Unmarried Partner or Same sex partner visas allow long-term partners of British citizens or those permanently settled in the UK to apply to join them or to extend their stay in order to remain together. This category is open to applicants from the United Kingdom and abroad. This route is typically taken by couples who are not yet married but have been living together for at least two years and results in settlement after five years in most cases.
VISA REQUIREMENTS FOR UNMARRIED PARTNERS
To be eligible for an Unmarried Partner visa, both the applicant and their partner must be over the age of 18 and meet the following requirements. The Sponsoring Partner must be British or have a permanent presence in the United Kingdom. Both have met in person and have cohabited for at least two years in a relationship akin to marriage. The relationship is ongoing, authentic, and viable. Meets the financial requirements and will be self-sufficient in the UK without relying on public funds. Intend to live together in the long term and have suitable housing available. Meet the CEFR level A1 for initial applications and A2 for extensions in terms of English language proficiency. Any previous relationships must have ended irreversibly. The financial requirement varies according to the number of financial dependents applying jointly. The minimum annual income requirement is £18,600 for a partner application alone, with an additional £3800 for the first child and £2400 for each subsequent child. The additional income requirement will apply only to children who are not British or settled in the UK.
Financial requirements can be met in a variety of ways, including salaried or non-salaried income, company salary or dividends, self-employment income, rental income, pension income, or income from any investments, to name a few. Additionally, if the cash savings have been held for more than six months and exceed £16,000, they may be used in part or entirely to meet the financial requirement. Additionally, applicants may combine certain types of income and/or savings in order to meet the financial requirement. This is an area where applicants must exercise extra caution, as failure to provide the required documents to demonstrate income continues to be one of the most frequently cited reasons for refusal under this route. The applicants may rely on human rights grounds if they otherwise do not meet all requirements and can demonstrate that maintaining the relationship outside the UK would present significant difficulties. In certain circumstances, the Home Office may also consider third-party funding or support when determining whether the minimum income threshold has been met.
EXTENSION OF THE VISA AND SETTLEMENT
Applicants are typically granted 30 months of initial leave if they apply from within the United Kingdom and 33 months if they apply from abroad. They will be able to extend their leave if they continue to meet the requirements and will be eligible to apply for settlement after five years in this category. Additionally, it is worth noting that if leave is granted based on human rights or for any other reason than meeting the requirements, applicants will be able to settle in the UK after ten years. If the applicants are not married to a British citizen, they may apply for British citizenship after 12 months of settlement, provided they meet all other requirements. Unmarried Partner visa holders have the full right to work, study, and engage in commercial activities in the United States.
FREQUENTLY ASKED QUESTIONS
Q: HOW LONG DOES IT TAKE TO GET AN UNMARRIED PARTNER VISA?
A: The Home Office claims that 95% of Entry Clearance applications are processed in 12 weeks. Applicants seeking a faster decision may apply for the Settlement Priority Service, which guarantees a 30-day processing time. Applications for leave to remain are normally processed within 8 weeks, with a super priority service available for an additional fee.
Q: HOW CAN I PROVE 2 YEARS OF COHABITATION?
A: Correspondence addressed to the applicant and sponsor individually or jointly over 2 years may be evidence. The documents can be bank statements, utility bills, mortgage statements, council tax bills, etc. The Home Office advises applicants to provide 6 pieces of correspondence in joint names and 12 pieces in sole names.
Q: CAN I APPLY WHILE AWAITING MY DIVORCE?
A: All previous relationships must end permanently before applying for this route, so applicants must wait until divorce is finalised.
Q: HOW DOES A BREAKUP AFFECT MY UK VISA?
A: This type of visa is issued based on the applicant’s relationship with their sponsor. If the relationship ends, the Home Office will cancel the visa, giving the applicant only a few days to reapply or leave the country.