UK Unmarried Partner Visa: how to succeed

By Dr Lusine Navasardyan

Dr Lusine Navasardyan is Director and Head of Corporate and Business Immigration at RVS Solicitors. Dr Lusine studied at Yerevan State University and the Bucharest University of Economic Studies. She is also a published author and a member of the Bucharest Bar. As a Director of RVS Solicitors, she is instrumental to the operation of the law firm, and as Head of Corporate and Business Immigration, she helps our clients to forge new futures in the UK.

Unmarried partner visa allows partners to join their loved ones in the UK without the need for formal marriage or civil partnership. In this blog, we’ll explore the requirements, application process, and key considerations for obtaining a UK Unmarried Partner Visa.

What is the UK Unmarried Partner Visa?

The UK Unmarried Partner Visa is designed for individuals who are in a genuine, long-term relationship with a British citizen, someone with settled status (such as Indefinite Leave to Remain), or a person with refugee status in the UK or an EU national with settled or pre-settled status. This visa allows the partner to live and work in the UK for up to 2.5 years, with the option to extend and eventually apply for Indefinite Leave to Remain (ILR).

Eligibility Criteria

To qualify for an Unmarried Partner Visa, both you and your partner must meet specific criteria, which is mostly very similar to spouse visa requirements:

Relationship Requirements:

One of the obvious points to concentrate upon is your relationship. Unlike the case of marriage, there is no readily available document to prove your relationship, therefore, you will need to put more effort in proving your relationship. The home office will expect that you demonstrate the relationship is Genuine, subsisting and durable.

Genuine Relationship: You must demonstrate that your relationship is genuine A genuine relationship in the context of immigration, particularly for visas such as the UK Unmarried Partner Visa, refers to a relationship that is real, authentic, and based on mutual commitment, trust, and emotional connection. It is not a relationship of convenience or one created solely to gain immigration benefits. In some cases,should the immigration authorities suspect the relationship is of convenience, you might be asked to attend an interview. 

Subsisting relationship: This refers to a relationship that is ongoing, genuine, and continuing at the time of a visa application. In the context of immigration, particularly for visas like the UK Unmarried Partner Visa, demonstrating that you are in a subsisting relationship is crucial.

Durable: In the context of a UK visa application, durable relationship is one where the couple can credibly demonstrate their intention to continue being in a relationship. There is no minimum requirement as to how long the couple  should have been together, but a rough mark of it is more than two years. 

What are the elements the Home Office will look to assess the relationship? 

• Mutual Commitment: Both partners are committed to the relationship in a way similar to that of a married couple. This includes emotional support, shared life goals, and plans for the future.
• Exclusive Relationship: The relationship is monogamous, with both partners being exclusively involved with each other, without any concurrent romantic relationships. Therefore, in cases where there were previous relationships, marriages etc you will need to demonstrate that these have ended.
• Long-Term Intent: The couple intends to continue their relationship indefinitely, not just for a temporary period. This means, there is an intention to live together and share a life as a couple. Future intentions are not easy to demonstrate and in most cases the past behavior is the best way to demonstrate future intentions. However,  if there are  plans in the near future like marriage, buying a house, building a business together, owning a pet or having children, these can help demonstrate the long-term intent.
• Emotional and Social Connection: The relationship is built on a strong emotional bond, with both partners actively participating in each other’s lives. Therefore, it is important to demonstrate that the couple is recognized as a couple by family, friends, and the wider community.

Evidence to Demonstrate a Genuine Relationship

To prove that your relationship is genuine when applying for a visa, you may need to provide various types of evidence:

• Proof of Cohabitation: This is perhaps the most obvious way to prove a relationship. Previously,it was even a requirement that the couples should have lived together for at least two years, before being able to make an application for an unmarried partner visa. The requirement has now been discontinued, but for those who have cohabited,this is a very easy and good way to demonstrate their relationship. Documents that show you live together, such as rental agreements, shared utility bills, or official correspondence addressed to both partners at the same address can be used.
• Joint Financial Commitments: Shared bank accounts, joint mortgage or rental agreements, and shared utility bills can show that you are financially interdependent. Other, less obvious aspects can also serve as proof. For instance in the past we have used joint medical insurance for a pet, joint payments towards fertility conservation and other such elements as proof of joint financial commitment.
• Communication Records: Emails, letters, text messages, phone call logs, or social media interactions that demonstrate regular and ongoing communication can be very helpful. A couple in a committed relationship is expected to be in regular communication and about most mundane things. When asking communication logs from our clients,we often hear from them ‘but we are not the romantic type, we don’t send each other texts proclaiming our love’. The answer is always the same, there is no need for that. That is not what the immigration authorities are looking for either. A text asking a partner to pick up grocery or medicine on the way home says more about a relationship than lengthy letters professing feelings.
• Photographs: Other evidence that should not be neglected is photos of you together, especially over a period of time, in various settings (e.g., with family and friends, on trips, or at significant events).
• Evidence of travel: Evidence of trips taken together, including travel itineraries, flight bookings, and hotel reservations and soon are also a  good way of demonstrating a relationship.
• Statements from Friends and Family: As previously mentioned, being seen by your immediate circle of  friends and family as a couple can play an important role. Therefore, supplying letters from people who know you both and can attest to the nature of your relationship can be a good way of proving your relationship and your future intentions.
• Future Plans: Evidence of plans for the future, such as marriage, starting a family, or buying a home together can be very helpful in proving your relationship.

