Switching Into Unmarried Partner Visa

Switching Into Unmarried Partner Visa Under The Old Rules

A person who applied for switching into unmarried partner visa before 9 July 2012 will be granted unmarried partner visa in accordance with part 8 of the Immigration Rules and will not have to meet the financial requirement of £18,600 gross per annum.

The following persons can still apply for leave to remain as unmarried partner in the UK under the old immigration rules i.e. part 8 of the Immigration Rules even if they are applying for switching into unmarried partner visa after 9 July 2012:

A person who has leave to enter or remain to exercise his right of access to a child and he applied for such leave under part 7 of the Immigration Rules before 9 July 2012;

A person with leave to enter as a proposed civil partner which was granted in accordance with rules in place before 9 July 2012;

A person who was previously granted Unmarried Partner visa under the rules in place before 9 July 2012;

A person who was previously granted Dependant Child visa under the rules in place before 9 July 2012;

A person who was previously granted Adult Dependant Relative visa under the rules in place before 9 July 2012;

Post-flight family member of a person granted refugee leave or humanitarian protection in the UK under the rules in place before 9 July 2012;

A person who was previously granted 2 years stay under 14 years long residence;

Long Residence and Points Based System (PBS) Dependents

If the main relevant Points Based System (PBS) Migrant gains indefinite leave to remain on the basis of Long Residence any PBS dependent partner will not be able to extend their leave or gain settlement as a PBS dependent and will be required to switch into the unmarried partner of a settled person category and apply for limited leave. Applicants who were granted leave to enter or remain as a PBS dependent before 9 July 2012, whose PBS partner gained indefinite leave to remain on the basis of long residence can under transitional provisions at A280 (C) apply for further leave under Part 8 of the Immigration Rules.

Applicants who were granted leave to enter or remain as a PBS dependent after 9 July 2012, whose PBS partner gained indefinite leave to remain on the basis of long residence will be required to apply to extend their leave as unmarried partner under Appendix FM.

Switching Into Unmarried Partner Visa Under Appendix FM

A person who is not eligible to apply for switching into unmarried partner visa under Part 8 of the Immigration Rules will have to apply for switching into unmarried partner visa under Appendix FM of the Immigration Rules.

The applicant applying for switching into unmarried partner visa under Appendix FM of the Immigration Rules is required to meet the financial requirement of £18,600 gross per annum unless he is exempt from meeting such requirement due to certain exemptions allowed underpay Appendix FM.

Applicants who were granted leave to enter or remain as a PBS dependent (unmarried partner) after 9 July 2012, whose PBS partner gained Indefinite Leave to Remain (ILR) on the basis of ten years continuous and lawful residence (ten years long residence category) will be required to apply to extend their leave as unmarried partner under Appendix FM.

Same Day Visa Service For Switching Into Unmarried Partner Visa

We are registered with the Home Office, UKBA, Public Enquiry Office (PEO), Lunar House, Croydon to provide Same Day Visa Service for FLR (M) application to switch into unmarried partner visa from inside the UK. Our immigration lawyers can prepare and submit your FLR (M) application to the Home Office, UKBA, PEO and get quick decision on the application. As FLR (M) application for switching into unmarried partner visa requires biometrics of the applicant, you will have to attend the Home Office, Lunar House, PEO, Croydon with our legal representative on the day we will submit your FLR (M) application. The application submitted through our Same Day Visa Service is usually decided either same day or within 24 hours.

Our Fees For Switching Into Unmarried Partner Visa

We will charge you a fee from £1000 + VAT for our professional immigration services in relation to your FLR (M) application to switch into unmarried partner visa where you are applying under the old rules (no financial requirement) under paragraph 295D of the Immigration Rules. 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 £1000 + VAT for our professional immigration services in relation to your FLR (M) application to switch into Unmarried Partner visa where you are applying under the new rules (Appendix FM of the Immigration Rules) and the financial requirement is being satisfied only through employment of the sponsor/applicant. 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 £1200 + VAT for our professional immigration services in relation to your FLR (M) application to switch into Unmarried Partner visa where you are applying under the new rules (Appendix FM of the Immigration Rules) and the financial requirement is being satisfied through self-employment 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.

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Unmarried Partner - FAQs
1. What is the unmarried partner visa UK processing time?
An in-country application for UK unmarried partner visa submitted through our same day visa service is usually decided by the Home Office, Public Enquiry Office (PEO) within 24 hours.

An in-country application application for UK unmarried partner visa submitted by post is decided according to the Home Office guidelines for processing of UK unmarried partner visa applications

An out of country UK unmarried partner visa application submitted to the British Embassy / High Commission is decided by the Home Office UKBA according to the Home Office Guide to the Visa Processing Times

2. What is unmarried partner visa UK English Test requirement?
For UK unmarried partner visa, the applicant must meet the English language requirement. You will meet the requirement if you can show that you:

are a national of a majority English-speaking country; or

have passed an English language test approved by the Home Office, UKBA at the appropriate level; or

hold a degree that was taught in English and is equivalent to a UK bachelor's degree or above.

Exemptions

You do not need to meet the English language requirement if you provide satisfactory evidence that:

you are aged 65 or over when you make your application; or

you have a physical or mental condition which would prevent you from meeting the requirement; or

there are exceptional compassionate circumstances which would prevent you from meeting the requirement.

3. What application form is used to apply for unmarried partner visa from outside the UK?

An application for UK unmarried partner visa from outside the UK is usually made online through visa4uk website. Countries in which online application for UK unmarried partner visa cannot be made, entry clearance application for unmarried partner visa for UK should be made using application form VAF4A along with Appendix 2 or other relevant appendix.

