Introduction to Unmarried partner visa UK application process:

When applying through entry clearance for a UK Unmarried partner visa, your partner must meet the minimum income threshold under Appendix FM in their own rights or demonstrate they have an exemption.

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If you are eligible to apply for further leave to remain (FLR-M) from within the UK, you can rely on joint household income if you are eligible to work under your current leave to enter / remain or demonstrate your partner has an exemption.

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How to met the income requirements through ‘adequate maintenance’ when you have an exemption 

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If your UK Long-term partner has a long term illness or disability and receives any of the following benefits or allowances through the Department of Work & Pensions in the UK, then you may be eligible to apply under "adequate maintenance" criteria through appendix FM.

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To meet the income threshold you will need to provide evidence of “adequate maintenance” rather than demonstrating you meet the minimum income threshold criteria confirmed in more detail below. Your application can be considered on “adequate maintenance” grounds by providing supporting evidence of any of these benefits.

 

• 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 under the Armed Forces Compensation Scheme

• Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme

• Police Injury Pension

 

“Adequate Maintenance” threshold criteria will continue to apply on your next visa application as long as your partner continues to receive any of those benefits or allowances indicated above at the time of your next application submission.

 

UK Civil Partner visa Financial Categories under Appendix FM

 

The income criteria for everyone else can be demonstrated through one or more of the following 5 categories:

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Category A: In employment with current employer for 6 months or more

 

If you apply from outside the UK your partner (sponsor) will need to demonstrate they met Appendix FM income  requirements in their own right.  If you are already in the UK holding leave to remain with permission to work your application can be considered under joint household income.

 

Joint household income is a combination of both "Sponsors & Applicants" joint employment income from all income sources recognised under Appendix FM. You can combine Category C: non-employment income, Category D: cash savings and Category E: pension if necessary to meet the minimum income requirement of £18,600 per annum when applying under Category A.

 

Category B: Less than 6 months with employer or has variable income

 

This category is used when your partner and/or you are in the UK with permission to work. Either your partner and/or you are in salaried or non-salaried employment at the date of application submission, haven't been with the same employer and/or not earning the same income level relied upon in the application for at least 6 months prior to the submission date of your civil partnership application.

 

Category B can be used by anyone who has been with their current employer for less than 6 months, or who has been with their current employer for more than 6 months but their earnings our variable and need to be considered under category B rather than under Category A.

 

Category B, income requirements must be met and evidenced in 2 parts.

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Part 1:

 

First, your partner and/or you (with permission to work in UK) must be in salaried employment at the date of application submission and have been in employment with a new employer for less than 6 months, you can count the gross annual salary at the date of application towards the income requirements if your income exceeds £18,600 under appendix FM for this new employment period.

 

Part 2:

 

To meet part (2) your partner and/or you must have received in the 12 months prior to the application submission date combined level of income required to meet part (2) of the calculation for Category B exceeding £18,600 per annum.

 

Category C: Non-employment income

 

Non-employment income, is from property rental or dividends from shares.

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• property rental

• dividends or income from investments, stocks and shares, bonds or trust funds

• interest from savings

• maintenance payments from a former partner of the applicant.

• UK Maternity Allowance, Bereavement Allowance, Bereavement Payment

• Widowed Parent’s Allowance

• payments under the War Pensions Scheme,

• Armed Forces Compensation Scheme

• The Armed Forces Attributable Benefits Scheme

• Maintenance grant or stipend (not a loan) associated with undergraduate

study or postgraduate study or research

• ongoing insurance payments

• ongoing payments from a structured legal settlement

• ongoing royalty payments

 

Category D: Cash Savings

 

If you and or your partner have cash savings above £16,000, these can be used solely or in combination with salaried or non-salaried employment. UK Unmarried partners who rely on cash savings to satisfy income  application requirements should bare in mind the level of cash savings required on a entry clearance & further leave to remain application is different from the level needed when applying for indefinite leave to remain.

 

Category E: Pension income

 

If your partner or both of you are retired you can use your State (UK or foreign), occupational or private pension to demonstrate you meet Appendix FM requirements.  Pension income can be combined with categories A-D in order to meet Appendix FM requirements.

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Category F & G: Self-employed

 

If you are self-employed you can use Income generated through your self-employed activities, including income as a company director or employee of a specified limited company in the UK, or yourself if you are in the UK with permission to work.

 

Category F: Last full financial year

 

Where your partner (and/or you if your in the UK with permission to work) is self-employed or either the director or employee (or both) of a specified limited company in the UK, at the date of application, they can use income from the last full financial years accounts to meet the financial requirement.

 

Category G: Average of last 2 full financial years

 

Where your partner (and/or you if you are in the UK with permission to work) is in self-employment, or is the director or employee (or both) of a specified limited company in the UK, at the date of application, they can choose instead to rely on Category G. This allows them to use an average of the income received in the last 2 full financial years to meet the financial requirement. A reference to the ‘average’ of the income received in the last 2 full financial years in Category G is a reference to the mean average.

 

Income under Category F or G can be combined with income from salaried and non-salaried employment, non-employment income and pension income in order to meet the financial requirement. However cash savings cannot be combined with income under Category F or Category G.

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How our Immigration adviser can help you

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Marc Gibson our immigration adviser specialises in assisting foreign nationals and their long-term partners relocate and settle in the UK.  Marc has supported hundreds of UK and other settled nationals sponsor their foreign Unmarried partners to prepare and submit successful UK Unmarried Partner Visa Applications. Whether you require a consultation to understand the Immigration Rules for your forthcoming application better, or have your Long-term partner visa application professionally checked by Marc before submitting or use his representation service to prepare and submit your Unmarried Partner Visa application for you, Marc can help.

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If you require a marriage visit visa or travel visa for your unmarried partner check out our other posts. Using a Visit visa (travel visa) is a good way to help establish or fix your immigration history if you have previously had visit visa application issues. Reach out to establish how we can support you.   

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Appendix FM financial requirements are particularly complex and include mandatory requirements in terms of the documentary evidence needed to demonstrate you can meet the requirements of a UK Unmarried partners visa application. Our immigration adviser specialises in assisting both Married & Unmarried applicants with complex financial circumstances who require support completing and submitting a successful unmarried partner  application.

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Marc prides himself on being friendly, approachable and professional in meeting his clients’ needs, he is dedicated to providing clear and reliable immigration advice to his clients when providing his UK Civil Partner Visa service.