Unmarried Partner Visa

To gain permission to live in the UK with an unmarried partner:

You must have been in a committed relationship akin to marriage for at least 2 years either within or outside the UK. Prior to 31 January 2024, this meant producing evidence of cohabitation for a 2 year period prior to the application.

The changes introduced in January reflect the fact that it may not always be possible to produce evidence of cohabitation, for example, because of work, or because cohabitation outside of marriage is unlawful in that country, etc.

You must be able to produce independently verifiable evidence of the genuine and subsisting nature of the relationship which must have existed for at least 2 years and be similar in nature to marriage or civil partnership.

For those that have cohabited this can be done through producing a selection of independent documentation, e.g. bank statements and utility bills addressed to you jointly or individually throughout the qualifying period.

As mentioned above the applicant’s unmarried partner (the sponsor) must have legal status in the UK.

Both parties to the relationship must be aged 18 or over at the date of application and not be within the prohibited degree of relationship.

The applicant and their partner must have met in person.

Intend to live permanently together in a relationship similar to marriage or a civil partnership.

The relationship must be subsisting.

Previous relationships of the applicant or their partner must have broken down permanently.

The applicant must meet a specific financial requirement (read more below).

The couple must be able to accommodate themselves and any dependants adequately without additional recourse to public funds.

The applicant must demonstrate a minimum competence in the English language. This can be done either by being a citizen of a specified country, holding a degree level qualification that was taught in English, or by passing an approved English language test to level A1.

The criteria to be met for an extension of stay as an unmarried partner are the same as for the initial application with 1 notable exception; specifically, the applicant must pass a slightly harder Secure English Language Test at level A2. Evidence of cohabitation throughout the partner visa must be supplied as for an extension application.

We set out below a summary of the main rules.

Applicants must show that they meet certain minimum income or savings thresholds to qualify for the visa.

The annual income thresholds is £29,000 and no additional increments for dependent children for those who are making initial applications.

For those who applied pre-11 April 2024

There are saving transitional immigration laws which mean the financial requirements remain the same as when they applied to indefinite leave as follows:

Applicant with no children: £18,600

First child: an additional £3,800*

Subsequent children who are not British or settled in the UK: an additional £2,400 per child

Income type

The types of income which are acceptable are:

• employment or self-employment of either party;
• certain permitted sources other than employment, such as rent from property, music royalties, investment income, etc;
• state or private pensions of the applicant or sponsor; or
• maternity allowances or bereavement benefits received in the UK.

Shortfalls in income can be made up from savings in excess of £16,000. 

If it is not possible to rely on your income, the amount of savings required is £62,500 for those who applied pre 11 April 2024 and £88,500 for those who applied after. 

Savings must be held in an account in one of your or joint names for 6 months prior to the date of application.

Exemption from financial requirements

Applicants will be exempt from these financial requirements if their UK sponsor receives a specified disability related benefit or carer’s allowance. In these circumstances you will need to show you and any dependants can maintain and accommodate yourselves without additional recourse to public funds.

If you cannot meet the strict financial requirement, the decision maker must still consider your financial situation. 

If you don’t meet the financial requirements under the Immigration Rules, you may still be able to apply for a visa or extend your permission to stay if:

• you have a child in the UK who is a British citizen or
• has lived in the UK for 7 years and it would be unreasonable for them to leave the UK; or
• there would be very significant difficulties for you and your partner if you lived together as a couple outside the UK that couldn’t be overcome; or
• it would breach your human rights to stop you coming to the UK or to otherwise require you to leave the UK.

Please note if you are granted an unmarried partner visa in this way you are likely to be placed on a ten year route to settlement which means you will need to submit an application for permission to remain every 30 months.

Applicants for an Unmarried Partner visa and any dependants must pay an Immigration Health Surcharge of £1035 per year in advance for each whole or part year of the visa.

Outside the UK

Applicants not presently in the UK must apply for an unmarried partner visa to enter the UK in the correct capacity. 

Your must:

1. apply online and supply original specified evidence
2. attend a biometric appointment and potentially an interview
3. applicants from certain specified countries will be required to undertake a tuberculosis test.

Applications take 12-24 months to process through the standard route or 25 working days with the priority settlement service. 

Within the UK

For those already in the UK, with the exception of visitors and others who hold a visa for less than 6 months duration, it is possible to apply direct to the Home Office via either standard or super priority routes. The process involves submission of an application with specified evidence and attendance at a biometric appointment.

Super priority applications are usually processed in 1 day. Standard applications vary but are typically resolved within 1-6 months.

Outside the UK

Standard - £1846

Priority - £500

Some British visa application centres around the world offer a ‘Priority Settlement Service’ but you should check if this available.

This is an additional cost service which will enable to the application to be processed within a month.

Inside the UK

Standard application £1048 

Optional Super Priority Premium fee £1000

To qualify for indefinite leave to remain as an unmarried partner, an applicant must:

- have completed 5 years continuous lawful residence with an unmarried partner visa;

- the relationship must be subsisting and both parties must intend to live together permanently;

- satisfy the financial and accommodation requirements;

- not have any unspent criminal convictions (including motoring offences) or civil judgements;

- have passed the Life in the UK Test;

- and demonstrate a higher level of competence in the English language. Through being a national of a specified country, holding a degree level qualification that was taught in English, or by passing an approved English language test to level B1.

We can provide initial advice at the outset to determine the merits of the case and to ensure you are aware of the legal requirements. This will allow you to structure your case to ensure your case comply with the law.

Our team will provide written advice, check your documentation and upload your application for the unmarried partner visa.

The lawyers are of course available to speak to you either in person, telephone or through the internet from anywhere in the world.