Applying for an Unmarried Partner Visa in the UK

The UK government created the Unmarried Partner Visa (Subclass 100) to make it easier for people who are not married or in a civil partnership to bring their unmarried partners to the UK. This visa allows them to apply outside the UK and move to, and live in, the country if their application is approved. If you’re planning on making your home in England and want to bring your partner with you, this article will give you all the information you need about how to apply for an Unmarried Partner Visa in the UK.

The UK defacto visa, commonly referred to as the unmarried partner visa, enables an unmarried partner to enter or remain in the UK because they are in a relationship with someone who is already there and "established in the UK." Having "settled in the UK" indicates that you regularly reside without facing immigration-related time limits.

Both heterosexual and same-sex couples are eligible for the Unmarried Partner visa as long as you can demonstrate that their union is still strong and has been going for at least two years.

What is an Unmarried partner visa?

If you want to apply for a visa that will allow you to live with your unmarried partner in the United Kingdom, then you can do so by filling out a number of forms. Five different categories must be met before you can get this visa. You and your spouse or partner must have been living together outside the UK within two years of the application; You and your spouse or partner cannot be married (this is usually what disqualifies couples); You and your spouse or partner need to show evidence that they have enough money for their family life; You and your spouse or partner need to show proof that they have adequate accommodation; And finally, you and your spouse or partner need to show evidence that one has strong ties outside the UK.

Before you start

If you want to apply for a visa as an unmarried partner, you'll need to establish your relationship with your partner first. You can do this by showing how: you live together, contribute to each other's welfare, and intend to stay together indefinitely. To prove that you're living together, show how long you've lived at the same address and that both of your names are on the tenancy agreement or mortgage deed. To show that you're contributing to each other's welfare, list all sources of income from both of you. And finally, if possible, show how long your relationship has been going on and whether either of you has ever lived apart or had any children with someone else.

The application process

To apply for an unmarried partner visa, you must have a valid offer of indefinite leave to remain or citizenship from the Home Office. You must also prove that your relationship with your partner is both genuine and subsisting. In addition, if you have dependent children, they must be accepted as living with you and not with their other parent who lives overseas. This process is made more complicated because, in many cases, both partners will not reside together throughout this process.

Eligibility Requirements

To qualify for the Unmarried Partner visa, you must satisfy the following criteria:

• You and your sponsoring partner must be 18 or older.
• You and your partner must intend to live together permanently.
• You must show that any previous relationship you or your partner were involved in (whether as a married or an unmarried couple) has ended.
• You need to show that you have been living with your partner for at least two years in a relationship similar to marriage. You will need to provide documentary evidence confirming this.
• You and your partner must have sufficient funds to support yourselves (and any dependents) without claiming public funds.
• Your unmarried GBR or settled partner must be earning at least £18,600 per annum or savings to be able to sponsor you. The financial requirement will increase if they also support children as dependents.
• You must have suitable accommodation available for you, your partner, and any dependents.
• You must also satisfy the English language requirements

Length of Stay

The initial validity of the unmarried partner visa will be 33 months (if applied for from outside the UK) or 30 months (if applied for from within the UK). You must request a second extension for an extra 30 months to receive a five-year extension. You will be qualified to apply for indefinite leave to remain in the UK after five years on a probationary spouse visa if you are still living with your partner there and can continue to fulfill the abovementioned criteria.

Entry Verification

Before entering the UK, you must apply for entry clearance if you want to join based on your relationship with an "established person."

If you have permission to stay in the UK under a visa that was issued for a duration longer than six months, you may switch to an unmarried partner visa while you are there. Please be aware that if you are currently in the UK and were initially admitted for less than six months, such as as a guest or a temporary student, you cannot move into the Unmarried Partner visa category.

When can I apply?

If you are from outside of the European Economic Area (EEA) and your partner is a British citizen, settled person, or someone with indefinite leave to remain (ILR) and you want to live together as a family in the UK; you can apply for an 'Unmarried Partnership visa.' To be eligible to apply, one of you must be at least 18 years old and not married or in another civil partnership. You must also prove that you intend to live together permanently, such as through bank statements showing joint home ownership. You will need to provide evidence that your relationship is stable and committed, such as letters from friends or relatives who know both partners well, photos together over time, and records of visits between partners.

What are my chances?

There are many things to consider when applying for unmarried partner visas. For starters, only unmarried couples who are committed and have been living together in a genuine relationship are eligible to apply. In addition, there must be a financial dependency between the two partners. The sponsoring spouse must show that they earn more than £18,600 per year and also need to provide proof of accommodation in the UK (rent or mortgage payment).

The first step is usually gathering evidence of your relationship, which may include: emails, messages on social media sites such as Facebook or WhatsApp, text messages, video chats, etc. You will also need to provide evidence of joint finances such as bank statements, credit card bills, etc. All these documents should be submitted with your application form at the Home Office.

English language proficiency is required of partners

All partners, spouses, civil partners, involved parties, and potential civil partners must vouch for their proficiency in English. You will thus need to submit proof with your visa application to demonstrate that you passed an English language exam administered by an authorized test provider.

Please contact us if you have any questions about the English language requirements for UK immigration. If necessary, we can organize pertinent exams for most nations worldwide.

Dependants

Children and 18 who belong to you and your spouse are eligible to enter the UK as your dependents. Along with your application for a UK spouse visa, you need also submit one for your dependents. However, to qualify for sponsorship, you must provide proof of an exact amount of income. Depending on how many kids are being sponsored, this sum changes.

Documents you need to apply.

If wanting to bring your partner from overseas to the UK, you will need to apply for a UK visa as an unmarried partner. You should note that this process is separate from that of a spouse. The list of documents needed for your application will depend on whether or not you are married. If your application follows those procedures and records, suppose you are in a common law relationship with someone who is either a British citizen or has indefinite leave to remain (ILR) status. They have been living with you outside the UK for at least two years. In that case, your partner can be eligible for entry clearance as an unmarried partner if they meet certain conditions. They must also pass what’s called ‘the Joint Tenancy Test.’

You can only apply if both partners meet these requirements.

Fees & Payments

Since 2008, unmarried partners of UK citizens have been able to apply for this type of visa under certain circumstances. In order to apply, several requirements must be met, including

However, it is essential to note that there are other costs you may also have to pay.

Conclusion

The Unmarried Partner visa category is for long-term partners of British citizens, persons with indefinite leave to remain in the UK, or limited leave to remain under Appendix EU or Appendix ECAA. They wish to join or stay with their partner in the UK.  You can also apply if your partner is outside the UK but intends to return to the UK with you.

Official Related Links You Need

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US Immigration - https://bit.ly/US-IMMIGRATION

Whether you require expert advice on the requirements of the Immigration Rules, an independent assessment of your prospects of qualifying for a visa, or professional assistance with preparing an immigration application, our immigration barristers can help.

The financial requirement rules are particularly complex and include mandatory requirements regarding the documentary evidence that must be provided to UK Visas and Immigration to demonstrate access to the relevant funds. Our immigration barristers specialize in assisting applicants with complicated financial circumstances to secure successful outcomes in their Unmarried Partner visa applications.