UK Unmarried Partner Visa Lawyers for Clients in Canada & the USA

UK Unmarried Partner Visa Lawyers for Clients in Canada & the USA

Specialist UK Immigration Lawyers Representing Unmarried Partner Visa Applicants from Canada and the United States

Awards and Accreditations

Definition of a UK Unmarried Partner Visa

A UK Partner Visa is a type of visa that allows a non-UK citizen to join their partner in the UK, provided they meet certain immigration status requirements. This visa is designed for individuals whose partners are UK citizens, settled in the UK, or have refugee status or humanitarian protection. Often referred to as a “family visa” or “partner visa,” it enables couples to live together in the UK, even if they are not legally married. This visa category includes various subtypes, such as the Unmarried Partner Visa, which caters to those in a common-law relationship.

The UK Unmarried Partner Visa is for applicants who have been in a common-law relationship with a British Citizen or Permanent Resident for a minimum of two years and who have amalgamated their financial affairs to a significant degree. Common law partner sponsorship requires evidence of cohabitation and a commitment similar to marriage. Understanding the immigration process is crucial, as it involves providing thorough documentation and evidence of your relationship.

Benefits of a UK Unmarried Partner Visa

Obtaining a UK Partner Visa comes with several significant benefits. Additionally, obtaining this visa grants you certain legal rights, such as the ability to work and access public services in the UK. Firstly, it allows you to live and work in the UK alongside your partner, providing stability and the opportunity to build a life together. Additionally, you will have access to the UK’s National Health Service (NHS), ensuring you receive necessary medical care. One of the most appealing advantages is the pathway to permanent residence; after five years of continuous residence in the UK, you can apply for Indefinite Leave to Remain (ILR). Furthermore, the visa permits you to bring your dependent children to the UK, ensuring your family remain united.

How Can Sterling Immigration Help With Your Unmarried Partner Visa?

Navigating immigration law can be daunting, especially when it comes to something as critical as an Unmarried Partner Visa. Engaging an immigration lawyer like those at Sterling Immigration can significantly enhance your chances of a successful application.

Here are some ways Sterling Immigration can assist with your Unmarried Partner Visa application:

  • Expert Guidance: Sterling Immigration lawyers are experts in UK immigration law. We are familiar with the latest rules and regulations and can provide comprehensive advice tailored to your individual circumstances.
  • Document Review: You need to submit the correct documentation to evidence your relationship and meet the various legal requirements. Sterling Immigration can review your documents to ensure they are sufficient and appropriately presented. It is crucial to provide comprehensive documentation for a common law sponsorship application to prove the legitimacy of your relationship.
  • Application Completion: The application requires detailed information, and mistakes or omissions could lead to delays or even refusal. We can help you complete your sponsorship application accurately and avoid common pitfalls.
  • Representation: If there are any complications or challenges with your application, your lawyer can correspond with UK Visas and Immigration on your behalf and represent you in any appeals if necessary.
  • Application Tracking: Sterling Immigration can monitor the progress of your application and keep you informed, alleviating some of the stress and uncertainty of the process.
  • Future Planning: Sterling Immigration can advise on longer-term considerations, such as visa extensions and applications for Indefinite Leave to Remain.

By leveraging our experience and expertise, you can navigate the Unmarried Partner Visa application process with greater confidence and peace of mind. Our goal is to enhance your chances of a successful outcome.

The Unmarried Partner Visa - an Overview

The Unmarried Partner Visa, also known as the De Facto Visa (or, for same-sex couples, the Same-Sex Partner Visa), permits the partner of a UK citizen or settled person to join them in the UK. Being legally married involves having a ceremony recognized by law, which differentiates it from common-law partnerships and other relationship types.

The primary criterion for this visa is that the unmarried couple must have lived together in a relationship akin to a marriage or civil partnership for at least two years before the application. The process also requires demonstrating proof of a genuine relationship, appropriate financial means, and suitable accommodation, among other things.

When granted, an Unmarried Partner Visa is usually valid for 33 months if applying from overseas or 30 months if applying from within the UK. After the initial period, you can extend your stay for another 30 months, taking your total time to five years. After five years, you can seek Indefinite Leave to Remain (ILR), provided you still meet the key requirements.

