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A Guide to the Unmarried Partner Visa

The UK Unmarried Partner Visa allows couples in unmarried relationships to reunite with their British-based partner.

In this guide, our UK immigration lawyers outline the eligibility requirements for the Unmarried Partner Visa and how to go about successfully applying for a visa.

The guide covers:

Introduction to Unmarried Partner Visas

An Unmarried Partner Visa allows someone who is in a relationship that is akin to marriage with a person who is either a British citizen or a person with settled status to secure entry clearance to the UK on a time-limited visa.

To secure this type of Family Visa, an applicant must meet the general eligibility criteria for UK entry clearance and the visa-specific criteria.

The visa can be extended, and once the residence requirement is met, an Unmarried Partner Visa holder can apply for Indefinite Leave to Remain, and then they can apply for British citizenship.

Eligibility criteria for Unmarried Partner Visas

The UK Unmarried Partner Visa requirements are contained in Appendix FM of the immigration rules. The eight requirements are:

  1. You meet the general eligibility criteria for a UK visa.
  2. You and your sponsoring partner must both be 18 years old or older.
  3. Your sponsoring partner must be eligible to sponsor you.
  4. Your relationship must meet the unmarried relationship eligibility criteria.
  5. Your relationship must be genuine and subsisting.
  6. On a first Family Visa application, a sponsoring partner has to meet the financial requirement. On the subsequent renewal application and at the Indefinite Leave to Remain application stage, the applicant’s income can meet the financial requirement or contribute towards it.
  7. You must have suitable accommodation in the UK.
  8. You must meet the English language requirement.

All these criteria and the documents you need to produce to evidence that you meet them can seem daunting. A UK visa lawyer can guide you through each requirement and explain how you can demonstrate that you meet the criteria.

Who can sponsor an Unmarried Partner Visa application?

All Unmarried Partner Visa applicants need their partner to sponsor their visa application. A partner will only qualify as a sponsor if they live in the UK and they are either:

  1. A British citizen or Irish national. The sponsor can either have this citizenship through birth or application after entry on a visa, or
  2. Settled person. The definition of a settled person includes someone with Indefinite Leave to Remain status, permanent residence or settled status under the EU Settlement Scheme, or
  3. A refugee with refugee status or humanitarian protection in the UK, or
  4. The holder of a Turkish Businessperson Visa or Turkish Worker Visa.

An unmarried sponsor may need to secure settled status before they can act as a visa applicant’s sponsor. UK immigration lawyers can advise on sponsor requirements.

Relationship requirements for an Unmarried Partner Visa application

There are four relationship requirements you must meet to make a successful Unmarried Partner Visa application:

  1. You must be in a relationship that is akin to marriage.
  2. The living together relationship must have been ongoing for at least two years. You can have lived with one another in the UK or overseas.
  3. The relationship must be genuine and subsisting.
  4. You must intend to continue the relationship and to live with one another in the UK.

Proving that you have been living with your sponsoring partner in a relationship like marriage for at least two years will involve providing substantial documents, such as tenancy agreements and utility bills.

If you have been in a relationship for over two years but not cohabiting with one another, then you will not meet the relationship eligibility criteria. Visa lawyers can advise on alternative visa options, such as the Skilled Worker Visa or the Innovator Founder Visa.

Financial requirements for Unmarried Partner Visas

Applicants for an Unmarried Partner Visa must meet a financial requirement unless they are exempt from doing so. On the first application for a UK Family Visa, the applicant’s sponsor must show they meet the financial requirement, because the applicant’s income will not usually be considered. In an extension and settlement application, the financial requirement can be met through a combination of the applicant's and sponsor’s income or from one source.

The current minimum financial requirement is set at £29,000 gross income per year. However, there are complex immigration rules and Home Office guidance on:

  1. When more than one source of income can be combined to meet the £29,000 financial requirement.
  2. The rules on whether cash savings can be used instead of or to reduce the £29,000 salary threshold.
  3. The transitional rules for applicants who applied for a first Unmarried Partner Visa before the financial requirement increased to £29,000.
  4. The evidence required to prove the source of income or cash savings in situations, such as where the sponsor is a company director, freelance worker or wants to meet the financial requirement through a combination of pension, property rental, investment income and employed salary.

UK immigration solicitors can help applicants and sponsors identify the best source of income and explain how to meet the evidence requirements.

