The Unmarried Partner visa also known as the UK defacto visa allows the unmarried partner to enter or remain in the UK on the basis that they are in a relationship with a person who is present and 'settled in the UK'. The Unmarried Partner visa applies to both heterosexual and same sex relationships provided that you can prove that your relationship is subsisting and has been in existence for two or more years.
If your application for an unmarried partner visa is successful you will be eligible to work in the UK as soon as the visa is granted. 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.
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. 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.
