The immigration Rules and the EEA regulations defies the term ‘unmarried partner relationship’ as:
“Two persons living together in a relationship akin to marriage for at least two years”
Unmarried partners are given the same rights as those enjoyed by the spouses of either settled persons, EEA nationals exercising treaty rights or of persons with limited leave to remain in the UK.
Apply to Settle in the UK with AWH Solicitors
The expert immigration solicitors at AWH can help you apply to settle in the UK indefinitely as the unmarried partner of a settled person.
For personalised advice and guidance on how you can settle in the UK with your partner call or email us today.
The following persons can invite their unmarried partners to join them in or accompany them to the UK:
- A person present and settled in the UK
- EEA national exercising Treaty Rights in the UK
- A person having limited leave to remain in the UK, excluding students and other temporary categories of short duration
Further requirements that have to be met are:
- Both parties are to be over 18 at the time of applying
- They are “present and settled in the UK”. This means that the settled person must be physically present in the UK at the time of the application, unless they are accompanying the applicant. They hold either indefinite leave to remain, a permanent right of residence, British citizenship or a Right of Abode in the UK
- Both parties intend to live together permanently
- The applicant can meet the maintenance requirements and can live in the UK without help of public funds
- The applicant can provide evidence of arranged accommodation
- The applicant meets the English language requirements - level A1 of the Common European Framework of Reference
The applicant will have to prove they will be able to meet the financial requirements.
If the person residing in the UK wishes to sponsor the applicant they have to earn a minimum wage of £18,600 in order to sponsor spouses, fiances, partners and civil partners for settlement in the UK.
If a child is also sponsored the minimum earnings requirement will be £22,400 and an additional £2,400 for each further child.
Length of stay
If your application for entry clearance is successful you will be granted permission to live in the UK for a period of 33 months. After this period you will need to apply for a further 30 months before being eligible to apply for settlement after a minimum stay of five years in the UK.
If you are already in the UK you would be granted 30 months’ leave after which you would need to apply for another 30 months’ leave in order to complete the required five years in the UK before being eligible for settlement.
If the unmarried partners choose to get married the applicant could apply for leave as a spouse and be given a further 2.5 years’ leave to remain as the spouse of a person present and settled in the UK.
Documents to provide
Documentation that can help prove you can meet your financial requirements:
- Income from employment or self-employment of the sponsor and/or the applicant if they are in the UK with permission to work
- Specified non-employment income of the sponsor and/or applicant
- State (UK or foreign) or private pension of the sponsor and/or applicant
- Any maternity allowance and bereavement benefits received in the UK by the sponsor and/or applicant
- Cash savings of the sponsor and/or applicant above £16,000, held by the sponsor and/or applicant for at least six months and under their control
- Exemption from the financial requirement, where the sponsor is in receipt of a specified disability-related benefit or Carer’s Allowance in the UK
Indefinite Leave to Remain
After being on the unmarried partners visa for five years you may be eligible to apply for ‘settlement as an unmarried partner of an EEA national exercising Treaty Rights in the UK’. EEA nationals can be divided into two categories:
Those having full rights of work and residence without any requirement to register with the UK Border Agency
Unmarried partners can make an application for a family permit and then make an application for a residence card in line with the registration certificate of the sponsor.
Those requiring registration with UK Border Agency if they take employment
Unmarried partners can make an application for a family permit and then make an application for a ‘Family Member Residence Stamp’ if their partner is subject to work authorisation, and a Residence Card if not.
Important to note:
- It is at the discretion of the Entry Clearance Officer to issue an EEA family permit to an unmarried partner
- Unmarried partners are permitted to take any employment or be self-employed whilst their partners are exercising their treaty rights in the UK
Permanently Settling in the UK
Unmarried partners can make an application for permanent residence on successfully completing five years residence under the EEA Regulations 2006.
Being a dependent of a person with limited leave to remain, the unmarried partner would be permitted to seek employment or be self-employed during the currency of his or her leave.
The applicants are normally granted the visa valid in line with the sponsor’s visa and it is expected that they leave the country together with the sponsor if the sponsor does not intend to settle in the UK. However, if the sponsor qualifies for settlement the dependant would generally also qualify for settlement in line with his or her sponsor.
Apply with the Help of AWH Solicitors
Do you think you are ready to apply for settlement in the UK? Let us help you.
We can help you through your application process from beginning to end, ensuring you the best chance at a swift approval.
Call us today on 0844 414 0667 or request a call back for a time that suits you best.
Due to the large amount of services and the complexity of each case we cannot provide any standardised fees without knowing a little bit more about your situation.
However, if you get in touch with us we can discuss in detail what charges you can suspect and what fees we will charge.
Full transparency at all times
We aspire to be completely transparent on pricing from the beginning, so none of our clients will ever be surprised at the end of the process.
Furthermore, we believe advice and support from our team of solicitors should be affordable to those in need.
This is why we provide competitive prices across our range of services.
|Immigration solicitor fees|
|30 minute consultation||£60 + VAT|
|Visit visa applications||From £700 + VAT|
|Entry clearance cases - spouses||From £900 + VAT|
|Extension of visas||From £900 + VAT|
Please be aware that cost may differ depending on your personal circumstances.
The consultation fee is discounted at the end of the case if we are instructed.
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