In addition to meeting the financial requirement, an applicant also needs to show that they can afford to live in the UK without reliance on access to public funds and that they have suitable accommodation.

Exceptions to the financial requirement

A visa applicant may be exempt from meeting the £29,000 income requirement if:

  1. Their sponsor receives state benefits. The benefit must be one of the benefits on a prescribed Home Office list.
  2. There are exceptional circumstances, and to refuse the application without considering other sources of income would be unjustifiably harsh.
  3. The visa applicant or their sponsor has access to cash savings, and evidence of these savings can be used to meet or partially meet the financial requirement.

The rules on cash savings state that:

  1. If a visa applicant or their sponsoring partner has access to cash savings over £88,500, and the savings qualify under the immigration rules and can be evidenced, the applicant does not need to meet the income financial requirement, and
  2. If the cash savings amount to over £16,000 but under £88,500, a combination of evidence of savings and income can be relied on to meet the financial requirement.

The rules on the accessibility of the cash savings and evidence of the source of funds are complex. A UK visa lawyer can help an applicant work out if they meet the financial requirement through cash savings and through their sponsor’s income of less than £29,000 gross per year.

The English language requirement for an Unmarried Partner Visa

Meeting the English language requirement is an essential part of the Family Visa eligibility criteria. An applicant can prove that they meet this requirement in one of three ways:

  1. They are a national of a majority English-speaking country. The country must feature on the Home Office list of majority English speakers, or
  2. They have passed an English language test (the Common European Framework of Reference for Languages (CEFR) English test), or
  3. They have a qualification from an educational establishment on a Home Office prescribed list.

The countries included in the Home Office list of approved mainly English language countries are Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago, and the USA.

An applicant is exempt from sitting the English language test and from meeting the English language requirement if they are:

  1. Age over 65 years, or
  2. Have a physical disability or mental health condition that prevents them from sitting the test.

General requirements for an Unmarried Partner Visa

All visa applicants must meet the basic general requirements for UK entry clearance as well as the visa-specific criteria. The general criteria for refusal include:

  1. Entry is not conducive to the public good.
  2. Previous immigration history.
  3. Previous convictions.

Minor issues in an applicant’s past should not prevent an applicant from successfully securing their Unmarried Partner Visa. Visa solicitors are experienced in talking through an applicant’s concerns that they may not meet the general criteria and advising on how best to present an application to the Home Office.

How to make an Unmarried Partner Visa application

Applications for Unmarried Partner Visas can be made from within the UK or from overseas. The five-stage process is:

  1. Pass the English language test if the applicant is required to sit the test before being able to make an application.
  2. Apply online.
  3. Pay the Home Office application fee and the immigration health surcharge.
  4. Upload supporting documents.
  5. Attend a biometric appointment for fingerprints and photographs to be taken.

After these steps, it is a case of waiting for a Home Office official to determine the application. A decision will be made more quickly if an applicant has provided all the relevant material and an explanation for any unusual circumstances, such as the source of capital funds or an earlier unsuccessful UK visa application.

Documents required for an Unmarried Partner Visa application

The documents required for an Unmarried Partner Visa application depend on personal and financial circumstances and those of the sponsoring partner. UK immigration lawyers recommend careful analysis of the immigration rules and the requirements, rather than taking a blanket approach to the submission of paperwork. The success of an application will come down to attention to detail and compliance with the rules.

An Unmarried Partner Visa applicant will generally need to provide:

  1. The completed online application form, Home Office application fee and immigration health surcharge payment.
  2. Valid passport and any previous passports.
  3. Biometric information, namely fingerprints and photographs.
  4. National insurance number (if the applicant has been issued with a NI number).
  5. English language test or evidence of an exception from sitting the English language test.
  6. Evidence that the unmarried relationship is akin to marriage and that the applicant and sponsoring partner have lived together for two years or more.
  7. Evidence that the relationship is genuine and subsisting.
  8. Evidence that the financial requirement is met and that the applicant has suitable accommodation.
  9. Details of any previous convictions and a certificate if required.
  10. TB test certificate if the applicant is from a country where the Home Office requires a TB certificate.

Evidence of an unmarried relationship

Applicants and their sponsoring partners can struggle to work out how much paperwork they need to produce to evidence to the Home Office’s satisfaction that they have been in an enduring relationship for at least two years and have been living together.

