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Unmarried Partner Visa

The Unmarried Partner visa category is for long term partners of British citizens or persons with indefinite leave to remain in the UK, who wish to join, or stay with their partner in the UK.  You can also apply if your partner is outside the UK, but intending to return to the UK with you.
 

Requirements for a UK Unmarried Partner visa application

In order to qualify for a UK Unmarried Partner visa you will need to satisfy UK Visas and Immigration that you meet the following requirements:

  • Your partner is British or holds Indefinite Leave to Remain;

  • You are both over the age of 18;

  • You have met in person and have lived together in a relationship akin to marriage or civil partnership for at least 2 years;

  • Your relationship is genuine and you intend to live together permanently;

  • 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;

  • You speak and understand English to the required level.

 

Requirement to have met in person 

You and your spouse must have met in person. The requirement to have ‘met’ means that you must be able to demonstrate a face-to-face meeting which resulted in the making of a mutual acquaintance. Simply coming face-to-face followed by telephone or written contact would not satisfy the requirements for a UK Spouse Visa.

To be in a relationship for at least 2 years 

To qualify for an Unmarried Partner Visa, you and your unmarried partner must have been in a relationship similar to marriage or civil partnership for at least two years prior to the date of your visa application.

The previous requirement to have physically lived together in a relationship akin to marriage or civil partnership for at least two years has now been removed from the Immigration Rules.

The Home Office will expect you to be able to provide documents which confirm that you and your partner have been in a relationship similar to marriage or civil partnership (but not necessarily living together) for at least 2 years.

If you have been in a relationship with your partner for less than 2 years then you may still qualify to join or accompany your partner on the basis of exceptional circumstances. Our immigration lawyers in London can advise on the prospects of a successful application.

Genuine and Subsisting Relationship Requirement

To qualify for a spouse visa you will need to provide the Home Office with evidence that your relationship with your partner is a genuine and subsisting relationship. Factors they may consider that demonstrates the genuineness of your relationship may include the following considerations:  

  • You and your spouse are in a long-term relationship; 

  • You and your spouse have been or are now living together;

  • you and your spouse have children together (biological, adopted or step-children) and shared responsibility for them; 

  • You and your spouse share financial responsibilities;

  • You and your spouse have visited the other’s home country and family;

  • You and your spouse have declared an intention to live together. in the UK.

 

Financial requirement for a UK Spouse visa

In order to demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will need to satisfy a financial requirement.

The financial requirement for a UK Spouse visa application states that you will need to demonstrate that your Spouse (or both of you jointly if you are in the UK with valid leave to remain) has a gross annual income of at least £29,000.

Those in receipt of state benefits will still be eligible to be considered and they can demonstrate that they will be able to show the sponsored family member will be adequately maintained and accommodated.

You can meet the UK Spouse visa financial requirement through salaried and non-salaried income, self-employed income, salary and/or dividends from a company of which you are a Director, property rental income, dividends and income from investments, stocks, shares, bonds or trust funds, pension income, insurance payments, maintenance payments and cash savings above £16,000 that have been held for at least six months, unless you can demonstrate that they have come from the sale of property or investments within the last 6 months.

In some circumstances it is possible to rely on a combination of the above sources of income to satisfy the financial requirement.
 

English Language Requirement 

You will need to satisfy the Home Office that you satisfy an English language requirement.

When applying for entry clearance or to switch into the Spouse Visa route you will need to demonstrate competence in the English language to at least CEFR level A1.  When you apply for further leave to remain as a spouse you will need to demonstrate competence in the English language to at least CEFR level A2. You can meet the requirement by:

  • Holding the nationality of a majority English speaking country;

  • Passing an approved English language test at or above the required CEFR level, with an approved provider as set out on Approved Secure English Language Tests and Test Centres; or

  • Having an academic qualification which is either a Bachelor’s or Master’s degree or PhD if awarded in the UK; or, if awarded outside the UK, is deemed by Ecctis (formerly UK NARIC) to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, and Ecctis has confirmed that the degree was taught or researched in English at or above the required CEFR level.

You may be exempt from meeting the English language requirement if: 

 

  • You are over the age of 65 at the date of application;

  • You have a physical or mental disability which prevents you from meeting the English language requirement; 

  • There are exceptional circumstances which mean that you cannot satisfy the English language requirement before entering the UK.

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