Applying for an Unmarried Partner Visa can be complicated, as the Home Office frequently updates its rules. Any inaccuracies or omissions in the application could lead to its rejection, which is why legal advice is always recommended.

If successful, this visa will be valid for 6 months. Even if you are from a visa-exempt country you would still require this visa in order to get married in the UK. You must intend to marry during your visit to the UK and must demonstrate that you intend to leave the UK before the expiry of your visa.

Unmarried Partner Visa Requirements

Unmarried Partner Visas are subject to strict relationship requirements set by the Home Office. The criteria include:

  • Both parties must be over the age of 18
  • They must have met each other in person
  • They must have no other ongoing relationships
  • The relationship must be akin to a marriage
  • Neither person may be related to the other in a prohibited way

Other requirements include:

  • Genuine and Subsisting Relationship: You must provide comprehensive evidence that your relationship is genuine and continuing. This may include shared financial responsibilities (e.g., joint bank accounts), correspondence addressed to both parties at the same address, joint ownership or rental of property, etc.
  • Living Together: The cohabitation requirement states that you must have been living together ‘akin to a marriage or civil partnership’ for a qualifying period of at least two years before the visa application. You’ll need to provide joint leases, utility bills, bank statements, and similar documentation as evidence of cohabitation. Permanent residents can also sponsor their common-law partners if they meet the cohabitation requirement.
  • English Language Proficiency: The partner seeking to live in the UK must be proficient in English. If you are from an English-speaking country like Canada, Australia, or the United States, you are exempt from this English language requirement, as your fluency will be assumed. However, additional information may be required if English is not your first language.
  • Suitable Accommodation: You must have suitable accommodation available in the UK. It may not be overcrowded and must meet the standard of living set out in the Housing Act. (You will be required to submit a Housing Evaluation Report in support of your application.)
  • Adequate Maintenance Funds: The British partner must have a certain income threshold to show they can support the applicant without recourse to public funds. As of 2025, the financial requirement is a minimum gross annual income of £29,000. The British sponsor must also commit to providing financial support for the applicant.

Accommodation Standards and Adequate Housing Evidence for UK Visa Approval

Ensuring that you have suitable accommodation in the UK is crucial for a successful Spouse Visa application.

Adequate Housing Evidence

To demonstrate suitable accommodation for the applicant and any dependents, various types of evidence are required. These may include:

  1. Property deeds,
  2. Mortgage documents,
  3. Tenancy agreements,
  4. Letters from landlords or family/friends,
  5. Utility bills,
  6. Housing report prepared by a Chartered Surveyor.

Overcoming Accommodation Obstacles

Failure to provide sufficient evidence of accommodation in the UK is a common reason for refusal of UK Spouse Visa applications. Potential issues with housing arrangements in the UK Spouse Visa application process can be addressed through various strategies. These may include obtaining additional documentation, seeking legal advice, and exploring alternative housing options.

UK Unmarried Partner Visa Processing Time

The Home Office’s standard processing time for Unmarried Partner Visa applications submitted from outside the United Kingdom is 60 business days.

Should you want to have your application for a UK Unmarried Partner Visa expedited, you can pay for the Priority or Super Priority Visa Service. You can expect your application to be finalized and a decision rendered within thirty business days.

How Long is a UK Unmarried Partner Visa Valid For?

If your application for a UK Unmarried Partner Visa from overseas is approved, your initial visa will be valid for 33 months. 

Before your initial Unmarried Partner Visa expires, you must apply to UKVI to extend your stay. If your application for an extension of stay is approved, you will be granted further leave to remain in the UK for 30 months.

After living in the UK for five years as an unmarried partner, you can apply for indefinite leave to remain.

