Unmarried Partner Visa UK: Guidance

The Unmarried Partner Visa UK route is for couples who have been in a genuine and committed relationship for at least two years, but are not married or in a civil partnership.

It enables the overseas partner to live, work, and study in the UK.

An unmarried partner visa can also be referred to as a durable relationship visa or a de facto visa, and falls under the UK Partner route of the Immigration Rules.

As with all partner visas, it is a route to permanent residence/indefinite leave to remain status after five years residence, with the possibility of naturalising as a British citizen.

Unless you are British, have permanent residence or are on another immigration route, and want to stay in the UK through your relationship and are not in a formal union, you will need to apply for a UK Unmarried Partner visa.

Purpose Of The Unmarried Partner Visa

The Unmarried Partner visa provides overseas nationals who cannot have a formal union with a route to stay in the UK, due to:

• Legal reasons (as they are still married)
• Cultural or religious reasons (objection from family members)
• Compassionate or health reasons.

Immigration Rule Changes – 31 January 2024

Unmarried couples no longer need to have lived together for a two year period following rule changes.

This does not mean an application for an Unmarried Partner can succeed, where unmarried couples have not lived together for two years, but enables those who cannot cohabit for good reason to apply such as:

• Work or study commitments
• Faith or customary reasons
• Physical impediments.

An unmarried couple still need to show they have been in a genuine relationship akin to marriage or a civil partnership – as opposed to a ‘boyfriend/girlfriend’ relationship.

The Unmarried Partner Visa UK requirements can be challenging and legal advice should be considered, particularly where there are complex issues.

The sponsor must be:

1. a British citizen
2. have pre settled or settled status
3. hold refugee status, or
4. qualify through the Turkish worker route.

To qualify for the the Unmarried Partner Visa UK route you must:

• Have been in a committed relationship similar to marriage for at least two years either within or outside the UK
• Prior to January 31 2024, this meant producing evidence of cohabitation for the two year period; and still does unless, you have good reasons to show otherwise.

Essential Requirements For The Unmarried Partner Visa

Both parties for the Relationship Visa UK must:

1. be aged 18 or over at date of application and not fall within the prohibited degree of relationship
2. have met in person
3. intend to live permanently together in a relationship similar to marriage or a civil partnership
4. the relationship must be subsisting
5. any previous relationship of either party must have broken down permanently
6. meet a specific financial requirement (read more below)
7. the couple must be able to accommodate themselves and any dependants adequately without recourse to public funds
8. the applicant must demonstrate a minimum competence in the English language. This is met through either being a citizen of a specified country where English is the majority language, holding a degree level qualification that was taught in English, or by passing an approved English language test initially to level A1.

The Unmarried Partner visa requires the couple to show they are in a genuine committed relationship and will depend on the individual circumstances.

Providing good documentation to substantiate the relationship is key. For most couples this should be possible, but for others will be more challenging, particularly where they have had periods of living apart or are unable to.

Supporting Evidence

The Home Office look to assess whether the relationship is akin to a marriage or civil partnership.

Supporting documentation can include those:

• Issued in joint or single names
• Statements from friends or relatives or
• Circumstantial evidence to show they have been together.

The best form of evidence are official ones such as bank statements or from national authorities, less weight will be attached to emails and photographs.

It is important to select the correct documentation to evidence the Unmarried Partnership over the two year period.

The Minimum Financial Requirement can be complex – the Home Office guidance outline various ways to meet the threshold and runs into over 30 pages.

Failing to meet it is one of the most common reasons for rejections.

To somewhat complicate the situation the Home Office raised the threshold on 11 April 2024, this means there are two possible sets of figures to take account of depending on when the initial application for a UK Unmarried Partner Visa was made, these are pre and post 11 April 2024.

Post 11 April 2024 – New Applicants

Those applying for the first time post 11 April 2024 need to show an income of £29,000 p.a. or the equivalent – in most cases now.

