We can secure your Unmarried Partner visa

The UK unmarried partner visa is for those couples in a serious relationship, who have been living together for the last 2-years or more.

In practice, this route is often available to those couples who live together in the UK, where the foreign partner is on a different visa, which permits them to switch into the unmarried partner route from within the UK.

It is also open to those couples who live together outside the UK, but who are now returning to the UK together, to live permanently.

The only difference between the unmarried partner visa, and the spouse visa, is that the unmarried partner visa requires you to evidence you have been living together for last 2-years, whereas, the spouse visa does not require any cohabitation evidence, necessarily.

You can find a more detailed explanation of the differences and considerations when choosing between the spouse, fiancé, unmarried partner, and marriage-visit visas, here:  UK partner visa routes - What's the difference between them? (owlandsnake.co.uk) 

How can I evidence cohabitation?

Evidencing cohabitation is critically important in unmarried partner visa applications. You will need official correspondence, sent to your home address. This can be physical correspondence that comes through your door/letterbox, or, it can be electronic correspondence that comes via email, but it must show your name/s and physical address on it.

Correspondence can be in the joint names of the foreign partner and UK sponsor (preferable), or, it can be in sole names, as long it shows the couple are both living at the same address over the same period of time.

What kind of cohabitation evidence is required?

You can include documents such as:

• Utility invoices (gas, electricity, water, internet);
• Council tax statements;
• Car/home/travel insurance documents;
• HMRC/Tax documents;
• Tenancy agreements/mortgage statements;
• NHS letters or letters from your GP surgery;
• Bank statements;

This is not an exhaustive list.

How much cohabitation evidence is required?

The short answer: As much as possible! It is not set out in the Immigration Rules themselves.  Only in the notes to the online application form itself, which states you should provide evidence from at least 3 different sources, and at least 6 jointly-named documents, or, 12 single-named documents (6 in the name of the UK sponsor, and 6 in the name of the visa applicant). We would advise that this is the bare minimum amount of evidence you should provide, and would recommend you provide this amount of evidence for each year that you are seeking to demonstrate cohabitation.

Evidence should be spread over the whole 2-year period. You do not need to cover every single month, necessarily, but this is a critically important part of the unmarried partner visa application, so you should provide as much as you possibly can.

Take a look at this article for more about cohabitation evidence: UK Family visas: How to prove a genuine relationship in spouse, civil-partner, unmarried partner and fiancé/fiancée visa applications.

• The couple must have lived together for at least 2-years prior to the date of application;

• The sponsor must be a British or Irish citizen, or have Indefinite Leave to Remain (ILR), or be an EU national with pre-settled status from living in the UK before 1 January 2021, or any nationality with settled status under the EU settlement scheme (EUSS).

• The sponsor must also be present and settled in the UK, or returning to the UK at the same time as the foreign spouse;

• The couple must both be over 18 years old at the date of application;

• The couple must not be closely related to each other prior to marriage;

• The couple must have met each other in person;

• The couple must be in a genuine and subsisting relationship with each other;

• If either the sponsor or the foreign partner were in a relationship previously, then that relationship must have ended;

• The couple must intend to live together permanently in the UK;

• The couple must have adequate accommodation available to them in the UK;

• The foreign partner must demonstrate English language to the required level. For the initial unmarried partner visa, the level is CEFR A1. For the visa extension after 2.5 years, the level is CEFR level A2. This would normally be evidenced with an appropriate test certificate.

• However, a UK degree or masters will satisfy the English language requirement. Or, a non-UK degree or masters, if taught in English, and recognised by the relevant UK body as being equivalent to a UK degree or masters. Or, if the foreign spouse is from a designated majority English speaking country, then they will satisfy the English language requirement. Majority English speaking countries are considered to be: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; Malta; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; or the United States of America.

• If the foreign partner is resident in a designated TB country, then they require a TB test certificate. You can see the list of designated TB countries here (links to Home Office site): Designated TB countries

• Suitability requirements for the foreign partner relate to their immigration history and their criminal history. If the foreign spouse has no adverse immigration or criminal history, then they will satisfy these requirements. If the foreign spouse has an adverse history, then it will depend on the nature of that history, as to whether it will cause a problem for the application. You can see the rules on this area, here (links to Home Office site): Ground for refusal

The financial requirement is the most complex part of the application, and also the most important. It can be met in various different ways, so it's difficult to summarise in a just a few bullet points. But by way of an overview:

• If the couple are applying from abroad, then the income requirement must be met by the UK sponsor alone, who must earn a minimum of £18,600 per year (this figure increases to £22,400 if including 1 non-British child, or £24,800 if two non-British children);

• If applying using savings, the required amount is £62,500 (this figure increases to £72,000 if including 1 non-British child, or £78,000 if two non-British children). These funds must be held in an account for 6-months prior to the application, and can be in the name of either the UK sponsor, the foreign spouse, or in both names jointly. More detail about this route here: How to use cash savings in UK family visa applications - spouse, civil-partner, fiance or fiancee, unmarried partner visa routes.

• If the foreign spouse is applying from inside the UK and he/she has permission to work (if switching from a T5 Youth Mobility visa, for example), then the £18,600 income requirement can be met by the joint income of both the UK sponsor and the foreign spouse;

• We would strongly recommend that you read the Home Office guidance on meeting the financial requirements. The above is intended as a summary only. You can find that guidance here (links to Home Office site): Home Office financial guidance for partners

If you need help with an application, please contact us and we would be happy to help.