Unmarried Partner Visa – UK Solicitor Guide

Unmarried Partner Visa – UK Solicitor Guide

The unmarried partner visa is a vital immigration route for couples in long-term relationships who are not legally married or in a civil partnership. This visa allows an applicant to join their partner in the UK, provided certain conditions are met. In this blog post, we answer your common questions about the unmarried partner visa route.

Who can sponsor an unmarried partner visa application?

A sponsoring partner must either be a British or Irish citizen living in the UK, have indefinite leave to remain, settled status, or permanent residence, or hold pre-settled status under Appendix EU. Additionally, those with limited leave to remain as a Turkish Businessperson or Turkish Worker, or who have refugee status or humanitarian protection, can also act as sponsors.

What are the age requirements for the unmarried partner visa?

Both partners must be over the age of 18 at the time of the application. This ensures that the relationship meets the legal threshold required for an unmarried partner visa.

How can we prove that our relationship is genuine?

The Home Office requires strong evidence that your relationship is genuine and ongoing. First, you must have met in person—online communication alone is not sufficient. Additionally, you must have been in a relationship similar to marriage or a civil partnership for at least two years. Previously, applicants needed to have lived together, but this requirement has been removed. However, if you have not cohabited, you must provide a compelling explanation, such as work or study commitments, and support it with documentary evidence like joint financial commitments, shared experiences, and consistent communication.

Is cohabitation still required for an unmarried partner visa?

Although cohabitation is no longer a strict requirement, the Home Office still expects most unmarried partners to have lived together before applying. If you have not cohabited, you must provide a strong explanation, such as cultural reasons, work obligations, or study commitments. Even without cohabitation, you must prove that you have been in a committed relationship for at least two years through shared financial records, travel history, and communication records.

Do we need to prove that we will live together in the UK?

Yes, the Home Office expects you and your partner to intend to live together permanently in the UK. At the time of your initial visa application, both of you must clearly state your commitment to living together as soon as the visa is granted. If you later apply for an extension or indefinite leave to remain, long absences from the UK must be justified with valid reasons, such as work or education. If one partner spends significant time overseas without a strong reason, the Home Office may question your commitment to residing together in the UK.

What are the financial requirements for an unmarried partner visa?

To meet the financial requirement, your sponsoring partner—or both of you jointly, if you already have valid leave in the UK—must earn a minimum annual income of £29,000. Unlike previous rules, there is no longer a separate income requirement for dependent children. If you do not meet the income threshold, savings can be used as an alternative, provided they have been held for at least six months. Other sources of income, such as pensions or self-employment earnings, may also count.

What type of accommodation do we need to prove?

You must show that you will have suitable accommodation in the UK that meets public health and housing regulations. The property should be legally occupied by you and your partner, whether owned or rented, and it must not be overcrowded.

Do I need to meet an English language requirement?

Yes, unless you are exempt. For an initial visa or switching to this route, you need to demonstrate proficiency at CEFR level A1. For a visa extension, the requirement increases to CEFR level A2. This can be proven by taking an approved English language test, holding a degree taught in English, or being a national of a majority English-speaking country.

Exemptions apply to applicants over 65, those with medical conditions preventing them from meeting the requirement, or those in exceptional circumstances.

Final Thoughts

Applying for an unmarried partner visa requires careful preparation and strong supporting evidence. The removal of the cohabitation requirement provides more flexibility, but applicants must still demonstrate the depth and durability of their relationship. Ensuring you meet financial, accommodation, and language requirements is crucial for a successful application.

If you need tailored advice on your application, consulting an experienced immigration solicitor can help improve your chances of success.

At Saracens Solicitors we have extensive experience dealing with various types of applications under the partner and family route. We will provide you with the support and guidance to ensure that your application is made correctly and that all the relevant issues are highlighted and addressed. Please call our immigration team on +44(0)20 3588 3500.

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