The post 11 April 2024 rules:

• Have no additional increments for children
• It is just the one figure regardless of the number of dependant children applying.

An applicant can meet the minimum financial threshold by showing they have held cash savings for a minimum period of 6 months.

The previous government of Rishi Sunak proposed the threshold would increase to £34,000 in 2024 and £38,700 but this has been paused by the current government pending a review.

Pre 11 April 2024 Applicants

Those who applied prior to the above dated need to show an income of £18,600 p.a. equivalent, the same as when they initially applied.

However, Unmarried Partners with children will need to have an additional:

• £3800 if applying with one dependant child i.e. £22400 in total
• £2400 for each additional dependant child.

Children who have permanent residence or are British citizens are not classified as dependants and so these additional increments do not apply to them.

Acceptable Types Of Income

The following types of income can be used:

1. employment or self employment of either Unmarried Partner (if the applicant is in the UK with permission to work)
2. permitted types of income other than employment such as rent from property, music royalties or investment income
3. state or private pensions of either Unmarried Partner
4. maternity or bereavement allowance received in the UK
5. rental income.

Savings

If you are applying through the Unmarried Partner visa and do not have the types of income available, it is possible to rely on cash savings.

How Much Savings Are Required?

The Minimum Financial Requirement can be met by showing savings of £88,500 held for a minimum period of six months, post 11 April 2024 applicants.

The figure is £62,500 for pre 11 April 2024 applicants.

Income Shortfalls

Income shortfalls can be made up through cash savings, but must be a minimum of £16000.

How Long Must The Savings Be Held For?

The savings must be held in your account or your partner’s for a minimum of 6 months prior to the date of application and must be accessible immediately regardless of whether there are financial penalties.

What Type Of An Account Must They Be In?

The savings can be held in an account:

• Within the UK or
• Overseas, but must be with one which has a financial regulatory body.

Where the savings are held in an overseas currency the exchange rate is that in place of at the date of the application, and the currency conversion tool used is Oanda.com.

It is important the specified funds have remained above the minimum threshold through the entire 6 month period.

Who Is Exempt From The Minimum Financial Requirement?

Applicants whose sponsor (the UK Unmarried Partner) receives for example, specified disability related benefit or carer’s allowance are exempt from the minimum financial requirement.

However you and your Unmarried Partner will still need to show that you can maintain and accommodate yourselves without recourse to public funds.

How Is An Assessment Made?

In making the assessment the Home Office will:

• Total up all net income
• Subtract the accommodation costs.

With the remaining figure, the Home Office will look at the amount of benefits a UK couple, with or without children would be expected to live on

If the surplus amount is equivalent to the benefits amount that will be sufficient.

What About Those Who Cannot Meet The Financial Requirement?

For those whose who cannot meet the strict financial requirement, the caseworker must still go on to consider the application with the financial information provided.

If Unmarried Partners do not meet the financial requirements, the caseworker will look at all the financial information.

For those who are unable to meet the above financial requirements an application for a visa can still be made if:

• you have a child who is a British citizen
• you have a child who has lived in the UK for a continuous period of 7 years and it would unreasonable for them to leave
• there would be significant obstacles for you and your Unmarried Partner to live abroad
• it would otherwise breach your human rights

Ten Year Route To Settlement

For those who are successful, the Home Office will grant them with permission based on their private life with a ten year route to settlement, with permission having to be renewed every thirty months.

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.

An application for the UK Unmarried Partner Visa can be made either from within the UK or overseas.

Within the UK

For Unmarried Partners already in the UK, it is possible to switch immigration status where the overseas partner has an existing visa issued for more than 6 months duration – in other words, you cannot switch from a visitor or short term student visa.

The application process for this type of Partner Visa is to:

• make an online visa application
• submit supporting documents, and
• undergo biometrics through TLS, a third party partner of the Home Office in the UK.

Standard applications can take around 8 weeks to process.

A Super Priority service is available for an additional fee where the processing is done within 24 hours of providing the biometrics.

