Unmarried Partner Visa UK
The Unmarried Partner visa is for those that, under Appendix FM of the UK Immigration Rules, is a person who has been living with the applicant in a relationship similar to a marriage or civil partnership for a minimum of two years prior to the date of application; and intend to continue living together. The relationship must be genuine and subsisting, which means it must be strong. The Rules allow for a person who is not married nor in a civil partnership to join a partner who is settled in the UK, provided certain conditions are met.
Conditions include that you are in a genuine and subsisting relationship, you are able to take care of yourself financially in the Uk, you and your partner have adequate accommodation in the UK and you must meet the English language requirements. For such an application you need to demonstrate all the requirements with strong evidence in order for a strong application to be submitted.
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To be eligible for a UK Unmarried Partner Visa:
- you and your partner must be over the age of 18 years old
- you must have lived with your partner continuously for a period of two years
- you and your partner must intend to live together permanently in the UK
- your partner must be a British Citizen or settled in the UK (in certain circumstances);
- you must provide significant evidence to demonstrate that your relationship with your sponsor is genuine and subsisting
- any previous relationships you and your partner have had, whether it is as an unmarried couple or married couple, must be shown to have ended;
- you must have suitable accommodation for you, your partner and any dependent children;
- You must have adequate funds to support yourselves and any dependents without recourse to public funds
If you’re an EEA national who has been living with your partner in another Member State, you may be eligible to move together due to the ‘Surinder Singh’ case.
Yes – if you have any children under the age of 18 or were under 18 at the time of your application, they can enter the UK as your dependents so long as the application for the dependent was made at the same time you make your application ; and they do not live any independent life.
Yes, they have a full right of appeal.
Under the EEA Regulations 2006 Third country unmarried and same sex partners of EEA nationals have an out of country right of appeal under Regulation 27 (1) (c) against a decision to refuse a family permit.
Unmarried Partners of diplomats are not exempt from immigration control, nor do they benefit from privileges and immunities under the Vienna Convention on Diplomatic Relations 1961. However, a foreign national may apply for UK entry clearance as the Unmarried Partner of an accredited diplomat posted to or based in the UK for the duration of the partner’s posting.
There will be no need to satisfy the usual two year cohabitation condition applied to other unmarried partner applications. Such individuals will be allowed to take up employment in the UK, but unlike the unmarried partners of British citizens or persons legally settled in the UK, they will not qualify for settlement on the basis of their relationship.
In order to qualify for entry clearance under this concession the unmarried / same-sex partner of a diplomat will have to show that the relationship is recognised as strong in the sending country, the relationship is akin to marriage and the couple intend to live together in the UK during the duration of the posting. This visa will be a long-term non-settlement visa.
A further extension to the visa can be granted for an additional 30 months.
If your initial Unmarried Partner Visa was granted before 9 July 2012, you can apply for Indefinite Leave to Remain (ILR) as an Unmarried Partner 28 days before completing your two years residence in the UK. If your initial Unmarried Partner Visa was granted after 9 July 2012 you can apply 28 days before completing five years residence.
If your initial visa was granted after 9 July 2012 relying on paragraph EX1 you can apply 28 days before completing 10 years residence in the UK on an Unmarried partner visa.
When you have spent a total of five years in the UK on the Spouse Visa, you may then become eligible to apply for Indefinite Leave to Remain (ILR) in the UK.
However, you can only apply for this if you are still living with your partner (the sponsor) in the UK and meet all the maintenance requirements as before.