Unmarried Partner Visa solicitors are adept at advising on the best evidence of an unmarried relationship. For example, statements from family and friends may be compelling to the applicant but usually carry limited evidential weight. However, a joint tenancy agreement, utility bills or joint bank statements may all independently verify that an applicant has lived with their sponsor for more than two years.

The precise documents an applicant should present with their Unmarried Partner Visa application will depend on their circumstances. In some situations, photographs taken over the course of the relationship, combined with evidence of social messaging, can be helpful, along with other relevant material. A Family Visa lawyer can assist in identifying the compelling evidence, such as a partner being nominated as the beneficiary of an employment-related life insurance or pension.

Immigration solicitors emphasise that it's best to spend time curating quality evidence rather than sending voluminous material and expecting a Home Office official to work out which documents are the key to proving the length and genuineness of the relationship.

Common reasons for Unmarried Partner Visa refusals

When they are asked to review a decision to refuse and to advise on the next steps, UK immigration lawyers identify five common reasons for Unmarried Partner Visa refusals:

  1. Not submitting the evidence needed to prove to the Home Office standard that the unmarried relationship meets the eligibility criteria for an Unmarried Partner Visa.
  2. Not providing sufficient evidence that the financial requirement is met.
  3. Not paying the correct application fee.
  4. Not explaining how the suitable accommodation requirement is met.
  5. Not identifying any potential problem areas, such as prior visa refusal, immigration record, or other matters and explaining why discretion should be exercised and the visa application granted.

An immigration lawyer can assess the reasons for an earlier visa refusal and recommend the best way forward to secure a visa.

How to appeal or reapply for an Unmarried Partner Visa

If an applicant is in the unfortunate position of having had a first or second Family Visa application refused, a specialist visa lawyer can review the reasons for the Home Office refusal and recommend:

  1. A further visa application.
  2. An application for an administrative review.
  3. An appeal to an immigration tribunal.
  4. A judicial review application.
  5. An application for a different type of visa.

A visa lawyer will carefully consider the reasons for the refusal before advising on the best route to take. In most cases, the quickest and most cost-effective option is to reapply for the Unmarried Partner Visa. This approach is only worthwhile if the visa solicitor addresses the reasons for the earlier visa refusal when making the further application, and ensures that all the eligibility criteria and evidential requirements are met.

In situations where a Home Office official has made an error or oversight when processing the first visa application, the best option is likely to be an administrative review application. This involves a second caseworker checking the original application and granting it if the Home Office accepts that a mistake was made.  This solution is not appropriate in situations where an applicant wants to introduce additional documents or to argue that the Home Office official should have exercised discretion in their favour or did not follow the Home Office caseworker guidance when deciding their application.

The key point after the disappointment of a visa refusal letter is to take the most pragmatic approach to secure a visa as quickly as possible, even if it is thought that the applicant has reasonable grounds to apply for a judicial review.

Settlement in the UK on an Unmarried Partner Visa

An Unmarried Partner Visa application is the first step on the path to settling in the UK. The four-stage process involves:

  1. The initial application.
  2. Unmarried Partner Visa extension application.
  3. Indefinite Leave to Remain application as an unmarried partner.
  4. British citizenship application.

A visa extension application is required because there is currently a five-year residence requirement before a visa holder can make an Indefinite Leave to Remain application. The initial Family Visa lasts for 30 months if the application was made from within the UK and for 33 months if made from overseas. A settlement lawyer can advise on whether an applicant meets the criteria for ILR status and the benefits of applying for British citizenship.

FAQs on Unmarried Partner Visas

Can I work in the UK while on an Unmarried Partner Visa?

You can work while living in the UK on a Family Visa. You do not need sponsorship from an employer with a sponsor licence, and you are not restricted to specific types of work. When you apply for your Unmarried Partner Visa to be extended, your income can be considered when assessing if you meet the financial requirement.

Can I qualify for an Unmarried Partner Visa if I have not lived with my partner?

The immigration rules say that your relationship must be like that of a married couple and that you must have lived together for at least two years. If you have not lived together for two years, you may qualify for a different type of visa, such as a Skilled Worker Visa.

Do I have to marry my sponsor to qualify for UK settlement?

You can remain in an unmarried relationship with your UK sponsor and qualify for Indefinite Leave to Remain status, provided you meet the settlement criteria and your relationship remains genuine and subsisting. An immigration solicitor can help you apply for UK settlement.

How long does a UK Unmarried Partner Visa take to obtain?

The UK Unmarried Partner Visa processing time is around three to six months, but an immigration solicitor can give you a more accurate time estimate when they know more about the circumstances surrounding your application.

