The UK Unmarried Partner visa — sometimes referred to as a UK de facto visa — allows someone in a genuine relationship with a British citizen, or a partner settled in the UK, to live in the country for an initial period of up to 33 months. To qualify, couples must have been in a genuine relationship for at least two years, and must also meet the wider eligibility criteria set out below. This route is open to both opposite-sex and same-sex couples.
Visa holders can apply to extend their stay by a further 30 months, provided they remain eligible. After five years of continuous residence on this route, it becomes possible to apply for permanent settlement (Indefinite Leave to Remain, or ILR).
Who Can Apply
An overseas national may apply for this visa if they have been in a genuine, continuing relationship for at least two years with a partner who:
- Is a British or Irish citizen
- Holds ILR, EU Settled Status, or another form of permanent residence
- Is from the EU, Switzerland, Norway, Iceland, or Liechtenstein, holds Pre-Settled Status under the EU Settlement Scheme, and was living in the UK before 1 January 2021
- Holds a Turkish Businessperson or Turkish Worker visa
- Has been granted UK refugee status or humanitarian protection
Even where these specific conditions aren't met, an application may still be possible if:
- It can be shown that the couple would face serious, insurmountable difficulties living together outside the UK, or
- Refusing the application would breach the applicant's human rights
Eligibility Requirements
To apply for this visa, both partners generally need to satisfy the following conditions:
- Both must be at least 18 years old
- Both must have lived together in a genuine relationship for at least two years, and remain together
- Both must intend to live together in the UK
- The applicant must meet the required standard of English
- The couple must have sufficient funds to support themselves and any dependants
Relationship requirement. Applicants need to demonstrate that their relationship has functioned like a marriage or civil partnership for the past two years. Migratia recommends focusing on clear, consistent evidence of cohabitation over that period, as this is central to satisfying the genuine relationship test (see the documents section below for examples).
Financial requirement. Applicants must show a minimum gross annual income of £29,000 (i.e., before tax and National Insurance deductions). This figure doesn't have to come solely from employment — other acceptable income sources include:
- Self-employment earnings, or income as a director of a UK limited company
- Cash savings above £16,000
- Pension income
- Non-work income, such as rental income or dividends
Where savings are being used to meet part of the requirement, the calculation works as follows:
- Work out the average savings held over the past six months
- Subtract £16,000 from that average
- Divide the remaining amount by 2.5 (reflecting the 2.5-year length of the visa)
For example, £25,000 in savings would reduce the income requirement by £3,600, while £88,500 in savings would be enough to meet the full £29,000 threshold on its own.
Where the UK-based partner receives certain disability or care-related benefits, the couple may instead be able to meet the "adequate maintenance" test rather than the standard minimum income requirement. Qualifying benefits include:
- Carer's Allowance
- Disability Living Allowance
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Attendance Allowance
- Personal Independence Payment
- Armed Forces Independence Payment or Guaranteed Income Payment (Armed Forces Compensation Scheme)
- Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension (War Pensions Scheme)
- Police Injury Pension
English language requirement. Applicants aged 18 to 65 must meet the English language requirement, which can be satisfied in one of three ways:
- Being a national of a recognised English-speaking country, including Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, Malta, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, or the USA
- Holding a degree or other academic qualification taught in English
- Passing an approved English language test at CEFR level A1 or above
Required Documents
Applicants should expect to provide a substantial body of evidence to support their application. Migratia typically advises gathering the following:
- A current passport
- A copy of any biometric residence permit (BRP) held
Evidence relating to the relationship, including:
- The partner's personal details — name, date of birth, nationality, passport, and immigration status
- Evidence of how and when the couple met, and how the relationship has developed (ideally no older than four years)
- Proof of cohabitation, such as shared bills, mortgage or rental agreements, and other joint financial commitments
- Evidence of any caregiving responsibilities between partners
- Details of any previous marriages, civil partnerships, or children the partner has had with someone else, including relevant divorce certificates
- Details of anyone the partner financially supports
Evidence of meeting the financial requirement, such as:
- Bank statements showing income and savings for both partners
- Six months of payslips
- A letter from an employer confirming length of employment, role, salary, and the authenticity of the payslips provided
- Evidence of other income sources, such as pensions or rental property
- P60s
- Details of any previous immigration applications
- Details of any criminal convictions
- A National Insurance number
- Tuberculosis (TB) test results, where required
How to Apply
The application process generally involves:
- Completing the relevant online application form — the form differs depending on whether the application is made from inside or outside the UK
- Paying the application fee and the Immigration Health Surcharge
- Booking and attending a biometrics appointment (fingerprints and photograph) at a UKVCAS centre or Visa Application Centre
- Uploading the required supporting documents
- Attending a Home Office interview, if requested
Migratia's guidance on improving the success rate of an Unmarried Partner visa application offers further practical tips.
Route to ILR
After five continuous years of residence in the UK on this visa, applicants may become eligible to apply for ILR. At that stage, applicants must:
- Still be in a genuine, ongoing relationship with their UK-based partner
- Continue to meet the financial requirement
- Have suitable accommodation in the UK
- Meet the English language requirement at CEFR level B1
- Pass the Life in the UK test
- Meet the general suitability requirements, including having no relevant criminal convictions
Extending the Visa
Anyone wishing to remain in the UK beyond their initial visa period must apply for an extension before it expires. A successful extension grants a further 2.5 years in the UK, after which an ILR application becomes possible.
To extend, applicants must continue to meet the same core requirements as their original application — remaining in a genuine relationship and meeting the financial requirement. One notable change is the English language requirement: applicants who initially met CEFR level A1 will need to demonstrate level A2 at the extension stage.
Migratia's guide to applying for Indefinite Leave to Remain has more detail on this next step.
If Your Application Is Refused
An Unmarried Partner visa application can be refused for several reasons, including:
- Failing to demonstrate a genuine and subsisting relationship
- Failing to meet the financial requirement
- Concerns about the applicant's character
- Missing information in the application
- Providing false or misleading information
- Paying an incorrect application fee
Where an application is refused, Migratia can advise on the options available, which may include:
- Requesting an administrative review, where a Home Office error may have led to the refusal
- Applying for a judicial review to challenge the legal basis of the decision
- Submitting a fresh application
- Applying under a different visa category
- Appealing, where the original application was made on human rights grounds