UNMARRIED PARTNER VISA / SAME SEX PARTNER VISA
Unmarried Partner Visa or Same Sex Partner Visa can help Non-EU unmarried partner to work and stay in the UK under the Immigration Rules.
Our immigration law experts are here to help with immigration matters when British or settled persons in the UK wish to bring their unmarried partner or same-sex partner to the UK.
LBGT rights in the UK are highly protected. Since 2014, same-sex couples have been permitted to marry, and couples have equal rights to adopt or seek parental responsibility for a child (if the child is conceived via surrogacy).
UK Visa and Immigration (UKVI) offer visas to Non-EU partners who are in a genuine and subsisting relationship to live and work together in the UK.
If your partner is a British national or has settlement status in the UK, you can apply for the Unmarried Partner Visa or Same-Sex Partner Visa.
There are requirements to establish the genuineness of the relationship before your application can be accepted.
After living at least five years in the UK, you may apply for Indefinite Leave to Remain (ILR). When evaluating applications in this category, UKVI will look at each case on its individual merits.
Before you reach the end of the five year period of settled residence in the UK as a spouse or partner we can assist you to apply for Naturalisation as a British Citizen.
To apply for the Unmarried Partner Visa or Same-Sex Partner Visa, you must meet the following criteria:
- You meet the English language requirements
- You must have been living together with your partner who has British nationality or has had a UK settled person status for at least two years, or
- You have suitable accommodation
- Your sponsoring partner meets the minimum income threshold.
- You are in a civil partnership or marriage which is recognised in the UK, or you are a fiancé, fiancée, or proposed civil partner and will marry or enter into a civil partnership in the UK within six months of arriving
The minimum income threshold is one of the most contentious elements of the family visa requirements.
The partner who is settled in the UK must be earning a minimum income of £18,600 for at least six months prior to making the visa application or have savings of £62,500.
For childcare provisions, a further £3,800 is required for one child, and £2,400 for each additional child.
You can apply for an Unmarried Partner Visa or Same-Sex Partner Visa by post or online or at a UKVI Visa Premium Service Centre, depending on your circumstances.
You will be required to fill in the extensive application form correctly and also need to send in the required supporting documents.
At First Continental Solicitors, we can assist you with your Unmarried Partner Visa or Same-Sex Partner Visa with collating the required documents and filling in the form correctly.
Refusals are often the result of missing documents or a mistake on the form; but by investing in our assistance, you can rest assured that your unmarried partner visa is very likely to be successful.
UK Visas and Immigration (UKVI) officials can look for the following documents / information in your application submission:
- Your current passport or other travel documents
- Your parent’s date of birth and nationality
- Your National Insurance number (if you have one)
- Details of your accommodation in the UK
- Bank statements and details of your salary showing your sponsor can meet the minimum income threshold
- Your sponsor’s British passport or Indefinite Leave to remain documents
- Details of any children who are also coming to the UK
- Details of the countries outside the UK you’ve lived in and visited
- Details of any criminal convictions, if applicable
UKVI may also want to see evidence of your relationship, which may include:
- How you met and how often you see each other
- How long you’ve lived together – you’ll need to send proof like council tax bills
- things you pay for together
- Whether you’re your partner’s career
Unmarried Partner Visas get refused for different reasons.
While the British government has a goal to bring net migration down into the tens of thousands despite growing opposition to what is considered an unrealistic and harsh target, one group of applicants who have been targeted to drive-down immigration can be families. This can lead to refusal of family visas on even the smallest grounds.
When faced with a refusal you have access to the following challenges against the refusal:
- Submit a new application; or
- Lodge an appeal with the First-Tier Tribunal.
We understand the emotional upheaval couples can go through when they are forced to fight the Home Office. To reduce stress and anxiety our lawyers provide sensitive and compassionate service with the expertise and experience needed to successfully challenge a negative decision by UKVI.
Obtaining an Unmarried Partner Visa or Same-Sex Partner Visa has many advantages, including:
- The visa is valid for 33 months and can be extended for 30 more months
- An Unmarried Partner or Same-Sex Partner Visa holder can apply for Indefinite Leave to Remain (ILR) after five years, providing they meet the eligibility requirements
- Once settlement / ILR is acquired, you can apply for British Citizenship after one year, provided you meet all the eligibility requirements.
We have a reputation for providing the best services for our clients, when taking care of their immigration matters.
As highly experienced immigration experts, our lawyers will work with you to ensure your application is filled in correctly and all the correct documentation is provided.
By working with us, you can be confident your best interests will be protected, and the visa application process will go through smoothly.
Make sure you include the following documents in your application to prove your income:
- Bank statements showing you or your partner’s income
- Six months’ worth of payslips
- A letter from an employer, dated and on headed paper stating what position you hold, how long you have worked at the organisation, what you earn, and clarifying the payslips you have submitted are genuine.
Those subject to immigration control and holders of an Unmarried Partner Visa or Same-Sex Partner Visa will not be able to rely on public funds during their limited leave to remain visas.