Outside The UK

For those applying from outside the UK for the Relationship Visa UK route the application must be normally be from the home country.

The applicant must:

• make an online visa application
• submit supporting documents, and
• undergo biometrics through VFS who are the third party partners of the Home Office outside the UK.

The standard processing time is up to 12 weeks or more but should be processed within 24 weeks.

A Priority Settlement service is available where the application can be processed within 25 working days of attending the biometric appointment.

Inside The UK

Standard application fee – £1321

Optional Super Priority Processing fee – £1000

Immigration Health Surcharge fee – £1035 per year

Outside The UK

Standard application fee – £1938

Optional Priority Settlement fee – £500

Immigration Health Surcharge fee – £1035 per year

The duration of a UK Unmarried Partner Visa is slightly different depending on whether the initial application is made from within or outside the UK.

A successful application from within the UK will lead to a visa grant of two years and six months.

If your first application is from outside the UK, you will be issued with an eVisa for two years and nine months.

The following documents should be provided when applying for a UK Unmarried Partner visa:

• Current passport
• Expired passport
• TB test certificate, if required
• Evidence of English language testing
• Documents to evidence the unmarried partner relationship
• Financial documents
• Evidence of accommodation.

The UK Unmarried Partner Visa requirements include proficiency in the English language.

• Nationals of specified majority English speaking countries are exempted
• Those holding a degree level qualification from an approved UK university or institution obtained whilst the overseas Unmarried Partner had visa permission from the UK and
• Those with degrees from overseas countries taught in English and approved by ECCTIS (formerly NARIC) will meet the requirement.

Otherwise the overseas unmarried partner will need to meet a specified English language level test at A1 level.

An English language test will need to be met at the extension stage at the A2 level and for the indefinite leave at B1 level.

Benefit Of Taking The B1 Level Test Early

It is advisable where possible to take the highest level of English testing at the earliest stage as this can be used to passport you at subsequent stages.

For example, an unmarried partner who takes the B1 test at the initial stage will not have to do further testing for the extension or indefinite leave stages (and if applying for British citizenship).

Given the cost of undertaking each test level it is taking the test at level B1 at the outset if possible.

The unmarried couple will need to show that there is adequate accommodation available to themselves and any dependants.

This means the accommodation should meet minimum space criteria and be secure.

This can normally be shown through:

• Submitting plans of the accommodation
• Obtaining independent reports through specialist providers available on the internet or
• Through a suitable independent party for example a surveyor.

Once the overseas application has obtained indefinite leave to remain they will become eligible to naturalise as a British citizen.

If the couple remain unmarried then the overseas partner will need to wait for a further 12 months to become eligible to naturalise.

However, if the couple marry or enter into a civil partnership at any time and the sponsor is British, then the overseas partner may be able to naturalise once they have obtained ILR so long as they meet the requirements to do so.

If the application does not meet the UK Unmarried Partner visa requirements it is likely to be refused which can be distressing.

The most common reasons for refusal are the Unmarried Partner visa application did not meet the financial requirements or to show the relationship was genuine.

A refusal will entitle the overseas Unmarried Partner to lodge an appeal against the decision to refuse on human rights grounds.

The appeal will be heard before an independent judge.

However, the hearing for the Unmarried Partner appeal can take months to be heard and so depending on the circumstances, consideration should be given whether to challenge the decision or to submit a fresh application by addressing the reasons for refusal as this may lead:

• to a quicker positive outcome
• save time
• stress and
• possibly be more cost effective.

We can assist with navigating you through the Unmarried Partner Visa UK requirements and process.

Our team of lawyers have assisted many clients with partner visas over the past three decades.

We have accumulated outstanding 5* Reviews over more than fifteen years and built a formidable reputation in successfully assisting individuals with Unmarried Partner visa applications to the UK.

Our lawyers have dealt with complex partner visa scenarios and overcome challenges including before immigration judges in the highest courts to enable clients to continue to live together as Unmarried Partners in the UK.