Unmarried Partner Visas

The Unmarried Partner Visa makes it possible for a person who has settled status in the UK to bring over their unmarried partner to live with them in the UK. Of prime importance is the requirement that you have been living in a relationship akin to marriage for at least two years. Under the immigration rules, unmarried partners whether they be heterosexual or homosexual are treated in the same way. In addition, partners will be able to work freely in the UK.

It is a requirement that all partners obtain Entry Clearance before they travel to the UK, if they intend to remain permanently under the rules below. Anyone who arrives in the UK for the purposes of settling with their partner without Entry Clearance will be refused entry. Entry Clearance enables the applicant to come to the UK for an initial probationary period of two years. After this period, they can apply to settle.

General rules

The Unmarried Partner rules permits an overseas national to enter or remain the UK as the unmarried partner of a person living here.

If you are seeking entry to the UK as an unmarried partner (including a same-sex partner), you must fulfill the following requirements:

1. You are seeking to enter the UK because of your relationship to a person who is present and settled in the UK,
2. you and the sponsor are over the age of 18 on the date that you plan to arrive in the UK, and
3. you and your partner are intending to live together permanently in a relationship 'akin to marriage'.

All applicants wanting to enter the UK in this category must first obtain Entry Clearance. Contact Mulberry Finch now and find our how we can help. Additional rules for unmarried partners are: 

1. You have already been living in a relationship akin to marriage for two years or more. Couples will need to show this prior to the application. Couples will need to prove that the relationship is long term and committed. Evidence to support this could be bank accounts, domestic bills or official records of a shared address. Our lawyers will be able to identify all the evidence that will be required to ensure that your application is successful.
2. Any previous marriage or similar relationship by either partner has permanently ended. Each party in the unmarried relationship must be able to provide information regarding any previous marriage or partnership akin to marriage. They will be required to specify how long ago the previous relationship ended, whether by divorce or separation.
3. You are not in a consanguineous relationship with each other. This means that you are not allowed to be closely related.

Finally, you must satisfy the following requirements:

1. The person present and settled in the UK must have adequate funds to be able to support their partner as well as any dependants without claiming public funds.
2. Accommodation for the unmarried partner must be sufficient and suitable.

Children of unmarried partners who are under 18 years of age may be eligible for entry into the UK as dependants. They are allowed to apply at the same time as the main applicant.

How long will the visa be granted for?

If you and your partner have been together for less than four years you will be granted a visa for a two-year probationary period. If by the end of the two years you are still living together, you will be entitled to gain Indefinite Leave to Remain. If you and your partner have been together for more than four years outside the UK you will be eligible for Indefinite Leave to Remain in the UK without having to go through the probationary period. However, it will be necessary to provide documents that support this.  

Unmarried partner of someone who holds an ancestry visa, a Work Permit, HSMP, or a Tier 1 (General) visa

This is applicable if a foreign national has been in a relationship with someone who holds an Ancestry Visa, a Work Permit, HSMP, or a Tier 1 (General) Visa. If applying in this category, it is still necessary to apply for prior Entry Clearance.

Unmarried partners who are illegal entrants or overstayers, or have breached conditions of leave

Unmarried Partners who do not leave and who have breached immigration control are urged to seek professional legal advice. Contact us now.

Does this visa lead to Indefinite Leave to Remain?

If you have been living together in the relationship for at least 4 years before you make your initial Unmarried Partner Visa application, you will be eligible to apply for settlement in the UK straight away. In order to qualify it is necessary that the sponsor have UK Citizenship, Right of Abode or Indefinite Leave in the UK. In addition, the sponsor must be intending to return to the UK with the applicant in order to live here.

If this is not the case, you will be eligible to apply for settlement after you have lived in the UK for two years.

Do I need a lawyer?

It is common for Unmarried Partner Visas to be more difficult than ones based on marriage. If you would to engage our lawyers to assist you with this application, contact us now.