Financial Requirements:

The sponsoring partner (the one who is settled in the UK) must meet the minimum income threshold. As of the current guidelines, this is £29,000 per year. This amount is the same whether there are dependent children or not.

You can meet the income requirement through employment, self-employment or other permissible earnings, such as rental income, investments etc. If you cannot be met through earnings alone, savings or a combination of income and savings may be used.
English Language Requirement:

English Language Requirement:

The applicant must prove their ability to communicate in English. This can be done by passing an approved English language test at CEFR level A1 or higher, or by holding a degree taught in English. The requirement for a subsequent extension of leave to remain as partner is at CEFR level A2.

Accommodation:

You must demonstrate that there is adequate accommodation available for you and your partner in the UK, and that it meets the necessary standards. This in general means that there are enough rooms in the house so that no child over 10 or an adult shares the room with someone of opposite sex if they are not a couple. 

Application Process

The application process for a UK Unmarried Partner Visa involves several steps:

Gather Documentation: Collect all required documents to prove your eligibility. This includes evidence of your relationship, financial documents, proof of accommodation, and any other supporting materials. If working with a lawyer, which is recommended for these types of applications, your legal representative should ensure that the evidence is sufficient and in right formate, before proceeding to the next step. 

Complete the online application: You’ll need to fill out the visa application form online. Make sure all information is accurate and matches your supporting documents.

Submit the application and pay the ee: You will  need to submit the application form online. If you are working with an immigration advisor,you should not do so before your adviser instructs you to submit it. As part of the submission process, you will need to pay the application fee and the Immigration Health Surcharge. The cost of the Unmarried Partner Visa application is currently £1,838 if applying from outside the UK. You will also need to pay the Immigration Health Surcharge (IHS), which grants you access to the National Health Service (NHS) in the UK. This normally amounts to around £2500.

Submit Biometrics: You’ll be required to provide biometric information (fingerprints and a photo) at a visa application center.

Attend an Interview: In some cases, you may be asked to attend an interview to further verify your relationship and circumstances.

Wait for a Decision: Processing times can vary, but decisions are currently made within 24 weeks if applying from outside the UK. You also have the option to apply for priority service, with a payment of a fee. This will give you a decision within 30 days.

What Happens After the Visa is Granted?

Once granted, the Unmarried Partner Visa allows you to live and work in the UK for 33 months. During this time, you can:

• Work and Study: You are free to work and study without any restrictions.
• Access to Healthcare: You will have access to the NHS, thanks to the IHS you paid during the application process.
• Extend Your Visa: Before your initial visa expires, you can apply for an extension for another 30 months, provided you still meet the requirements.
• Apply for Indefinite Leave to Remain (ILR): After living in the UK for 5 years on an Unmarried Partner Visa, you may be eligible to apply for ILR, which is the first step toward British citizenship.

Common Challenges and Tips for Success

• Proving Cohabitation: One of the most challenging aspects of this visa is proving your relationship. Unless you’ve lived together for at least two years and have easily verifiable documentation, it is highly recommended that you speak to an immigration specialist. 
• Financial Requirements: Meeting the financial requirement can be difficult, especially if you’re self-employed or relying on savings. Ensure you fully understand the income thresholds and how to prove your earnings. Here too having an immigration specialist to guide you is advisable. 
• English Language Test: Prepare for the English language test well in advance, and ensure you book a test with an approved provider.
• Other: Be sure to know whether you are required to test for TB prior to making an application to come to the UK.There is a requirement to provide this medical test for residents of certain countries.

Conclusion

The UK Unmarried Partner Visa is an excellent pathway for couples who wish to live together in the UK without the need for marriage. While the application process can be complex, careful preparation and attention to detail can significantly increase your chances of success. At RVS solicitors we have a highly experienced team who can guide you during this process and ensure the desired outcome. Application fees for UK immigration are quite costly, so working with immigration advisers to ensure the successful outcome is the right decision.

If you’re considering applying for this visa, it’s advisable to seek professional advice or consult with our UK immigration specialist to ensure all aspects of your application are covered.