In order to make a successful application for a UK Unmarried Partner’s visa, you will need to meet with the following criteria;
- you have been living together in a relationship akin to marriage or civil partnership which has been existing and genuine (not like a ‘marriage of convenience’) for at least 2 years;
- you and your partner are both aged 18 or over at the date of application;
- any previous marriage or civil partnership that either of you was in has permanently broken down;
- you are not related by blood;
- your partner is not related to you in a way that means you could not be in a relationship in UK law;
- you and your partner have met in person and have the intention to live with each other permanently;
- your relationship with your partner is genuine and subsisting;
- You and your partner have the intention to live with each other on a permanent basis
- You are able to meet with the minimum income threshold requirement of £18,600 for sponsoring the settlement in the UK of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
- You are able to house yourself, your partner and any dependants entirely without recourse to public funds; and
- Your partner is able to satisfy the UKVI’s English language requirement.
Extension of an UK Unmarried Partner Visa
The initial UK Unmarried Partner visa is granted for 2.5 years, thereafter the applicant can apply for an extension providing he or she is able to meet with the above criteria. In addition the applicant will need to also meet with the following criteria;
- The applicant has not remained in breach of the immigration laws, disregarding any period of overstaying for a period of 28 days or less; and
- the marriage or civil partnership has not taken place after a decision has been made to deport the applicant or he has been recommended for deportation or been given notice under Section 6(2) of the Immigration Act 1971 or been given directions for his removal under section 10 of the Immigration and Asylum Act 1999.
Settlement or Indefinite Leave to Remain as a UK Unmarried Partner
In order to make a successful application for Indefinite to Leave to Remain, the applicant will need to demonstrate that he or she meet with the following criteria;
- The applicant has completed a period of 5 years in the UK, with a visa or permission to remain here in this category;
- The applicant continues to remain in a relation with the person specified in his or her visa or permission to remain;
- The relationship continues to exist and the couple are in a real and subsisting relationship;
- The couple have the intention to live together permanently as husband and wife or civil partners;
- you couple continue to have recourse to adequate housing for themselves and their dependants without recourse to public funds;
- The couple can maintain themselves financially without seeking recourse to public funds;
- The applicant does not have any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; and
- The applicant has successfully passed the life in the UK test and is able to meet with the requisite English language requirements.
Duration of the UK Unmarried Partner Visa
The initial visa is granted for 2.5 years, after which time the applicant can apply for an extension for a further 2.5 years. Once the applicant has resided in the UK for a continuous period of five years, he or she can apply for Indefinite Leave to Remain (ILR).
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