The Unmarried Partner Visa provides an opportunity for non-UK residents in a long-term relationship with a UK resident to live and work in the UK. The visa serves as a bridge to a potential permanent residence in the UK, making it vital for many international couples.
Eligibility Criteria
- Partner’s Status: The applicant’s partner should be a British or Irish citizen, have settled status in the UK, been granted pre-settled status, hold a Turkish Businessperson or Turkish Worker visa, or have refugee status or humanitarian protection.
- Age Requirement: Both partners must be 18 or older.
- Meeting In Person: The couple should have met in person.
- Living Together: The couple must have cohabited in a relationship akin to marriage or civil partnership for a minimum of 2 years.
- Genuineness of Relationship: The relationship should be genuine and continuing.
- Intent to Live Together in the UK: Both parties must intend to live together permanently in the UK.
- Previous Relationships: Any past relationships must have ended permanently.
- Financial Stability: Applicants must meet a certain financial threshold.
- Adequate Accommodation: Suitable accommodation should be available for the applicant and any dependents.
- English Proficiency: The applicant must be able to speak and understand English to a certain standard.
The exact requirements can vary based on individual circumstances, making the guidance of immigration lawyers invaluable.
Relationship Requirements
The relationship aspect is pivotal for the visa. Key elements include:
- Meeting in Person: This implies a face-to-face meeting resulting in mutual acquaintance. Merely seeing each other, followed by phone or written contact, is insufficient.
- Living Together: Cohabitation akin to a marriage or civil partnership for at least 2 years is essential. The Home Office expects documents that validate shared living for this period. Even if the couple isn’t living together currently, previous cohabitation can be considered.
- Nature of Relationship: The relationship should be genuine and continuing. The Home Office considers factors like the duration and nature of the relationship, shared financial responsibilities, plans about living in the UK, and more.
- Genuine and Subsisting Relationship: The applicant must provide evidence that the relationship is genuine and continuing. This evidence can be in the form of financial records, shared responsibility of children, visits to each other’s home countries, and more. If the Home Office suspects the relationship’s genuineness, they might undertake further checks, including interviews or home visits.
Financial Requirements
The financial criterion mandates that the UK-based partner should have a minimum gross annual income:
- £18,600 for the couple.
- £3,800 for the first child.
- £2,400 for each additional child.
Accommodation Requirements
Applicants should provide evidence of exclusive occupation of an accommodation that neither is overcrowded nor violates public health regulations.
English Language Requirement
For entry clearance or switching to the Unmarried Partner Visa route, applicants should demonstrate English proficiency of at least CEFR level A1. For further leave to remain, CEFR level A2 is needed.
Duration and Transition
Successful applicants receive a visa valid for 33 months initially. An application for an extension can yield an additional 30 months. Post this 5-year period, applicants can apply for Indefinite Leave to Remain.
Application Process
The application involves an online form submission, and depending on whether the application is from inside the UK or overseas, different forms are utilized. The supporting documents, essential for the application, must be prepared in parallel with the application form. The Home Office might ask for additional checks, interviews, or home visits, depending on the information presented.
Fees and Processing Times
The application fee for submissions outside the UK is £1,523, and for those switching or extending within the UK, it’s £1,033. The standard processing time for applications outside the UK is around 12 weeks, while in-house applications might be decided in 8 weeks.
Conclusion
The UK Unmarried Partner Visa offers a pathway for international couples to live together in the UK. However, the visa’s requirements can be intricate and demanding. Due diligence in understanding the criteria, along with seeking professional guidance, can smooth the application journey.
For specialized advice, the expert team of immigration solicitors can be reached at 0203 617 9173, or through the Online form.