Extending a UK Unmarried Partner Visa

To eventually obtain Indefinite Leave to Remain (permanent residence), you must lawfully reside in the UK for at least five years, which means that your initial UK Unmarried Partner Visa will have to be extended for another two-and-a-half-year period. To apply for this extension, you must meet the following requirements:

  • You must remain in a committed relationship with your British sponsor and your relationship must remain genuine and subsisting.
  • You must have lived with your partner in the UK for at least two years before the date of your application.
  • You must pass the Life in the UK Test and meet the English language requirements.
  • You must be able to support yourself and any dependents without relying on public funds.
  • You must not have a criminal record or pose a threat to national security.
  • You must meet the suitability requirements for the UK Unmarried Partner Visa extension, including complying with UK immigration laws.

When applying for the extension, you will need to provide supporting documents, including your valid passport, evidence of your relationship, proof of your partner’s immigration status in the UK, and the visa application fee. Additionally, evidence of your relationship with your partner, such as photographs, shared bills or bank statements, and joint tenancy or mortgage agreements, is crucial.

During the application process, the UKVI may request an interview to verify your relationship with your partner. Being well-prepared, honest, and having all the necessary evidence on hand is essential for a successful interview.

Indefinite Leave to Remain (ILR)

To qualify for permanent residence, known as Indefinite Leave to Remain (ILR) in the UK on an Unmarried Partner Visa, you must meet the following key eligibility criteria:

  • Residency Period: You must have lived in the UK on a valid Unmarried Partner Visa for at least five years. This is the minimum continuous period of residence required to be eligible for ILR.
  • Lawful Residence: Throughout your five-year residency period, you must have maintained lawful status and complied with all immigration rules and regulations.
  • Genuine and Subsisting Relationship: You must provide evidence that your relationship with your British partner is genuine and subsisting. The UKVI will assess the authenticity of your relationship, looking for evidence such as joint financial commitments, shared living arrangements, and communication records.
  • Financial Requirements: You must demonstrate that you and your British partner meet the financial requirements for ILR. This typically involves proving that you have enough income or savings to support yourselves and any dependents without relying on public funds.
  • Language and Knowledge Test: As part of your ILR application, you must pass the Life in the UK test and meet English language proficiency requirements. This involves demonstrating your understanding of British life, history, and society as well as your ability to communicate in English.
  • Good Character: You should have a clean criminal record, free of any criminal activities or immigration violations.
  • Continuous Residence: It’s important to ensure that you have not spent long periods of time outside the UK during your five-year residency period. There are strict rules about absences, and prolonged time spent abroad may impact your eligibility for ILR.

As the ILR application process is a significant step towards settling permanently in the UK, it is recommended to seek guidance from an immigration lawyer to ensure that you meet all the criteria. After securing ILR, you can live in the United Kingdom permanently and then qualify for British Citizenship. 

Do You Have Questions About the UK Unmarried Partner Visa Process?

The legal and evidential criteria for entering the UK as an unmarried partner have become increasingly stringent. With UK Unmarried Partner Visa appeal waiting times now exceeding a year, it is crucial to have a well-prepared application from the start to secure a successful outcome.  Meeting the entry requirements which are specific to your situation and your country of origin or residence, is essential for a successful UK Unmarried Partner Visa application.

At Sterling Immigration, we are dedicated to facilitating a swift and seamless transition into the next exciting chapter of your family life, with minimal disruption and expense. Our experienced team will guide you through the extensive requirements of the Immigration Rules and Policy Guidance, particularly concerning the financial criteria. We understand the significance of meeting these standards and will work diligently to increase your chances of approval. For more information, please schedule a consultation today.

Contact Us

UK Legal Advice

Book your UK visa application appointment in USA.

UK Unmarried Partner Visa Frequently Asked Questions

The UK Unmarried Partner Visa, sometimes called a UK Partnership, British Partner Visa, UK Unmarried Visa or UK Partner Visa, allows you to join your British or settled partner in the UK if you’ve been living together in a relationship similar to marriage for at least two years. This visa is for couples who aren’t married or in a civil partnership but have built a life together, cohabited for two years and amalgamated their finances. The relationship must be genuine, and you need to prove you’ve been cohabiting continuously for the required period before applying.

The main difference lies in your marital status when submitting your visa application. A spouse visa requires you to be legally married to your British partner, while the UK Unmarried Visa is for couples who have been living together in a relationship akin to marriage for at least two years without being legally married.

