Primus Solicitors Guide to The Unmarried Partner Visas UK

Are you considering applying for an Unmarried Partner Visa in the UK? This comprehensive guide will provide all the necessary information to understand this visa route’s process, requirements, and essential details. Whether you are in a heterosexual or same-sex relationship and have been in a subsisting relationship for at least two years, this visa could be the path to living in the UK with your settled partner.

What is an Unmarried Partner Visa?

An Unmarried Partner Visa, often referred to as a UK Unmarried Partner Visa, is a specific type of visa that allows individuals to enter or remain in the United Kingdom if they are in a committed and subsisting relationship with a settled person. This visa is designed to accommodate heterosexual and same-sex couples who have chosen not to marry or enter a civil partnership but wish to live together in the UK with their settled partner.

Unmarried Partner Visa Eligibility & Requirements

To qualify for an Unmarried Partner Visa in the UK, one of the fundamental requirements is that you must have been in a subsisting relationship with your partner for at least two years. Your relationship must be genuine, long-term, and characterised by mutual commitment and emotional attachment. 

The Home Office assesses the authenticity of your relationship through various pieces of evidence, such as shared financial responsibilities, joint living arrangements, correspondence, and photos documenting your time together.

This two-year threshold is crucial in establishing the credibility of your relationship. It demonstrates to the immigration authorities that your partnership is not a casual arrangement but a committed, enduring bond between you and your settled partner. This requirement aims to prevent abuse of the immigration system by those attempting to enter the UK under false pretences, highlighting the significance of a genuine and substantial connection.

 

Can A UK Unmarried Partner Visa Lead To Settlement?

After successfully securing this visa and living in the UK for a continuous period of five years as the unmarried partner of a British Citizen or a settled person, you become eligible to apply for Indefinite Leave to Remain (ILR).Obtaining an Unmarried Partner Visa can be a pivotal step towards permanently settling in the United Kingdom. 

Indefinite Leave to Remain (ILR) is a significant milestone in your immigration journey. It signifies that you have achieved settled status in the UK, granting you the right to live, work, and study in the country without any time restrictions. 

ILR holders also have access to public funds and healthcare on the same terms as British citizens.

To qualify for ILR after five years, you must continue to meet the requirements and obligations associated with your Unmarried Partner Visa, including maintaining a genuine and subsisting relationship with your settled partner. Demonstrating a consistent commitment to these criteria is essential for a successful ILR application.

The path to settlement through the Unmarried Partner Visa route underscores the UK’s commitment to recognising and valuing long-term relationships, irrespective of whether couples choose to marry or enter into a civil partnership. It allows individuals to build their lives together in the UK, ultimately contributing to the diverse and inclusive society that the country embodies.

 

Applying for an Unmarried Partner Visa

To apply for an Unmarried Partner Visa, you must meet specific requirements outlined in Appendix FM of the Immigration Rules. The process involves several stages:

• Entry Clearance: If you are outside the UK, you must apply for entry clearance before your arrival. Our Immigration experts can provide detailed guidance on this process.
• Extension: If you are already in the UK as an unmarried partner, you must extend your visa after 2.5 years.
• Indefinite Leave to Remain (ILR): After five years, you can apply for ILR to settle permanently in the UK.

 

Appeal Process for Unmarried Partner Visa Refusals

Sometimes, Unmarried Partner visa applications are refused, which can be disheartening and stressful; however, it is essential to understand that refusal does not necessarily mark the end of your journey. 

The UK immigration system acknowledges that mistakes can happen, and applicants have the right to challenge decisions they believe are incorrect or unjust. The appeal process is designed to ensure fairness and rectify errors in decision-making.

Understanding the Refusal Process

Before proceeding with an appeal, it is crucial to examine the reasons behind the refusal thoroughly. The refusal letter you receive from the Home Office will provide specific details about why your application was rejected.

