Five Fast Facts About The UK Unmarried Partner Visa

Marriage is not for everyone. Or maybe it is something you want to do….just not right now. You are not alone, according to the latest statistics, around 1 in 8 people in the UK are ‘living in sin’ (as our grandparents used to call it).

If you want to come to the UK and live with your partner you will need to apply for a UK Unmarried Partner Visa (otherwise known as a UK DeFacto Visa). To ensure your application has the best chance of success, it is advisable to instruct an experienced Immigration solicitor to advise you.

Here are five fast facts relating to the UK Unmarried Partner Visa:

1. The ‘sponsoring partner’ must be ‘settled’ in the UK

Your partner must be settled in the UK to be able to sponsor your visa application. This means he or she must either be a British Citizen or have Indefinite Leave to Remain in the country.

2. You need to prove that you have been living with your partner for two years or more

To qualify for a UK Unmarried Partner Visa, you will have to prove to UK Visa and Immigration officials that you and your partner have lived together for more than two years in a relationship similar to marriage. If one or both of you have been married before, officials will also ask for evidence that this relationship has ended.

An experienced Immigration lawyer can help you select the best ones for submission.

Examples include:

• mortgage documents or tenancy agreements in both your names
• utility bills
• letters from family and friends that support your relationship
• documents showing you are divorced (if applicable)
• photos of the two of you together along with dates

3. Your settled partner must meet the financial requirements in order to sponsor you

To successfully sponsor your UK Unmarried Partner Visa, your partner must be earning a minimum of £18,600 per year. Applicants who have cash savings can make up for a shortfall in earnings if the cash savings are at least £16,000 plus 2.5 times the shortfall. For example, someone with an income of £17,600 would require £18,500 in savings (=£16,000 + £2,500). People without income can qualify if they have cash savings of at least £62,500.

If children require sponsorship, you will need to show evidence of an additional £3,800 for the first child and a further £2,400 for each additional child.

The financial requirements can be complex; therefore, it is advisable to instruct the best Immigration lawyer available to ensure you receive up-to-date advice on meeting the threshold.

4. You must have acceptable accommodation

UK Visa and Immigration officials will want to see evidence that you and your partner have suitable accommodation. For example, if your sponsoring partner currently lives in a flat, Immigration officials will need to see your tenancy agreement and a letter from your landlord confirming that your unmarried partner who is applying for a visa can live with you.

If you live in a shared house, UK Visa and Immigration may request a property inspection be undertaken to prove the house or room you have is big enough for both of you.

5. Your knowledge of English must be good

To successfully apply for a UK Unmarried Partner Visa, you must meet the English language requirement. To prove your knowledge of the English language when you apply for a UK Unmarried Partner Visa you must either:

• pass an approved English language test with at least CEFR level A1 in speaking and listening; or
• have an academic qualification that was taught in English and is recognised by UK NARIC as being equivalent to a UK bachelor’s degree

In Summary

Applications for an Unmarried Partner Visa require a great deal of supporting documentation. It is also imperative that when an application is made, it is submitted in such a way that if it is refused, an appeal can be launched on Human Rights grounds.

An experienced Immigration solicitor will ensure that a strategic application is submitted that provides an opportunity to appeal should your application for a UK Unmarried Partner Visa be denied. They will also help you to collate all of the necessary documentation and answer any questions from Immigration officials stemming from your application.

Once your application for a UK Unmarried Partner Visa is approved, you will be free to enter the UK and start your new life with your loved one.

OTS Solicitors is one of the most respected immigration law firms in London. Our family law immigration team comprises of Smit Kumar, Hans Sok Appadu and Maryem Ahmed, all of whom would be happy to talk to you about applying for a UK Unmarried Partner Visa.

By making an appointment with one of our Immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today.

If you wish to discuss any of the points raised in this blog, please phone our London office on 0203 959 9123.