Both visas have the same financial and accommodation requirements, and both provide a pathway to settlement after five years. The key distinction is that unmarried partners must provide extensive evidence of cohabitation and shared finances over the two-year qualifying period.

To qualify for a UK Partner Visa, you must meet several requirements. Both you and your partner must be at least 18 years old. Your British partner must be either a UK citizen, have Indefinite Leave to Remain, or hold refugee status or humanitarian protection. You must have lived together continuously for at least 2 years in a relationship similar to marriage, meaning you shared a home and combined your finances. Neither of you can be married to or in a civil partnership with anyone else, and you cannot be related to each other in a way that would prohibit marriage under UK law.

The Home Office application fee for a UK Unmarried Partner Visa is £1,938. For American applicants, this is approximately $2,500 USD; for Canadian applicants, roughly $3,400 CAD.

In addition to the application fee, you will also need to pay the Immigration Health Surcharge, which is £1,035 per year. For a 33-month visa, that works out to £3,105 in total (approximately $4,100 USD or $5,500 CAD). If you want to expedite your UK Unmarried Partner Visa application, you can pay for priority or premium processing.

Your British partner must demonstrate a minimum gross annual income of £29,000 (approximately $37,000 USD or $51,000 CAD). This income can come from employment, self-employment, savings above £16,000, pension income, rental income, or dividends. In certain situations, you can combine different sources of income, or income and cash savings.

The £29,000 threshold is your pre-tax or gross income. If your partner works in the UK, their P60 and payslips need to show this gross amount. For partners currently working in the USA, W-2 forms must show that your British partner earns at least $37,000 USD before taxes. For those working in Canada, T4 slips must reflect a gross income of at least $51,000 CAD.

The accommodation requirements for an Unmarried Partner Visa state that the couple must have suitable accommodation available in the UK. ‘Suitable’ means that it has to meet certain conditions:

  • Adequate Size: The property must have enough space for the couple and any dependents. The British Government refers to the ‘rooms standard’ and ‘space standard’ outlined in the Housing Act 1985 to assess this criterion.
  • Free from Public Health Hazards: The property must be free from any health hazards, such as pests or mould.
  • Permission to Reside: The couple must have permission to reside on the property. This might mean owning the property or having a lease if renting.

You will need to provide evidence of your adequate accommodation arrangements. Examples include a letter from a landlord, mortgage statements, a deed of ownership, or a rental agreement.

Yes, you can use cash savings either on their own or combined with income to meet the £29,000 requirement. Only savings above £16,000 count, and you divide that excess amount by 2.5 to calculate the annual income equivalent. For example, if your British sponsor earns £20,000 per year, you need an additional £9,000 in income. To provide this through savings, you’d need £38,500 total: (£9,000 × 2.5) + £16,000.

To meet the entire requirement using only cash savings, you would need £88,500 (approximately $113,000 USD or $155,000 CAD). The savings must have been held for at least six months before you apply (subject to specific exemptions), and can be held in your, your partner or your joint names.

If your British sponsor is currently working in the United States, you’ll need to gather several documents. Specifically, your British sponsor should provide six months’ US pay stubs, their latest W-2 forms that reflect a minimum gross annual income of $37,000 USD, and a comprehensive employment letter from their US employer that verifies their job title and salary. Additionally, it’s important to include 6 months of US bank statements showing salary deposits corresponding to their pay stubs.

If your partner is self-employed in the USA, you’ll need to provide IRS Form 1040 along with complete tax transcripts. All foreign income must be converted to GBP using the OANDA exchange rate from the date you submit your application.

For British sponsors currently employed in Canada, they will need to provide six months of Canadian pay stubs, their most recent T4 slips showing at least $51,000 CAD in gross annual income, a Canadian employment letter confirming the position and salary, and six months of Canadian bank statements showing their salary deposits.

Self-employed sponsors must submit their most recent T1 General and CRA Notice of Assessment. After converting the relevant figures to GBP, their total annual income must be at least £29,000. The Vancouver office of Sterling Immigration can review your Canadian financial documents to ensure compliance with UKVI standards.