Common reasons for refusal include:

1. Insufficient Evidence: Your application may have lacked essential supporting documents or evidence of your relationship’s genuineness and longevity.
2. Financial Requirements: You might not have met the financial threshold required to support yourself without relying on public funds.
3. English Language Proficiency: If applicable, failure to demonstrate English language proficiency can lead to a refusal.
4. Criminal Convictions: Previous criminal convictions or immigration violations can be grounds for refusal.
5. Relationship Assessment: The Home Office may need clarification on the authenticity of your relationship, such as whether you have been living together for the required duration.

How To Submit an Appeal?

If you believe the refusal is unjust or based on incorrect information, you can appeal the decision. To initiate the appeal process, you must:

1. Complete the Appropriate Form: You must fill out the appropriate appeal form, which will be specified in your refusal letter. Common forms include the “Notice of Immigration Decision” and the “IAFT-2” for family and partner visa appeals.
2. Gather Supporting Documents: Compile all relevant documents, including those that address the reasons for refusal. This might involve providing additional evidence of your relationship’s authenticity, financial stability, or other relevant criteria.
3. Pay the Appeal Fee: At Primus, we charge an industry-standard fee for the appeal process. Be sure to pay this fee promptly to avoid delays.
4. Submit Your Appeal: Send your completed appeal form, supporting documents, and the fee to the address specified in your refusal letter. Ensure you meet the appeal submission deadline within 14 days of receiving the refusal.

 

Switching from a 10-Year Unmarried Partner Visa to a 5-Year Unmarried Partner Visa

The UK immigration system recognises that circumstances can change over time, and individuals who initially applied for a 10-Year Unmarried Partner Visa may wish to switch to a 5-Year Unmarried Partner Visa. This transition offers certain advantages, including a shorter path to settlement and potentially fewer renewal requirements.

Why Consider Switching?

There are several reasons why someone might consider switching from a 10-Year to a 5-Year Unmarried Partner Visa:

1. Shorter Path to Settlement: The 5-year Route typically leads to settlement (Indefinite Leave to Remain or ILR) faster than the 10-year Route. This means you can obtain permanent residency in the UK more quickly.
2. Reduced Costs: Applying for a new visa or extension involves fees and switching to a 5-year Visa may save you money over the long term, as you will have fewer renewals.
3. Flexibility: A 5-Year Visa can offer more flexibility if you anticipate changes in your circumstances, such as relocating or making significant life decisions.

Requirements for Switching To The 5-year Route

To switch from a 10-Year Unmarried Partner Visa to a 5-Year Unmarried Partner Visa, you must meet specific eligibility criteria:

1. Eligible Relationship: Your relationship must still subsist and meet the Unmarried Partner Visa requirements. This includes demonstrating that you have lived together for at least two years before applying to switch onto the 5-year Route.
2. Intention to Live Together: You and your partner must intend to continue living together in the UK.
3. Compliance with Immigration Rules: You should ensure that you have maintained compliance with the terms and conditions of your current visa. Any immigration violations could affect your eligibility.

 

Switching from the 10 to the 5-year route – Application process

The process for switching visas involves several steps:

1. Review Eligibility: Confirm that you meet the eligibility criteria for switching from a 10-Year to a 5-Year Unmarried Partner Visa. Consult with immigration experts if needed.
2. Prepare Supporting Documents: Gather all necessary supporting documents, including evidence of your relationship’s authenticity and duration.
3. Complete Application Form: Fill out the appropriate application form, typically the same form used for an initial Unmarried Partner Visa application.
4. Pay the Application Fee: Ensure you pay the required application fee specified by the Home Office.
5. Submit the Application: Send your completed application form, supporting documents, and payment to the address provided in the application guidance.
6. Biometrics Appointment: You may be required to attend a biometrics appointment to provide fingerprints and photographs.
7. Interview (if necessary): Depending on your circumstances, you may need to attend an interview to discuss your application.

 

What Is The Processing Time For Switching to the 5-year Route?

The processing time for switching visas can vary based on your individual circumstances and the volume of applications. It is essential to apply well in advance of your current visa’s expiration to avoid any gaps in your immigration status.

Legal Assistance – How Primus Can Help.

Seeking legal assistance or advice from immigration experts can be beneficial when switching visas. They can help ensure that your application is complete, address potential issues, and guide you through the process to increase your chances of success.

