The Unmarried Partner visa (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 provided that you can show that your relationship is genuine, durable, 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.
Eligibility Requirements
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 must show that you have been in a genuine and durable relationship, similar to marriage, for at least two years. You will need to provide documentary evidence of your relationship. If you have not lived together, you will need to explain why and provide strong evidence of your relationship.
- 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 £29,000 per annum or savings to be able to sponsor you.
- You must have suitable accommodation available for you, your partner and any dependants.
- You must also satisfy the English language requirements
Duration of Stay
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 an Unmarried Partner 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.
Additional information
Entry Clearance
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.
English language requirements for partners
As an unmarried partner visa applicant, you must show that you can speak and understand English. For your first application, you need to reach CEFR level A1. This is a basic level, and the test only checks your speaking and listening.
You do not need to take a test if any of these apply to you:
- you are a national of a majority English-speaking country
- you have a degree that was taught in English (if your degree is from outside the UK, it must be confirmed by Ecctis)
- you are aged 65 or over
- you have a physical or mental condition that prevents you from meeting the requirement (you will need medical evidence, and the Home Office decides each case)
If none of these apply, you will need to pass an approved Secure English Language Test (SELT). Only SELT results are accepted, so check that your test centre is approved before you book.
If you are applying from overseas, we can help arrange an approved test in your home country.
Contact us to find out more about the English language requirements.
Dependants
If you and your 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 unmarried partner visa application. You do not need to show extra income for dependent children. The £29,000 requirement is the same whether or not you bring children.