You need comprehensive documentation covering the entire two-year cohabitation period. This evidence can include joint tenancy agreements or mortgage documents, joint utility bills (gas, electricity, water), council tax bills, joint bank account statements, and official correspondence from government departments or financial institutions. The documents should cover the entire two-year period and come from multiple official sources.

If you have gaps in joint documentation, you can supplement with documents addressed to each of you individually at the same address. However, jointly addressed evidence is much stronger.

Beyond proving cohabitation, you must demonstrate that your relationship is genuine and continuing. Include photographs of you together throughout your relationship, evidence of joint financial responsibilities like shared credit cards or loans, joint ownership of assets or property, communication records if you’ve spent time apart, statements from friends and family who know you as a couple, and evidence of shared responsibilities such as joint insurance policies or being named as beneficiaries on each other’s accounts. You need to demonstrate to the Home Office that you are in a committed relationship and that you are not just housemates sharing accommodation.

This can create challenges with your UK Unmarried Partner Visa application. The two-year cohabitation requirement is strict, and you will need to provide evidence covering the entirety of these two years. If you have gaps, you’ll need to explain them and provide as much supporting evidence as possible from other sources.

For example, if you couldn’t get joint bills at one address, you might provide documents addressed to each of you individually at that address, along with statements from landlords or friends confirming you lived together. Consulting with an immigration lawyer, such as Sterling Immigration, becomes especially important when your documentation isn’t straightforward.

No, you’re automatically exempt. US and Canadian citizens come from English-speaking majority countries, so there’s no requirement to take the IELTS, PTE, or any other English-language test. You won’t need to provide any proof of English proficiency. This exemption applies regardless of where you were born or what your native language might be—your citizenship is what matters.

US citizens and residents can submit their UK Partner Visa application from any location within the United States. You complete the online application form, then schedule and attend a biometric appointment at one of the many Application Support Centres or premium VFS centres throughout the country. These facilities are located in major cities, including New York, Los Angeles, Chicago, Houston, San Francisco, and Washington DC, as well as numerous locations across all 50 states.

Canadian citizens can apply from anywhere in Canada. After completing the online application, you’ll attend a biometric appointment at one of the designated visa application centres in major cities, including Vancouver, Toronto, Montreal, Calgary, Ottawa, and Edmonton. Sterling Immigration’s Vancouver office is located in the downtown core, just a short walk from the VFS Office at 580 Hornby Street, and we can assist on the day of your biometric appointment if needed.

For applications submitted from both the USA and Canada, standard processing takes approximately 12 weeks (60 business days) from the date of your biometric appointment. If you need a faster decision, Priority Service costs an additional £500 ($650 USD or $900 CAD) and typically provides a decision within six weeks. Super Priority Service, costing £1,000 extra ($1,300 USD or $1,750 CAD), delivers decisions within five working days, though this option is only available at select premium VFS centres.

Yes, Sterling Immigration operates an office in Vancouver specifically to serve clients throughout British Columbia and the rest of Canada. Our Vancouver-based immigration lawyers focus on all types of UK partner visas, including unmarried partner applications. We’re familiar with Canadian financial documents such as T4 slips and NOAs, and we offer consultations in a time zone convenient for West Coast clients. Our office is located in downtown Vancouver, within walking distance of the VFS visa application centre.

Sterling Immigration serves clients across Canada, including Toronto and the Greater Toronto Area. While our primary Canadian office is in Vancouver, we provide comprehensive remote consultations and full application support to Toronto-based clients. We work with couples throughout Ontario—including Ottawa, Mississauga, Brampton, Markham, London, Kitchener, and Windsor—delivering the same high-quality service wherever you are located in Canada.

If your application is approved and you’re applying from outside the UK, your initial UK Partnership Visa will be valid for 33 months (approximately 2 years and 9 months). If you’re applying from within the UK by switching from another visa category, your visa will be valid for 30 months. Before this period expires, you will need to apply for an extension of leave to remain in the UK with your partner.

