General Application Guidance: Basics You Need to Know
This article outlines the fundamental requirements you need to meet to have a successful Partner Visa UK application. If you believe your application requirements are more complex and require help.
Author Bio
Marc Gibson a Registered Immigration adviser with OISC (Office Immigration Services Commissioner). Marc founded MYG Ltd in 2005 as a sole practitioner.
Marc specialises in Family Immigration Advice and Citizenship Services, his aim is to help individuals, families and businesses navigate the complex UK Immigration rules and procedures. His mission is to ensure those who meet the partner visa UK requirements can be reunited with their families, start their own businesses, or study in the UK.
Introduction to Family visa & Dependent visa to UK:
Love knows no boundaries, and everyone should have the right to live meaningfully with their loved ones. Whether you are applying within the UK or from outside the UK, chances are you will need a visa to either come to the UK or continue living there with your partner. If you are in a committed relationship and your partner is a foreign national settled in the UK or is a British or Irish citizen, and you wish to join them to live in the UK, you will need to apply for an unmarried dependent visa to the UK.
Selecting the right legal representative is crucial during the visa application process, especially when considering the use of an immigration adviser or solicitor to submit your application. For more information about selecting the right legal representative check out our other post.
Eligibility Criteria for Unmarried Dependent Visa applicants:
To be eligible for the Unmarried Partner Visa in the UK, you must meet the following core requirements:
Proof of Genuine Relationship: You need to provide substantial evidence to demonstrate that you are in a genuine and committed relationship with your partner. This can include joint financial commitments, shared living arrangements, letters of support from family and friends, and any other relevant documents that showcase your relationship's authenticity.
Living Together: You must prove that you have been living together with your partner for at least two years in a relationship akin to marriage. This requirement helps establish the credibility of your commitment to each other.
Financial Requirement: The sponsoring partner (settled in the UK or British citizen) needs to meet the minimum income threshold set by the UK government. This ensures that they can financially support you without recourse to public funds. Certain exemptions and alternative sources of income may be considered.
Accommodation: You must demonstrate that suitable accommodation is available for you and your partner in the UK. This can be in the form of owning or renting property that meets the necessary standards for habitation.
English Language Proficiency: If you are a non-English speaking national, you may need to pass an English language test from a Home Office-approved provider to prove your ability to communicate effectively in English.
Tuberculosis Test (TB): Depending on your country of origin, you may need to undergo a TB test at an approved clinic before applying for the visa.
Core Application Requirements for Dependent visa / Family Visa UK:
To apply as for Partner dependent visa in the UK , you need to meet the following requirements:
Relationship Eligibility:
You and your partner must be over 18 years old.
Currently living and settled in the UK or planning to return together to permanently settle in the UK.
Your partner must be an Irish, British citizen, or someone settled in the UK, holding indefinite leave to remain, settled status, or permanent residence.
EU citizens, Swiss, Norway, Iceland, or Liechtenstein nationals with pre-settled status living in the UK prior to 1 January 2021, registered on EU Settlement Scheme, or individuals with UK refugee status or humanitarian protection are also eligible.
Demonstrating the Relationship:
You and your partner must provide evidence that you are not blood-related.
You must have been living together in a relationship akin to marriage or civil partnership for at least 2 years.
The relationship should be sustained, existing, and genuine for a minimum of 24 months.
Any previous marriages or civil partnerships of either partner must be legally dissolved.
English Language and Financial Requirements:
You must meet the UKVI English language requirements or qualify for an exemption.
You and your partner should be financially capable of supporting yourselves and any dependents without accessing public funds.
Adequate accommodation for all dependents and yourselves, without the need to access public funds, must be demonstrated.
If you are returning with your partner to the UK, they must meet the minimum income requirements under Appendix FM. Joint household incomes can be used to apply if you are already in the UK with valid leave to remain.
Length of Stay:
When you apply to come to the UK for the first time, you will receive an entry clearance visa, and your BRP card will be granted for 33 months. If applying from outside the UK, you will initially receive an entry clearance vignette stamped into your passport, allowing travel for up to 28 days from the date of issue.
When you apply to come to the UK for the first time you will receive an entry clearance visa your BRP card will be granted for 33 months. Out of country applications are initially granted as a entry clearance vignette stamped into your passport allowing travel up to 28 days from the date of issue.
Switching Categories:
You may be eligible to switch into Further Leave to Remain as an Unmarried or Same-sex dependent, depending on your current visa category. Certain switching scenarios are allowed, while others may require you to leave the UK and apply through entry clearance via your country of residence.
Natural Progression to Permanent Residence:
Before your "Entry clearance" or "Further Leave to Remain" visa expires, you will need to apply for an extension visa under "Further Leave to Remain" again. If successful, you will receive a further 30 months.
Once you have accumulated 60 months of leave to remain in the UK, you can apply for Indefinite Leave to Remain (settlement or permanent residence), provided you meet the application requirements.
After obtaining Indefinite Leave to Remain, you may be eligible to apply for Naturalisation (British Citizenship) immediately after receiving your Permanent Residence BRC ID card.
Disclaimer:
The information provided in this guide is for general purposes and is subject to regular changes in immigration rules. For more in-depth advice and assistance, it is highly recommended to contact a legal representative directly. All enquiries receive a free initial application assessment to determine how you meet the general application requirements for the above application route.
Let's get your Dependent Visa UK Application started together! Click the link for assistance and support.
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