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Same sex unmarried partner visa granted for our client

This week have been particularly good for clients namely today when we had a same sex unmarried partner visa granted for our client. The case was increasingly tough as the partners were not registered under a civil ceremony and have been only living together. Our client was unable to meet income threshold based on salary and  fully relied on cash savings held by the sponsor. We have managed to work with the client to evidence the strength of relationship and provided specified evidence required for cash savings. The application was successful on a same day service in Sheffield this morning.

We have carefully worked with our client on this application during all the stages and a good preparation with strong representations have finally paid off.

Eligibility Requirements

To qualify for the Unmarried Partner visa you must satisfy the following criteria:

  • You and your sponsoring partner must both be 18 years of age or over.
  • You and your partner must intend to live together on a permanent basis.
  • You must show that any previous relationship that you or your partner were involved in (whether it be as a married or an unmarried couple) has ended.
  • You need to show that you have been living with your partner for at least two years in a relationship similar to marriage. You will need to provide documentary evidence confirming this.
  • You and your partner must have sufficient funds to support yourselves (and any dependants) without claiming public funds.
  • Your unmarried British or settled partner must be earning at least £18,600 per annum or savings to be able to sponsor you. If also sponsoring children as dependent then the financial requirement will increase.
  • You must have suitable accommodation available for you, your partner and any dependants.
  • You must also satisfy the English language requirements
Duration of the stay

The unmarried partner visa will be initially issued for a period of 33 months (if applying from overseas) or 30 months if applying from within the UK. A further extension must be sought for an additional 30 months to take you to five years. Once you have spent a period of five years on a spouse probationary visa, you will be eligible to apply for Indefinite Leave to Remain in the UK provided that you are still living with your partner in the UK and can continue to meet the maintenance requirement as mentioned above.

Entry Clearance

If you are seeking to enter the UK on the basis of your relationship with a 'settled person' you must apply for entry clearance before you enter the UK.

It is possible to switch to an Unmarried Partner visa while you are in the UK provided that you have leave to remain here on a visa that was granted for a period exceeding 6 months. Please note that you cannot switch into the Unmarried Partner visa category if you are already in the UK and were initially admitted to the UK for a period of less than six months - for example, as a visitor or a short-term student.

English language requirements for partners

All partners, spouses, civil partners, fiances and prospective civil partners are required prove that they can speak and understand English. Therefore you will need to provide evidence with your visa application to show that you have passed an English language test with an approved test provider.

If necessary we can arrange relevant tests for most countries around the world - please contact us for more information regarding the English language requirements for UK immigration.

Dependants

If you and your spouse have children who are under 18 years of age they are allowed to enter the UK as your dependants. You should make an application for your dependants at the same time that you make your UK spouse visa application. However, you must demonstrate income of a particular amount in order to enable sponsorship. This amount varies depending on the number of children being sponsored.

Disclaimer: No material or information provided on this website should be construed as legal advice. Readers should always seek appropriate professional advice to resolve their Legal Matters.
About the Author
Adarsh Girijadevi

  Adarsh Girijadevi

Adarsh Girijadevi is the founding Director and Head of the Immigration at City Legal Services Ltd. He has immense experience in Immigration Law and is accredited at Level 3 (the highest level) by the OISC.

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