An individual can stay in the UK for up to 33 months initially with a visa sponsored by their partner, who must either be a British citizen or a settled resident. This visa type is commonly referred to as the UK De Facto Visa.
Have questions about your visa? Reach us at 02033939272 or complete our online form. Our immigration experts are ready to support you whether online, by phone, or in person.
A person who is not married but has a partner who is either a British citizen or has permanent residence in the UK is able to apply for an Unmarried Partner Visa and stay in the country for up to 33 months at the beginning. To be eligible, unmarried couples must have had a genuine connection with their spouse in the UK for at least two years. You will also need to meet all of the requirements mentioned below in order to be eligible for a UK Unmarried Partner Visa. The Unmarried Partner Visa is open to applicants in same-sex or opposite-sex relationships.
If they are still eligible, unmarried partners can extend their visas for an extra 30 months before they expire. You can apply for permanent settlement, often known as indefinite leave to remain (ILR), after five years of living in the UK on a UK de facto visa.
A UK Unmarried Partner Visa is available to foreign nationals who have been in a committed relationship for a minimum of two years and who continue to be in a committed relationship with a partner who:
Applicants who do not satisfy the foregoing qualifications may still be able to apply under the immigration unmarried partner rules:
To be eligible for an Unmarried Partner Visa to the UK, you must prove to UK Visas and Immigration that you fulfil the following criteria:
The person you’re planning to marry is either a British or Irish national, has already made the UK their permanent home, is a Turkish national with a businessperson or worker visa, is a refugee, or has humanitarian protection;
The specific conditions that must be met in order to be eligible for an Unmarried Partner Visa could differ based on your individual situation. For professional guidance, you should see an immigration lawyer.
If you are applying for an Unmarried Partner visa, one of the requirements is to demonstrate to the Home Office that your relationship is indeed genuine.
You should be able to achieve this by submitting the necessary documents. The relationship status of you and your partner can be verified using legal proof from the government, a bank, a landlord, a utility provider, or health care provider.
You should only use papers that are less than four years old.
Here is a list of possible documents that you could submit:
It can be difficult to convince the Home Office of your true relationship. A skilled immigration lawyer can simplify the procedure. Rees Clayton Immigration Solicitors has significant expertise in helping couples settle in the UK and offers bespoke document verification for Spouse, Civil Partnership, and Unmarried Partner visa applications. Contact us online or at 02033939272 for quick assistance.
An Unmarried Partner visa requires a minimum gross income of £29,000, which is calculated before taxes and national insurance deductions.
Keep in mind that there are many additional sources of income outside wages that can be included when calculating your annual income. These include:
To find out how much your savings of more than £16,000 can lower your required income, all you have to do is:
With £25,000, you may cut your annual income by £3,600. If you made £88,500, you wouldn’t have to meet the minimum income limit of £29,000.
The financial criteria may be satisfied by “adequate maintenance” rather than the minimum income requirement if the applicant’s UK-based partner gets one of the payments or allowances mentioned below on behalf of their kid. Among these advantages are:
There are several methods in which you can use both paid and non-salaried income to satisfy the financial income criterion for the Unmarried Partner visa. You can use a mix of sources of revenue to get over the threshold, including:
Cash savings
If a foreign citizen is applying for an unmarried partner visa, personal savings of £16,000 or more can be used to reduce the required minimum income. If your salary falls below the £29,000 threshold needed for financial stability, your savings can make up the difference. For every £1 your income is short of the required amount, you must have an additional £2.50 in savings. These savings may come from the non-EEA applicant, and they must have been held for at least six months.
Renting income from properties
If you own properties and receive a steady income from renting them out, this rental income can be considered for meeting the financial requirements. However, it’s important to note that the sale value of any property cannot be used to fulfill the financial criteria.
Income from employment or self-employment
Any money you make in the UK, whether from a job or being self-employed, counts towards your income criteria if you have settled status and are currently earning money there. Before paying taxes and national insurance, you have access to your revenue. For example, if you are a director of a UK-based company, you may deduct your self-employment income. It is important to note that you must have been paid the given pay for at least six months.
Trust funds:
You can utilise whatever amount you have in a trust fund to help meet the minimum financial criterion for the UK visa for an unmarried partner. Although it is not a salaried income, it can be deducted from your annual gross income when submitting a visa application.
Adoptions, maternity, paternity, or sick pay
If you have had your yearly income changed due to an unavoidable circumstance, for example, taking sick leave, maternity or paternity leave, or anything else you can use these payments to satisfy the unmarried partner visa’s minimum financial requirement.
Pension
If the individual who has established residency in the UK is currently receiving a pension, this income may be applied toward the UK unmarried partner visa requirements related to finance. This is classified as non-employment earnings and is typically deducted in replacement of income from a job or self-employment.
In order to qualify for an Unmarried Partner visa, you often need to demonstrate that your command of English meets a certain standard. This can be shown in various ways, such as:
This criterion will not apply to you if you are 65 or older or if you are unable to perform the duties of the job due to a mental or physical disability.
When applying for an Unmarried Partner visa, you must submit a comprehensive set of documents and information to prove that you meet all the necessary criteria.
This may include, but is not limited to, the following:
Additionally, if any documents are not in English or Welsh, you will need to provide certified translations.
To apply for an unmarried partner visa, you must follow these steps:
For non-UK nationals, the Unmarried Partner visa application fee is £1,846. It will cost £1,048 if you are applying from within the UK.
In addition, there is an immigration healthcare surcharge of £1,035 per annum that you must pay. You will have to pay £5,175 if you want to stay in the UK for five years.
