Also known as a UK de facto visa, The UK Unmarried Partner Visa allows unmarried partners of British citizens or those with settled status to join them in the UK for a period of up to 2.5 years.
Unmarried Partner Visa holders can extend their visa for an additional 30 months before their visa expires. After this period, it’s possible to apply for an extension or for Indefinite Leave to Remain (ILR) if eligibility criteria are met.
The process might seem overwhelming, but don’t worry. The team at Addison & Khan Solicitors are experts in immigration law and can guide you every step of the way. We understand the complexities of immigration rules and regulations, so we are well-equipped to advise and support you in your application.
Eligibility Criteria
- You and your partner must be at least 18 years old.
- You must have been living together in a relationship akin to marriage for at least two years.
- You must intend to live together during your stay in the UK.
- You and your partner must have sufficient income to support yourselves (and any dependants) without recourse to public funds.
- Your partner must meet certain English language requirements.
Understandably, these requirements can sometimes be difficult to navigate. That’s where we come in – at Addison & Khan Solicitors, we provide comprehensive assistance to ensure your application is correctly filled out and all the requirements are met.
The Application Process
The application process for the UK unmarried partner visa can be daunting, but don’t worry, we’re here to guide you through each step. Here’s a brief overview of what you can expect:
Eligibility Criteria
Firstly, it’s essential to understand the eligibility criteria. To apply for an Unmarried Partner Visa, both you and your partner must be at least 18 years old. You should have lived together in a relationship akin to marriage for at least two years. Finally, you must prove that your relationship is genuine and continuing, and that any previous relationships have permanently ended.
Financial requirements for the Unmarried Partner Visa
Meeting the financial requirements for the Unmarried Partner Visa is a key component of your application. Here at Addison & Khan Solicitors, we understand how critical it is to fulfil these requirements and we’re here to guide you through each step.
The UK immigration rules outline that you need to be earning a minimum income if you’re sponsoring someone to join or remain in the UK. But don’t worry, there are several ways you can meet this requirement, and we’re here to help you understand them.
Minimum Income Requirement
The sponsor, who must be a UK resident, needs to demonstrate an annual income of at least £18,600. This is the core financial requirement. However, this amount increases if you’re also sponsoring children.
Note: For one child, the amount increases to £22,400, and for each additional child, it increases by £2,400.
Meeting the Financial Requirement
There are several ways in which the financial requirement can be met. Here’s a breakdown of the most common ones:
- Income from employment or self-employment: This is the most common way to meet the requirement. The sponsor’s income from a job or business can be used.
- Non-employment income: This could include income from property rentals, dividends from stocks, or other investments.
- Pensions: Both state and private pensions can be used.
- Maternity allowance or bereavement benefits: These can also be used to meet the income requirement.
What if I Don’t Meet the Requirement?
If you’re worried that you might not meet the financial requirement, you need not despair. There are certain exceptions made for those who have a disability, are retired, or are carers. Such cases are evaluated based on ‘adequate maintenance’ rather than the minimum income requirement.
Applying for a UK Unmarried Partner Visa can be a complex process, but you’re not alone. With our expertise at Addison & Khan Solicitors, we can help you navigate this journey and ensure you put forth the strongest application possible.
Proving cohabitation for the Unmarried Partner Visa
Proving cohabitation is a crucial aspect of the Unmarried Partner Visa application. Addison & Khan Solicitors understand that this can often be a complex and intricate process, and we are here to guide you through each step.
What does ‘cohabitation’ mean in this context?
In terms of the UK Unmarried Partner Visa, ‘cohabitation’ refers to both partners living together in a relationship akin to marriage for at least two years. However, it’s not as simple as just stating you live together; you have to provide solid evidence.
Evidence of Cohabitation
When you are applying for an Unmarried Partner Visa, the Home Office will want to see evidence that you and your partner have been living together for at least two years. This can include, but is not limited to:
- Joint tenancy agreements or mortgage statements
- Council tax bills, utility bills, or bank statements showing the same address
- Official correspondence or documents that link you both to the same address
It’s important to note that the Home Office requires evidence spanning the entire two years. A single document won’t be enough; it’s recommended to provide a range of documents dated throughout the two-year period.
Remember, the quality of evidence is just as important as the quantity. It’s essential that all evidence is clear, consistent and credible.
This is where experienced solicitors like Addison & Khan can be of immense help. We can aid you in gathering the necessary evidence and ensure your application is as strong as it can be.
Common Pitfalls to Avoid
Many applicants fall into the trap of providing insufficient evidence or documents that do not fully meet the requirements. Avoid these common pitfalls:
- Submitting only one type of document: Diversity in your evidence can strengthen your case. Use a variety of documents that show you are linked to the same address.
- Ignoring gaps in the timeline: Make sure your evidence covers the whole period of two years. Gaps might be seen as periods of non-cohabitation.
- Not including both names on documents: Ensure as many documents as possible include both partners’ names.
Applying for an Unmarried Partner Visa can be a daunting task, but Addison & Khan Solicitors are here to help. Our expertise in immigration law can guide you through this process, ensuring your application is the best it can be