4. What application form is used to apply for UK unmarried partner visa from inside the UK?

An application for UK unmarried partner visa from inside the UK is made using application form FLR (M). We can provide Same Day Visa Service for your application for unmarried partner visa from inside the UK.

5. What is a genuine and subsisting relationship?
If your relationship is genuine and subsisting, the Home Office, UKBA would expect you to be able to show evidence that you:

are in a current, long-term relationship;

are living together with your partner;

share responsibility with your partner for any children;

share financial responsibilities with your partner, such as a joint mortgage or tenancy agreement, a joint bank account or joint savings, and utility bills in both your names;

and your partner have visited one another's home country and family; and

you have made plans about living together in the UK with your partner.

6. How much income do I need to have to meet the financial requirement?

You must have an income of at least £18,600 gross per year.

If you are sponsoring a child as well as a partner you will need an income of at least £22,400.

For each additional child being sponsored you will need an additional income of £2,400. For example, if you are bringing 2 children with you to the United Kingdom, you must have an income of £22,400 for the partner and one child and £2,400 for the additional child, so a total of £24,800.

You will be required to provide documents to show that you can meet the financial requirement. The way you meet the requirement will be different, depending on whether you are applying from inside or outside the UK.

Exemptions

You will be exempt from the new financial requirement if your sponsor receives a specified disability-related benefit or carer's allowance in the UK. You will need to show that your sponsor can maintain and accommodate you without access to public funds.

7. For how long you will be granted the UK unmarried partner visa?

Applications from outside the UK

If your visa application is successful, the Home Office, UKBA will grant you a visa for 33 months. Shortly before the end of that period, you can apply for unmarried partner visa renewal/extension. If you still meet the requirements you will be granted permission to stay for a further period of 30 months. Once you have completed 5 years in the UK, as the unmarried partner of someone who is a British citizen or settled in the UK, you can apply for ILR as an unmarried partner.

Applications from inside the UK

If your application to switch into unmarried partner visa is successful, the Home Office, UKBA will grant you permission to remain in the UK (known as 'further leave to remain') for 30 months. Shortly before the end of that period, you can apply for unmarried partner visa renewal/extension. If you still meet the requirements you will be granted permission to stay for a further period of 30 months. Once you have completed 5 years in the UK, as the unmarried partner of someone who is a British citizen or settled in the UK, you can apply for ILR as an unmarried partner.

8. What is the date of your civil partner visa application if you are applying from outside the UK?

The date of your application is the date when your application fee is paid to the UKBA. This will be the date shown on your payment receipt, which depends on how you paid for your visa application - for example, at a visa application centre or online.

9. When can you apply for ILR as an unmarried partner?

If you have been granted initial unmarried partner visa under the Immigration Rules in place before 9 July 2012, you can apply for ILR as an unmarried partner 28 days before completing your two years residence in the UK on unmarried partner visa.

If you have been granted initial unmarried partner visa under the Immigration Rules in place on or after 9 July 2012, you can apply for ILR as an unmarried partner 28 days before completing your five years residence in the UK on unmarried partner visa.

If you have been granted initial unmarried partner visa under the Immigration Rules in place on or after 9 July 2012 and the leave was granted relying on paragraph EX1 of the Appendix FM of the UK Immigration Rules, you can apply for ILR as an unmarried partner 28 days before completing 10 years residence in the UK on unmarried partner visa.

10. How can you challenge the refusal of your UK unmarried partner visa application?

If you applied for UK unmarried partner visa from outside the UK, the refusal of your application can be challenged by way of an appeal to the First Tier Tribunal within 28 days of the date of receipt of the refusal letter.

If you applied for UK unmarried partner visa from inside the UK, you can challenge the refusal by way of an in-country appeal to the first-tier Tribunal within 10 working days of the date of receipt of the refusal letter (5 working days if you are in detention at the time of the service of the refusal letter). If you have not been granted appeal right, you can challenge the refusal of your application by way of Judicial Review in High Court within 90 days of the date of the refusal letter.

11. Can I meet the financial requirement by showing funds transferred from investments, stocks, shares, bonds or trust funds?
Funds held as cash savings by the applicant, their partner or both jointly at the date of application can have been transferred from investments, stocks, shares, bonds or trust funds within the period of 6 months prior to the date of application, provided that:

The funds have been in the ownership and under the control of the applicant, their partner or both jointly for at least the period of 6 months prior to the date of application.

The ownership of the funds in the form of investments, stocks, shares, bonds or trust funds; the cash value of the funds in that form at or before the beginning of the period of 6 months prior to the date of application; and the transfer of the funds into cash, are evidenced by a portfolio report or other relevant documentation from a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating. (iii) The requirements of Appendix FM-SE in respect of the cash savings held at the date of application are met, except that the period of at least 6 months prior to the date of application in paragraph 11(a) will be reduced by the amount of that period in which the relevant funds were held in the form of investments, stocks, shares, bonds or trust funds.

This means that, where the cash savings have previously been held as investments, stocks, shares, bonds or trust funds that were owned by and under the control of the applicant, their partner or both jointly, this ownership period can be counted towards the 6 month period. So money held as cash savings at the date of application can have been liquidated by the same owner(s) from investments and may have been held as investments for the first part of the period of 6 months prior to the date of application and as cash savings for the rest of that 6 month period. Evidence must be provided showing that:

The investments, stocks, shares, bonds or trust funds were in the ownership and under the control of the applicant, their partner or both jointly for that part of the 6 month period prior to the date of application before they were liquidated into cash savings;

The value of the investments, stocks, shares, bonds or trust funds at or before the beginning of that 6 month period was at least equivalent to the amount of the cash savings relied upon in the application; and

The cash savings meet the requirements of Appendix FM-SE.

If this evidence is not provided, the cash savings previously held as investments, stocks, shares, bonds or trust funds cannot be counted towards the financial requirement.