Overview of the Partner Visa
The UK Partner Visa allows eligible partners of people living in the UK to live together in the UK. It can apply to couples who are married or in a civil partnership, as well as qualifying unmarried partners who meet the requirements of the Family Visa route.
For an unmarried partner application, the couple must demonstrate that their relationship is genuine and that they satisfy the specific requirements under the Immigration Rules. The fact that two people are in a relationship does not automatically mean that they qualify for a Family Visa.
The sponsoring partner must also have qualifying immigration status in the UK.
Who Can Apply as a Partner?
You may be able to apply as a partner where your partner is:
- A British or Irish citizen
- Settled in the UK
- Eligible under certain pre-settled status provisions
- A person with qualifying protection status
- A person with another qualifying immigration status covered by the Family Visa rules
Both partners must generally be aged 18 or over and intend to live together permanently in the UK.
The route can therefore be relevant to couples who are not married, provided they meet the requirements.
Unmarried Partners
An unmarried partner does not necessarily need to marry before applying.
The Immigration Rules recognise qualifying unmarried relationships where the couple can demonstrate a genuine and subsisting relationship and meet the relevant requirements.
Evidence may include:
- Evidence of living together
- Joint tenancy agreements
- Council Tax records
- Joint bank accounts
- Shared household expenses
- Utility bills
- Evidence of regular communication
- Travel and visits
- Evidence of financial support
- Evidence relating to children
- Other evidence demonstrating the ongoing nature of the relationship
Where a couple does not live together, this does not automatically prevent an application. The applicant should explain why they live separately and provide evidence demonstrating their continuing commitment to one another.
Financial Requirement
The standard minimum income requirement for a new partner application is currently £29,000 per year, subject to the applicable Immigration Rules and any relevant exceptions or transitional arrangements.
The financial requirement can potentially be met through permitted sources, including qualifying employment income and savings.
The exact evidence required depends on the source of income being relied upon.
For example, an applicant relying on employment income may need payslips, bank statements and an employer’s letter. Self-employed applicants may need different financial documentation.
Where savings are being used, the rules concerning the amount and period for which the funds must be held need to be considered carefully.
English Language Requirement
Partner Visa applicants will generally need to demonstrate the required level of English unless they qualify for an exemption.
The evidence required depends on the applicant’s circumstances and the stage of their immigration journey.
Applicants should establish which English language requirement applies before submitting their application.
Living Together in the UK
The purpose of the Family Visa route is to enable qualifying family members to live together in the UK.
Applicants should therefore provide evidence of their proposed living arrangements.
This may include:
- A tenancy agreement
- Mortgage documents
- Property ownership documents
- A letter from the landlord
- Other evidence confirming the proposed accommodation
Applying from Outside the UK
Applicants living outside the UK generally need to apply for entry clearance before travelling to the UK.
The application will require information about the applicant and their partner, including their relationship history, financial circumstances and previous immigration history.
Supporting documents should be organised carefully and must meet the relevant requirements.
Extending a Partner Visa
A person already in the UK on a qualifying family visa may be able to extend their stay with their partner.
The application must normally be submitted before the current immigration permission expires.
The applicant will need to continue demonstrating that the relationship is genuine and that the other applicable requirements are met.
Settlement
The Partner Visa can potentially lead to settlement.
Applicants following the five-year family route may generally become eligible to apply for indefinite leave to remain after five continuous years on the qualifying route, provided they satisfy the other requirements.
Settlement requirements can include English language ability, the Life in the UK Test and continuous residence.
Where the Couple Cannot Meet the Financial Requirement
Not every applicant will be able to satisfy the standard financial requirement.
In certain circumstances, an applicant may still have an immigration route where there are relevant children in the UK or where refusal would raise human rights considerations. The applicable rules and consequences can differ, including the possibility of being placed on a longer route to settlement.
These cases require careful assessment rather than assuming that a financial shortfall automatically means that no application can be made.
Previous Refusals
A previous Family Visa refusal should be reviewed before submitting a new application.
The refusal may relate to relationship evidence, finances, English language requirements, immigration history or other aspects of the application.
A new application should address the specific reasons for the previous decision and provide appropriate evidence.
How We Can Help
SWM Solicitors can assist unmarried and other qualifying partners with UK Partner Visa applications.
We can help with:
- Eligibility assessments
- Relationship evidence
- Financial requirement advice
- English language requirements
- Accommodation evidence
- Application preparation
- Supporting documents
- Extensions
- Settlement applications
- Previous refusals
- Complex family circumstances