- Written by Arshad Mahmood
An unmarried partner means a person who has been living with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application.
If you are unmarried partner of a person present and settled in the UK, you can apply for entry clearance as an unmarried partner. According to the Immigration Rules, references to a person being present and settled in the UK also include a person who is being admitted for settlement on the same occasion as the applicant.
The requirements to be met for entry clearance as an unmarried partner are that-
(a) the applicant must be outside the UK;
(b) the applicant must have made a valid application for entry clearance as an unmarried partner;
(c) the applicant must not fall for refusal under any of the grounds in Section S-EC: Suitability–entry clearance; and
(d) the applicant must meet all of the requirements of Section E-ECP: Eligibility for entry clearance as a partner.
The applicant will be refused entry clearance on grounds of suitability if any of the following paragraphs apply:
- The Secretary of State has personally directed that the exclusion of the applicant from the UK is conducive to the public good.
- The applicant is at the date of application the subject of a deportation order.
- The exclusion of the applicant from the UK is conducive to the public good because they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months.
- The exclusion of the applicant from the UK is conducive to the public good or because, for example, the applicant’s conduct (including convictions which do not fall within above given paragraph), character, associations, or other reasons, make it undesirable to grant them entry clearance.
- The applicant has failed without reasonable excuse to-
(a) attend an interview when required to do so;
(b) provide specified information, including physical data, when required to do so; or
(c) undergo a medical examination, or provide a medical report, when required to do so.
- It is undesirable to grant entry clearance to the applicant for medical reasons.
The applicant will normally be refused on grounds of suitability if any of the following paragraphs apply:
- Whether or not to the applicant’s knowledge –
(a) false information, representations or documents have been submitted in relation to the application (including false information submitted to any person to obtain a document used in support of the application); or
(b) there has been a failure to disclose material facts in relation to the application.
- One or more relevant NHS body has notified the Secretary of State that the applicant has failed to pay charges in accordance with the relevant NHS regulations on charges to overseas visitors and the outstanding charges have a total value of at least £1000.
- A maintenance and accommodation undertaking has been requested or required under paragraph 35 of these Rules or otherwise and has not been provided.
Eligibility For Entry Clearance As An Unmarried Partner
To meet the eligibility requirements for entry clearance as a same sex partner all of the following requirements must be met.
- The applicant’s same sex partner must be-
(a) a British Citizen in the UK; or
(b) present and settled in the UK; or
(c) in the UK with refugee leave or with humanitarian protection.
- The applicant must be aged 18 or over at the date of application.
- The applicant's same sex partner must be aged 18 or over at the date of application.
- The applicant and his/her same sex partner must not be within the prohibited degree of relationship.
- The applicant and his/her same sex partner must have met in person.
- The relationship between the applicant and his/her same sex partner must be genuine and subsisting.
- Any previous relationship of the applicant or his/her same sex partner must have broken down permanently, unless his or her marriage is polygamous
- The applicant and same sex partner must intend to live together permanently in the UK.
The applicant must provide evidence that the sponsor's gross annual income is at least:
- an additional £3,800 for the first Non-EEA child; and
- an additional £2,400 for each Non-EEA additional child; alone or in combination with
- specified savings of-(i) £16,000; and
(ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income and the total amount required.
When determining whether the financial requirement is met only the following sources will be taken into account:
- income of the partner from specified employment or self-employment, which, in respect of a partner returning to the UK with the applicant, can include specified employment or self-employment overseas and in the UK;
- specified pension income of the applicant and partner;
- any specified maternity allowance or bereavement benefit received by the partner in the UK;
- other specified income of the applicant and partner; and
- specified savings of the applicant and partner.
Exemption From Financial Requirement
The applicant will be exempt from meeting the financial requirement of £18,600 or above if the applicant’s partner is receiving one or more of the following -
(i) disability living allowance;
(ii) severe disablement allowance;
(iii) industrial injury disablement benefit;
(iv) attendance allowance; or
(v) carer’s allowance; and
Where the applicant is exempt from meeting the financial requirement, the applicant must provide specified evidence that his/her partner is able to maintain and accommodate himself/herself, the applicant and any dependants adequately in the UK without recourse to public funds.
Adequate Accommodation Requirement
The applicant must provide specified evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if-
- it is, or will be, overcrowded; or
- it contravenes public health regulations.
English language requirement
The applicant must provide specified evidence that he/she:
- is a national of a majority English speaking country; or
- has passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference (CEFR) for Languages with a provider approved by the UK Border Agency; or
- has an academic qualification recognised by NARIC UK to be equivalent to the standard of a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English; or
- is exempt from the English language requirement because at the date of application:
- the applicant is aged 65 or over;
- the applicant has a disability (physical or mental condition) which prevents the applicant from meeting the requirement; or
- there are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK.
Length Of Stay Granted As A Result Of Successful Application For Entry Clearance As An Unmarried Partner
If the applicant meets the requirements for entry clearance as an unmarried partner the applicant will be granted entry clearance for an initial period not exceeding 33 months, and subject to a condition of no recourse to public funds.
Our Services For Entry Clearance Application As An Unmarried Partner
We can represent you in your entry clearance application and do all the work until decision by the Entry Clearance Officer (ECO) on your application. Our work will include:
- the completion of the paper or online application form;
- advising you on the relevant requirements, relevant laws and procedures;
- advising you on the relevant documents to be submitted in support of your application;
- considering the contents of such documents and discussing the same with you;
- advising you on the weaknesses and strengths of your application; and
- preparing a cover letter wherein we will explain in detailed how all the relevant requirements of the entry clearance are being satisfied.
The completed application will be forwarded to the applicant outside the UK who will sign the same and forward the application along with all the supporting documents to the relevant British Embassy/High Commission/Consulate for a decision to be made by them.
Where necessary, we will also liaise with the Entry Clearance Officer for an expeditious decision on your application.
Why Sunrise Solicitors For Your Entry Clearance Application As An Unmarried Partner?
The immigration solicitors at Sunrise Solicitors are experts in dealing with applications for entry clearance as an unmarried partner of a person present and settled in the UK. The quality of our service is self-evident from the reviews of our clients about the service provided by our immigration lawyers. You can contact us if you are seeking legal help from immigration lawyers in London in relation to your application for UK Visa as an unmarried partner of a person present and settled in the UK and our immigration solicitors will provide you fast, friendly, reliable and professional immigration service.
Our Fees For Entry Clearance Application As An Unmarried Partner Of A Settled Person
- We will charge you a fee from £1,000 (No VAT) for our professional immigration services in relation to your entry clearance application as an unmarried partner of a settled person where the financial requirement is being satisfied only through employment of the sponsor. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
- We will charge you a fee from £1,400 (No VAT) for our professional immigration services in relation to your entry clearance application as an unmarried partner of a settled person where the financial requirement is being satisfied through self-employment (of sponsor only) or savings of the sponsor/applicant. The agreed fee will depend on the complexity of the matter and the casework involved in the matter.
- If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly installments.
- The agreed fee will cover all our work until decision by the Home Office on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. translation of documents, Home Office fee etc.