Can I switch to an Unmarried Partner Visa?

You can apply to switch to an Unmarried Partner Visa from some types of UK visas, but not from others. For example, if you are in the UK on a standard Visitor Visa, you cannot apply to switch, but you could apply for an Unmarried Partner Visa from overseas.

Can I bring my dependants to the UK on an Unmarried Partner Visa?

You can bring dependants with you if you secure an Unmarried Partner Visa, provided the dependants meet the criteria for a Dependant Visa. They will also be able to settle in the UK, provided they meet the settlement criteria.

Do I have to leave the UK if my partner ends the relationship?

If you or your partner decides to end the relationship, then you must let the Home Office know. As your Family Visa is conditional on your relationship being ongoing, a visa lawyer can advise on the alternatives. You should not overstay if the Home Office curtail your visa, as this will affect your immigration record and the prospects of your securing another UK visa.

Do I need a visa lawyer to apply for an Unmarried Partner Visa?

There is no requirement to consult an immigration lawyer to help you apply for your UK visa. However, it helps to do so as a specialist solicitor can identify if you meet all the visa requirements and advise on all the documents required to prove you meet all the eligibility criteria and Home Office guidance on aspects such as the length and genuineness of your relationship or the financial requirement.

Tips on making an Unmarried Partner Visa application

UK Immigration lawyers offer these three tips on how to make a successful application:

  1. Talk to an Unmarried Partner Visa lawyer, as the immigration rules and Home Office guidance are complicated. They will guide you through the application process and identify the paperwork you need to produce to avoid any issues.
  2. Take time to prepare the evidence to show you meet the visa requirements as some of the evidence requirements can be hard to demonstrate. For example, proving you meet the financial requirement if your sponsoring partner is self-employed or if, over the past 12 months, you have not been able to live with your partner.
  3. Make sure you know how to take the next step in your immigration journey. That may be your visa extension application or an application for Indefinite Leave to Remain. A visa lawyer can explain the next set of criteria you must meet to successfully secure your next visa, Indefinite Leave to Remain or British citizenship status.

About OTS Solicitors

OTS Solicitors are known for their immigration law expertise and for helping reunite families in the UK through securing Family Visas, regardless of how difficult your circumstances or prior immigration record.

Our expertise in immigration law means we are ranked in the two leading law directories, Legal 500 and Chambers Guide to the Legal Profession. Our solicitors are:

  1. Accredited by the Law Society for immigration work.
  2. Based in central London but available to take instructions if you are living overseas or based in the UK.
  3. Friendly and proactive, as they understand that it can be daunting to speak to an immigration lawyer and that you want to reunite with your partner as quickly as possible if you are not already living together in the UK.

For more information on the service you can expect with OTS Solicitors, check out the excellent reviews on Google and Trustpilot.

Contact our UK immigration lawyers for expert Unmarried Partner Visa advice.

Your Questions and our answers about Unmarried Partner Visa

Thank you for your enquiry. If you are a UK citizen and wish to bring your American girlfriend to live with you, there may be various alternative options available if you do not meet the income requirements for a spouse visa. The categories vary and certain income can be combined. We may need to explore alternative routes if the requirement cannot yet be met.  For more information, please contact us on 02039599123 or click here 

Thank you for your enquiry. If the admin review does not result in a favorable outcome, we can advise on potential legal avenues, such as appeals or judicial review. Given the complexities of immigration law, it is essential to have professional legal representation to navigate through these challenges successfully. It is also important at this stage to be able to substantiate and prove the elements referenced above. For more information, please contact us on 02039599123 or click here 

In the context of a Skilled Worker Visa application, a conditional caution may raise concerns during the assessment process. An experienced lawyer can review the details of your case, assess the implications, and provide strategic advice. They may guide you on presenting a strong case, addressing the caution appropriately, and ensuring that your application complies with Home Office requirements. Time is of the essence, so we recommend consulting with a legal professional promptly to proactively address potential challenges and increase the likelihood of a successful visa application. For more information, please contact us on 02039599123 or click here 

Timely submission of your Self Assessment to HMRC is crucial, as it demonstrates compliance with tax obligations. While late submission itself may not directly impact your ILR application, it’s essential to note that immigration rules and requirements can change. Delays or non-compliance with tax regulations could potentially affect your overall immigration status. To ensure a smooth application process and compliance with all relevant regulations, we recommend seeking advice from an immigration solicitor who can provide personalised guidance based on the latest legal developments and your specific circumstances. We would advise that you communicate with our immigration solicitors to assess your options and guide you through the process based on your specific circumstances.For more information, please contact us on 02039599123 or click here 

