Unmarried Partner visa – Who can apply?

24 Aug 2023, 32 mins ago

If you are a partner of a British National or settled person in the UK, and you have lived together for at least 2 years, you may be eligible to apply for an Unmarried Partner visa to enter or remain in the UK.

What are the requirements for an Unmarried Partner visa?

Relationship

Both you and your sponsor partner must meet the following requirements when applying for an unmarried partner visa (or extension thereof):

  • Be older than 18 and have met in person;
  • Not be related to each other; 
  • Be in, or continue to be in, a genuine and subsisting relationship;
  • Any previous marriages or civil partnerships between the parties, if any, must have permanently broken down;
  • Have been cohabiting for at least two years; and
  • Must intend to live together permanently in the UK once the visa or visa extension is granted.

Finance

You and/or your sponsor must be able to demonstrate that you have sufficient savings, or that you are earning or receiving sufficient income from your employment or other sources, as appropriate, for the duration of your visa.  

The minimum annual gross income which needs to be met must be at least £18,600 to qualify for the visa. If you have children, this requirement increases by £3,800 for the first child, and a further £2,400 for each subsequent child.

English Language

You must take an English Language Test, which assesses your speaking and listening skills, unless you are a national of a majority English-speaking country (e.g. USA, Australia, etc.). You must pass a test at a minimum of level A1 of the Common European Framework of Reference for Languages (“CEFR”) from an approved test provider. Alternatively, you can satisfy this requirement by achieving a degree or academic certificate from a programme that was taught or researched in English and is acknowledged by Ecctis (previously UK NARIC).

Accommodation

Finally, you must demonstrate that you have adequate accommodation in the UK for the two of you, as well as for your dependent children, if any. “Adequate” means that the accommodation will not be overcrowded as a result of your stay.

If there are any gaps in your joint residence, no official correspondence in both yours and your sponsor’s names, or if you believe that there may be issues in meeting any of the requirements for the Unmarried Partner visa, you should consider seeking legal assistance to discuss these in further detail, as it can lead to a potential refusal of your visa application.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on TwitterFacebookInstagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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