If you are the unmarried partner of a UK national then you can apply for an Unmarried Partner visa. This visa is also known as the UK defacto visa and it allows you the unmarried partner of a UK national to enter and remain in the United Kingdom. This is done on the basis that you are in a relationship with a person who is present and ‘settled in the UK’.
Note that the term ‘Settled in the UK’ for the purposes of immigration means that means that the person is an ordinarily resident in the UK whoever with no immigration restrictions on the length of their stay in the UK. Note that the Unmarried Partner visa for the UK applies to both heterosexual and same sex relationships. This is done one condition that it can be provided that the relationship is subsisting and has been in existence for two or more years. Note that this is not the same as the UK spouse visa or UK fiance visa.
Obtaining an unmarried partner visa is very difficult as the proof required to prove that the relationship is real is difficult. When it is a same-sex relationship where marriage is not legally an option it becomes even more difficult. Always seek proper legal advice before you attempt a visa application as the cost of trying to overturn a denial of visa is much more costly.
UK Unmarried Partner Visa Requirements
To qualify for the Unmarried Partner visa you must satisfy the following criteria:
- Both you and the sponsoring partner must be 18 years of age or older;
- Both you and your partner must intend to live in the UK together on a permanent basis;
- Both of you must show that any previous relationships has ended;
- Both of you must show that you have lived together as a couple for at least 2 years;*
- Both you and your partner must have sufficient funds to support yourselves;
- You cannot be claiming public funds;
- Your unmarried UK partner must be earning at least £18,600 per year;
- You must have suitable accommodation available for you, your partner and any dependents;
- You must also satisfy the English language requirements.
(*) Note that you will have to have proof that you have lived together for more than 2 years. This could be joint accounts and bills which are being paid. Of all the documentation these would be the most problematic and also make up the bulk of all the paperwork. It is usually better to obtain the services of a visa specialist or solicitor for this type of application. The burden of proof is going to be much more than say adue to fraud. This is a very difficult visa to obtain.