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Free Partner Visa Application Consultation

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UK Unmarried Partner Visa

The Unmarried Partner visa which is also known as the UK defacto visa, allows the unmarried partner to enter or remain in the UK on the basis that they are in a relationship with a person who is present and ‘settled in the UK’. ‘Settled in the UK’ means that you are ordinarily resident in the UK with no immigration restrictions on the length of your stay.

The Unmarried Partner visa applies to both heterosexual and same sex relationships subject to that you can prove that your relationship is subsisting and has been in existence for two or more years. If your application for an unmarried partner visa is successful you will be eligible to work in the UK as soon as the visa is granted.

UK Family Visa Immigration Help & Advice

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If you and your spouse or partner have children who are under 18 years of age they are allowed to enter the UK as your dependants. You should make an application for your dependants at the same time that you make your UK partner visa application. However, you must demonstrate income of a particular amount in order to enable sponsorship. This amount varies depending on the number of children being sponsored.

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

  • You and your sponsoring partner must both be 18 years of age or over.
  • You and your partner must intend to live together on a permanent basis.
  • You must show that any previous relationship that you or your partner were involved in (whether it be 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 dependants) 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. If also sponsoring children as dependents then the financial requirement will increase.
  • You must have suitable accommodation available for you, your partner and any dependants.
  • You must also satisfy the English language requirements

The unmarried partner visa will be initially issued for a period of 33 months (if applying from overseas) or 30 months if applying from within the UK. A further extension must be sought for an additional 30 months to take you to five years. Once you have spent a period of five years on a spouse probationary visa, you will be eligible to apply for Indefinite Leave to Remain in the UK provided that you are still living with your partner in the UK and can continue to meet the maintenance requirement as mentioned above.

If you are seeking to enter the UK on the basis of your relationship with a ‘settled person’ you must apply for entry clearance before you enter the UK.

It is possible to switch to an Unmarried Partner visa while you are in the UK provided that you have leave to remain here on a visa that was granted for a period exceeding 6 months. Please note that you cannot switch into the Unmarried Partner visa category if you are already in the UK and were initially admitted to the UK for a period of less than six months – for example, as a visitor or a short-term student.

All partners, spouses, civil partners, fiancés and prospective civil partners are required prove that they can speak and understand English. Therefore you will need to provide evidence with your visa application to show that you have passed an English language test with an approved test provider.

If necessary Royce Legal can arrange relevant tests for most countries around the world – please contact us for more information regarding the English language requirements for UK immigration.

In the unlikely event your UK Partner Visa application is refused, it is normal for you to be issued with a right to appeal the decision if you feel the application refusal is unfair. If you have used Royce Legal for our full support from the start of your eligibility assessment and application process it is highly unlikely you will be refused at the last point of this process.

Royce Legal are happy to help people who have had UK Partner Visa refusal notices where you have sought support through the application process elsewhere.

We would point out that if you are already in the UK when a refusal of such an application occurs then it is crucial that you act quickly and without hesitation. You must either contest the refusal or apply for another UK immigration Visa at once.  Overstretching the permitted duration of stay you have been granted, can be hugely detrimental to your long-term settlement plans.

You may also need to pay a healthcare surcharge called the ‘immigration health surcharge’ as part of your immigration application.
If you and your spouse or partner have children who are under 18 years of age they are allowed to enter the UK as your dependants. You should make an application for your dependants at the same time that you make your UK partner visa application. However, you must demonstrate income of a particular amount in order to enable sponsorship. This amount varies depending on the number of children being sponsored.

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We are specialist immigration solicitors based in Nottingham and Rochdale, Greater Manchester who offer experrt advice and help in all matters relating to UK Immigration Law.

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