Before your initial visa expires, you must apply to extend your stay. To qualify for the extension, you need to show that you’re still in a genuine relationship with your British partner, you’ve been living together in the UK, you continue to meet the financial requirement of £29,000, you have adequate accommodation, and you meet the English language requirement at a higher level (CEFR A2 instead of A1). You’ll also need to pass the Life in the UK test. If approved, the extension grants you a further 30 months in the UK.

The pathway works like this: you begin with an unmarried partner visa (33 months if applying from abroad), then extend it for another 30 months. After five years of lawful residence in the UK on this visa route, you become eligible to apply for Indefinite Leave to Remain (ILR), also known as permanent residence. Once you have ILR, you can apply for British citizenship after one additional year if your partner is a British citizen, or after 12 months if your partner is a settled person who isn’t a British citizen.

Yes, the UK Unmarried Partner Visa grants you full, unrestricted work rights. You can work for any employer, in any job, in any industry, with no limitations. You don’t need sponsorship or a separate work permit. Whether you’re looking for employment in London, Manchester, Edinburgh, or anywhere else in the UK, your partner visa allows you complete freedom to pursue any career path.

Yes, you can include dependent children in your application. Under current rules, including dependent children does not increase the £29,000 income threshold. However, you must demonstrate that there is adequate accommodation for your entire family in the UK. You will need to pay an additional visa application fee of £1,938 (approximately $2,500 USD or $3,400 CAD) for each child, plus the Immigration Health Surcharge. Your children must be under 18, not leading independent lives, and not married or in a civil partnership.

If you intend to bring dependent children from a previous relationship with you to the UK, you should consult with an immigration lawyer, such as Sterling Immigration, to ensure you meet the requirements. 

To demonstrate that you have suitable accommodation in the UK that complies with Housing Act standards, you need to provide acceptable proof of residence. This can include mortgage statements showing that you or your partner are the owners, a tenancy agreement if you plan to rent, or letters from landlords confirming your living arrangements. If you are staying with family or friends, a letter from them, along with documentation showing they own or rent the property, will also be acceptable. In some cases, particularly for shared accommodation or when staying with others, you may need a housing inspection report prepared by a chartered surveyor to confirm the property meets space and safety requirements and will not be overcrowded as a result of your arrival.

Yes, rental income generated from properties in the UK or abroad can be applied towards the £29,000 threshold. You will need to provide tenancy agreements outlining the rental arrangements, bank statements showing the rental payments received, mortgage statements (if applicable), and evidence proving ownership of the property. US applicants with rental properties should include IRS Schedule E showing net rental income converted to GBP. Canadian applicants need to include form CRA T776 showing net rental income, also converted to GBP using official exchange rates.

The two-year cohabitation requirement is one of the strictest aspects of the UK Partnership Visa. The Home Office expects continuous cohabitation, and significant breaks can be problematic. Short separations due to work commitments, family emergencies, or similar temporary situations may be acceptable, provided they are well-explained and documented. However, you need to provide strong evidence that you maintained your relationship and shared household during those periods. Extended separations or living at different addresses for a considerable time will likely result in not meeting the two-year requirement.

No, unlike the fiancé visa, the UK Unmarried Partner Visa does not require that you demonstrate an intention to marry. This visa is specifically for couples who choose to remain unmarried but have a committed, long-term relationship similar to marriage. You are demonstrating the strength and permanence of your existing relationship through your two-year cohabitation history and shared finances, not through plans for a future marriage ceremony.

If your initial application is refused, you do have options:

  • Administrative Review: If your application is refused and you believe a caseworker error was the issue, you may be able to apply for an administrative review, which is a review of the decision by a different official at the Home Office. The request for administrative review must be made within 14 days (or seven days if you are detained) of receiving the decision.
  • Appeal: Depending on your circumstances, you might have the right to appeal to the First-tier Tribunal (Immigration and Asylum Chamber). There are strict timelines and procedures for appealing, so you should act quickly if you wish to take this route.
  • Reapplication: If you accept the grounds on which your initial application was refused, you can address these issues in a fresh application. For example, if you were denied because of insufficient documentation or not meeting the financial requirement, you could rectify these issues before reapplying. 

At Sterling Immigration, we can help you understand why your application was refused and what the best course of action might be.