We recommend seeking professional legal advice to fully understand your situation. Generally, if your visa was cancelled, and you left the UK as instructed, it’s important to follow proper procedures for re-entry and this may be applying for a separate entry under an alternative visa category. Depending on the circumstances, you may need to apply for a new visa. Clearing the police case is a positive step, but immigration matters can be complex and any previous immigration history will need to be addressed. We would advise that you communicate with our immigration solicitors to assess your options and guide you through the process based on your specific circumstances.For more information, please contact us on 02039599123 or click here 

Given your current situation where your university has withdrawn you from your Tier 4 course, and you’re awaiting the outcome, you may wish to contact the Home Office or UK Visas and Immigration (UKVI) to inquire about the status of your visa. Your university are not immigration advisors and as such may not have the correct information. Typically, if an appeal is ongoing, the applicant will have 3C leave enabling you to remain in the country until the outcome of the decision. You may wish to seek guidance from an immigration solicitor who can provide personalised advice based on your circumstances and assist in exploring options for visa extensions or alternative categories. For more information, please contact us on 02039599123 or click here 

When applying for a Skilled Worker visa in the UK with a caution, it’s crucial to be transparent and provide additional documentation to address the issue. Alongside standard visa application documents, you may wish to include a detailed personal statement explaining the circumstances of the caution and demonstrating rehabilitation efforts. Attach character references from reputable individuals, certificates or evidence of rehabilitation steps taken. Consulting with an immigration solicitor is highly recommended to ensure that you meet the specific requirements of your visa category and present a comprehensive case that highlights your suitability for the visa despite the caution record. For more information, please contact us on 02039599123 or click here 

If your application for leave to remain under the EU Settlement Scheme was refused due to insufficient evidence of your marriage to an EEA citizen, you have two main options: you can either opt for an administrative review, where the decision will be re-evaluated without submitting new evidence, or you can appeal the decision by submitting a notice of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). Carefully review the refusal notice to understand the specific reasons for rejection and act within the specified timeframe for your chosen option. Seeking guidance from an immigration solicitor is advisable, as they can provide tailored advice, help address any deficiencies in your application, and ensure you have the necessary documentation to support your case during the review or appeal process. For more information, please contact us on 02039599123 or click here 

While your drink driving conviction may be considered under the good character requirements for naturalisation, it is not an automatic disqualifier. The UK Home Office assesses applications on an individual basis, taking into account factors such as the nature of the offence, the penalty imposed, and your conduct since then. It is crucial to provide comprehensive details in your application, including any rehabilitation efforts. Consulting with an immigration solicitor is advisable for tailored advice to enhance your chances of a successful naturalisation application. For more information, please contact us on 02039599123 or click here 

Thank you for your question. exceeding the allowed absences from the UK can pose challenges in the application for British citizenship. However, each case is unique, and there might be circumstances such as work-related travel or COVID-19-related restrictions impacting your travel as you have mentioned, that could be considered when assessing your application. It’s essential to provide a detailed explanation for the excess absences, highlighting any exceptional circumstances like work commitments or pandemic-related travel restrictions that led to your prolonged time outside the UK. The Home Office has discretionary powers in such cases, and they may consider individual circumstances when deciding on citizenship applications. For more information, please contact us on 02039599123 or click here 

As an individual with Settled Status in the UK, you may be eligible to sponsor your mother’s visa application, allowing her to join you in the UK. The specific visa she might apply for depends on various factors, such as her age, financial dependency, and your own immigration status. We encourage you to reach out to discuss your specific situation, assess eligibility, understand the visa options available, and provide details regarding associated costs for the visa application process. For more information, please contact us on 02039599123 or click here 

If you’ve entered the UK on a dependent visa, the cancellation or withdrawal of a dependent visa isn’t a decision solely within the rights of the sponsor without valid grounds. While your spouse, as the sponsor, might have some influence over the visa status, demanding money or threatening to cancel your visa without justifiable reasons isn’t within their rights. The decision ultimately lies with the Home Office, and they may consider various factors when reviewing your application, including the reasons for your absences and your ties to the UK. For more information, please contact us on 02039599123 or click here 

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