When applying from outside the UK, the processing time for your application with UK Visas and Immigration (UKVI) might be up to 24 weeks.
The application processing time for applications submitted from within the UK might be as long as 8 weeks, or even longer if all the conditions are not met.
You might have to pay extra to get your application handled faster, but this is usually possible.
With Rees Clayton Immigration Solicitors, we can help you submit your Unmarried Partner visa application quickly. We can assist you in putting together a comprehensive application and supporting documents within a few days if your case requires immediate attention. For urgent assistance, please call 02033939272 or send an online message.
Upon approval of your application for an Unmarried Partner Visa to the UK, your visa will initially be valid for 33 months.
Once this time frame ends, you must prove that you still satisfy all the conditions and that your situation has not changed (for example, because your relationship has ended) in order to extend your leave as an Unmarried Partner.
If you are an unmarried partner seeking to extend your stay in the UK, you will be given 30 months’ leave upon successful application.
We know that life doesn’t always go as planned.
It’s worth noting that the Unmarried Partner Visa can lead to permanent residency, but this is dependent upon continuous compliance with immigration regulations.
There are many things to think about, such as:
One can apply for indefinite leave to remain after being married to a British citizen or settled person for five years, provided they have completed all the immigration requirements throughout this time.
Our team at Rees Clayton immigration solicitors is well-versed in all the regulations pertaining to immigration and can help you stay in compliance with them. Call 02033939272 to speak with an immigration attorney who can provide you with tailored guidance.
For unmarried partners of UK citizens, reaching the expiration date of their visa often comes with the desire to continue their life in the UK alongside their long-term partner. Fortunately, the UK offers a pathway to extend your stay. Beyond the initial 30 or 33 months of visa validity, you can apply for a second extension of an additional 30 months while remaining in the UK.
To extend your Unmarried Partner Visa, you must submit an application to UK Visas and Immigration (UKVI) before your current leave expires. It’s essential to demonstrate that you are still in a stable relationship with your partner and meet all maintenance and financial requirements from your previous visa.
Many couples start their immigration journey toward Indefinite Leave to Remain (ILR) and permanent settlement in the UK through this visa. By achieving the five-year residency milestone, which comprises your initial grant and an additional 30-month extension, you will become eligible to apply for ILR, paving the way for long-term security in the UK.
It is feasible to include dependents on the travel document while applying for a UK Unmarried Partner Visa.
A few things you should be aware of are the financial requirements for taking dependents along and the price of the Unmarried Partner Visa UK.
If you are a parent or legal guardian of a child under the age of eighteen, you may be eligible to apply for a resident visa for the UK.
This dependent application must be submitted at the same time as your first application for an unmarried UK Partner Visa.
You can appeal the decision if your application for an unmarried partner visa is denied. However, the Unmarried Partner Visa appeals procedure can be difficult to understand and navigate.
The following is a detailed guidance on how to appeal a refusal of an Unmarried Partner Visa:
If you want to get an unmarried partner visa without going through the appeals procedure, you should apply as strongly as possible the first time around.
Your chances of getting your immigration application granted are much higher if you work with a group of seasoned attorneys.
The goal of UK Visa & Immigration is to complete 95% of partner visa applications for the UK within 12 weeks of submission.
The majority of visa processing centres outside of the UK provide settlement priority service for those who require expedited visa processing. Your UK Unmarried Partner visa application will be prioritised throughout the entire decision-making process. The Settlement Priority Visa Service typically processes UK Unmarried Partner visas within 30 working days. The application for the visa can be expedited if it is well-prepared.
When applying to change or extend your Unmarried Partner status from within the UK, you will have the option to select between two processing time frames. If you employ the Standard Service for your in-country application, you can expect a decision within eight weeks. When you apply using the Super Priority Service, you can expect to hear back about your decision the following business day after you submit your biometric data. Give us a call at 02033939272.
You can work in the UK if you have an Unmarried Partner visa. This encompasses all forms of labour, whether paid or unpaid, voluntary or self-employed.
Also, you can study in the UK.
It’s important to note that for your wages and savings to count toward meeting the minimum income requirement for the Unmarried Partner visa, they must have been in your possession for at least six months. You can use any or all of the methods mentioned above to contribute to your gross annual income and meet the financial criteria.
In some cases, you may not be required to meet the minimum financial requirements to obtain a UK Unmarried Partner visa. This is typically the case if you or your spouse are receiving certain benefits, such as:
If you receive any of these benefits, you will not need to meet the £29,000 minimum income requirement for Unmarried Partner Visa UK eligibility. Instead, you will only need to demonstrate that you earn enough to support yourself and any dependents, which is referred to as “adequate maintenance.”
An online application form is used to apply for an Unmarried Partner Visa. Each applicant, whether based in the UK or elsewhere, must use a separate application form.
Consult an immigration attorney to ensure you are using the appropriate application form for your unique situation before submitting your application for an unmarried partner visa to the UK.
Please ensure that your supporting documents are prepared at the same time as your Unmarried Partner Visa application form. This is because certain document criteria require your paperwork to be dated before the online application form is submitted.
Currently, applicants can submit scanned copies of their supporting documents to the Home Office in order to get an Unmarried Partner Visa. Since the Home Office updates this system periodically, you should verify the specific methodology for the nation you wish to apply to when you submit your application.
At this time, cohabitation is not a requirement for those seeking an unmarried partner visa. The most important requirement is that you have lived together for at least two years. Under these circumstances, you are able to apply from outside the UK to join your partner in the UK.
The application fee might not be due in some specific cases. Among these, if you:
You can apply for a fee waiver on the gov.uk website if any of these apply to you.
