules, an independent assessment of your prospects of qualifying for a visa or professional assistance with preparing an immigration application, our immigration solicitors can help.

The financial requirement rules are particularly complex and include mandatory requirements in terms of the documentary evidence that must be provided to UK Visas and Immigration in order to demonstrate access to the relevant funds. Our immigration solicitors specialise in assisting applicants with complicated financial circumstances to secure successful outcomes in their Unmarried Partner visa applications.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team of immigration solicitors, dedicated to providing clear and reliable immigration advice to family members as part of a professional and friendly service. After assessing your eligibility, your dedicated lawyer will complete your application form to the best standard. This includes performing a full document check to ensure that your portfolio of evidence is adequate. We will also prepare a Letter of Representation to support your case for an successful application.

Call us on 02037 324 736 or 07957 154 057 or book an appointment at our office to get started on your application or by using our contact form.

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