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Since 1997, it is now possible for non EEA nationals to gain entry clearance into the UK on the basis of their relationship as an Unmarried partner of a British national or a settled person (a settled person refers to an individual who has a right to remain in the UK without any immigration restrictions).
The UK immigration rules as well as the EEA regulations together with marriage relationships now recognises the unmarried partner relationship. Understandably, couples who are not yet married but intend to get married at a later time may choose to live together as unmarried partners. These individuals now enjoy the same rights afforded to those of married settled persons or EEA nationals who are in the exercise of their Treaty Rights.
There is a misconception especially by foreigners that ‘civil partner’ or ‘civil partnership’ is the same thing as unmarried partnership. Please be informed that civil partner or civil partnership relates to same sex relationships while unmarried partner relates more to cohabitation. The immigration rules and EEA regulations defined unmarried partner relationships as a situation where two persons are living together in a relationship akin to marriage for the last two years. It is important to note that in this type of relationships there is a long term intention to live together. The word akin as used in the above definition means that the relationship is similar or of a similar nature to marriage or civil partnership.
Proof of cohabitation is paramount in this situation. Cohabitation can be proven in various ways including household bills showing that both parties have been paying bills relating to their residence within the last two years, bank statements and any other thing that can show cohabitation within the last two years.
The objective of this rule is to first and foremost acknowledgement of the fact that in today’s society, couples can and have lived together for years in serious and committed relationships without been legally married. Secondly, to allow such genuine long term relationships continue, and to enter the UK on that basis; hence the assigning of a time line to the cohabitation period, “last two years”.
Unmarried partner applications are usually considered in accordance with the requirements of the Immigration Rules stipulated in the Appendix FM of Immigration Rules (The appendix FM is a collection of immigration rules relating to Family life in the UK).
Having met the requirements for unmarried partnership and made a successful entry clearance, you will be granted a leave in the UK for an initial period of 33 months. After which you will need to apply an extension for 30 months. A total of 63 months (5 years) in the UK under the same visa category (in which case the unmarried partner visa) makes the applicant eligible for settlement (Indefinite Leave to remain) in the UK.
Where the applicant is already in the UK, there would be no need for an entry clearance, such an individual may apply in-country. If successful, they will be granted the first leave to remain for up to 30 months (33 months for an out of country application); after which they would have to apply for an additional 30 months to reach the 5 year mark in the UK to be eligible for settlement (indefinite Leave to remain).
It is important to state here that applying for an Indefinite Leave to remain (ILR) from outside the UK is no longer possible where partners have been cohabitating for the last 4 years overseas.
In a situation where the partners have now chosen to get married (at any point), the applicant may then apply for a leave to remain as a spouse. The leave granted in this scenario is usually for up to 2.5 years. However contrary to the general rule of settlement which is 5 years on the same visa (this is limited to some specified visa categories), the applicant who has switched from the unmarried partner to a spouse visa may be eligible settlement after 5 years form the time he was granted his unmarried partner visa.
Unmarried partners must be 18 years of age before they can make an application for a UK visa or sponsor their partner under the unmarried partner route. The date of birth on the passport is sufficient as a proof of age for the parties involved.
The sponsoring party must be not only be a settled person in the United Kingdom, they must also be physically present as at when the application is been made. The only exception here is where the sponsoring party will be accompanying the applicant from overseas to their UK home. This must also be demonstrated and shown in the application.
Unmarried partners looking to live in the UK must be able to show with utmost clarity an intention to live together on a permanent basis and that there is a commitment from both parties to make this a reality. In most cases the rather subjective proof of an intention to live together is adjudged with the genuineness of the relationship.
A further proof of intention to live together may be a letter or written statement from the parties in the unmarried partner relationship stating the intention to live together at the given address which is usually the UK residential address of the sponsor.
It is important that both parties are fully aware of the address and/or description of the residential address of the sponsor in the UK (the house they intend to live in in the UK). This is because the entry clearance officer may ask questions relating to the address in a further bid to ascertain that there is an intention to live together.
As well as demonstrating co-habitation, applicants will also often need to prepare tailor-made documents, such as reference letters from friends and family, personal statements and other similar paperwork with which we will assist when preparing for the client’s case.
In order to be able to sponsor a partner to the UK, applicants must meet the minimum earning requirement of £18,600. If a child is included in the application, the minimum earning requirement rises to £22,400. Please note that there will be an additional £2,400 for each further child and that this does not include British, EEA or settled children in the UK.
Under the current rules, the £18,600 in question will now have to be for at earned for at least £18,600 for at least 6 continuous months prior to the visa application. They should also be with the same employer for the full duration of the 6 months.
Sponsors who have worked for less than 6 months with the current employer will need to demonstrate earnings of at least £18,600 for the last 12 months; or Sponsors who have held savings of £62,500 (assuming they are not in active employment), for at least 6 continuous months prior to the visa application can solely rely on the savings. Sponsors can have a combination of earnings and savings to make up the financial requirement.
The financial requirements can be shown through any of the following: –Parties must be also be able to show substantial evidence of adequate accommodation without recourse to public funds. Evidence of adequate accommodation is critical to the success of the application. Such accommodation need be legally and exclusively occupied by the applicants. Evidence of accommodation may include Tenancy agreement, Land registry Certificate or mortgage statements, title deeds amongst a number of other documents.
It may also be an added advantage to obtain a letter from the Local council confirming the number of available rooms in that property as well as confirming that there will be no statutory overcrowding at the property.
For applicants who are nationals of a majority non-English speaking country, they will either need to pass an external English Language test at level A1 or above, or to have completed a UK bachelor’s degree (or equivalent according to NARIC) taught in English.
If you are already in UK under any visa category and are an unmarried partner of a British national or a settled person, you may be able to switch to an unmarried partner visa under the immigration rules. Such in-country applications will be considered in line with the requirements as laid out in the Appendix FM of the UK Immigration rules.
As explained earlier, there are 4 main requirements to be met for a successful in-country application: –An in-country application to switch from inside the UK is made to the Home Office by completing the FLR (M) application form.