Super Priority Service for Unmarried Partner Visa Application

If you are already residing in the UK under the Unmarried Partner Visa and are seeking an extension or settlement, you may have the option to personally submit your application and get a decision within the next working day through the UK Visas and Immigration’s Super Priority Service. This expedited service streamlines the process, ensuring quick results and minimal waiting times. 

Professional Legal Services and Fees

We understand the importance of expert legal assistance. Our Fees start at a fixed rate of £1000, (+ VAT if the applicant is applying from outside of the UK) with costs varying based on case complexity. Services include detailed immigration advice, document assessment, and representation throughout the application process.

Testimonials and Contact Information

Our immigration lawyers have received top ratings and testimonials from clients, establishing us as one of the best-rated immigration lawyers in the UK. Contact us today to receive the guidance and support you need for your Unmarried Partner Visa application.

Navigating the Unmarried Partner Visa process in the UK can be complex. However, with the correct information and legal support, you can successfully apply for this visa and take steps toward a future with your settled partner in the UK. Whether you are just starting the process or facing a refusal, our team of experienced immigration solicitors is here to assist you at every stage.

 

FAQ’s about Unmarried Partner Visas

Q:How long does the Unmarried Partner visa process take?

A:The processing time for an Unmarried Partner visa can vary depending on several factors, including the country from which you are applying and the current caseload of the immigration authorities. On average, it can take anywhere from 8 to 12 weeks for a decision to be made on your application. It’s important to apply well in advance of your intended travel date to allow for processing time.

Q:What is the meaning of an unmarried partner in the UK visa context?

A:In the UK visa context, an unmarried partner refers to someone who is in a genuine and subsisting relationship with a British citizen or a settled person in the UK but is not legally married to them. This category also covers same-sex partners. To qualify as an unmarried partner, you must be able to provide evidence of a committed and long-term relationship.

Q:What are the success rates for Unmarried Partner visa applications?

A:Success rates for Unmarried Partner visa applications can vary based on individual circumstances and the quality of the application. Generally, a well-prepared application with all required documents and evidence of a genuine relationship is more likely to be approved. While we don’t have specific statistics on success rates, it’s important to seek legal advice and ensure that you meet all the eligibility criteria to enhance your chances of success.

Q:Can you apply for the Unmarried Partner visa if you are not living together?

A:Yes, it is possible to apply for an Unmarried Partner visa even if you and your partner are not currently living together. However, you must demonstrate that you have been in a genuine and subsisting relationship for a significant period and provide compelling reasons for not living together, such as work or study commitments. Strong evidence of your relationship will be crucial in such cases.

Q:Unmarried Partner Visa in a Long-Distance Relationship

A:If you and your partner are in a long-distance relationship and are applying for an Unmarried Partner visa, it’s important to provide evidence of regular communication, visits, and the commitment to maintaining the relationship despite the physical distance. Include details of your visits, communication history, and any plans to eventually live together in the UK.

Q:Requirements for Unmarried Partner Visa

A:The specific requirements for an Unmarried Partner visa include demonstrating that you have been in a genuine relationship, proving your financial ability to support yourself without recourse to public funds, and meeting the English language requirement, among others. It’s essential to consult the official UK government website or seek legal advice to ensure you meet all the necessary requirements.

Q:How to Apply for an Unmarried Partner Visa

A:To apply for an Unmarried Partner visa, you will need to complete the relevant application form, provide supporting documents, pay the application fee, and attend a biometric appointment. The process can be complex, so it’s highly advisable to seek legal guidance or assistance from immigration experts to ensure a smooth and successful application process.

 

Unlock Your Path to the UK Today!

Navigating the Unmarried Partner Visa process can be complex, and at Primus Solicitors, we’re here to simplify it for you. Our dedicated team of immigration experts is ready to provide you with tailored advice, assistance, and support every step of the way. Don’t hesitate – take the first step towards your UK journey toady Contact us now to begin your Unmarried Partner Visa application with confidence. Your dreams of a life in the UK are within reach!