The legitimate partners of UK residents may be able to apply for a Partner Visa which will allow them access to the UK and a potential route towards settlement. These visas are commonly known as Family of a Settled Person Visa with the application varying on what member of the family is applying. For partners, there is a range of requirements that must be met and those requirements can further vary depending on the status of the partner i.e spouse, civil partner etc.

General application requirements

In order for any partners to successfully apply for a Partner Visa, they must meet certain general requirements that apply to all relevant subsections for application.

The applicant and their partner must be over the age of 18. The applicant’s partner must be settled in the UK through either being a UK or Irish citizen, have proven Indefinite Leave to Remain (ILR) through relevant documentation, or have refugee status or humanitarian protection in the UK.

When applying, you must prove that you are able to financially support yourself as well as any dependents that you may have. A good level of English is also required and can be proven through a degree or an academic qualification or through a UKVI approved test.

Legitimate relationships

In order for your visa to be approved, you must be able to show that your relationship is legitimate. A qualifying couple must have the intention to live together once their chosen Partner Visa is approved and applicants must meet further requirements.

Requirements to prove that you are in a legitimate relationship are as follows;

  • You are in a legally recognised marriage or civil partnership; or
  • You have been living with your partner in a relationship for at least 2 years; or
  • You are planning to register your marriage or civil partnership within 6 months of entering the UK

For those who could not meet the above requirements, there can still be an application or extension put forth if any of the following situations are applicable:

  • The applicant has a child in the UK who is a British or Irish citizen or has lived in the UK for 7 years, making it unreasonable for them to be removed from the country.
  • Living as a couple outside the UK would present difficulties for both parties that could not be overcome.
  • It would breach an applicant’s human rights to block access to the UK or to make them leave.

Types of Partner Visas

If you intend to apply for a Partner Visa, you must consider the several applicable categories and choose a visa that is relevant to your situation. Here are the types of visas partners can apply for:

Spouse Visa

The Spouse Visa application allows for a married partner of a UK Citizen or Settled Person to gain access to the UK. In order to successfully apply for a Spouse Visa, you must be in a marriage recognised as legitimate by the UK government and prove that your relationship is genuine and subsisting. Other general requirements include adequate financial resources and suitable accommodation where you and your partner intend to live together.

Fiancé(e) Visa

If you are not yet married but wish to enter the UK in order to get married, the Fiancé(e) Visa offers the option to enter the UK for 6 months wherein you must get married (extensions are available amid mass delays caused by the Covid 19 pandemic and other compelling reasons). Once married, you may switch to a Spouse Visa providing that you meet

all of the relevant requirements.

Civil Partner Visa

Those in registered Civil Partnerships may apply for this visa. This is now open to both same-sex and heterosexual couples, as in 2019 opposite-sex civil partnerships became available in England and Wales.

All civil partnerships must meet the general requirements and can be granted a period of up to 33 months (30 if applying from within the UK). Civil partnerships are also covered under the Spouse Visa route which offers a 5-year path to ILR.

Proposed Civil Partner Visa

Those intending to enter a civil partnership may apply for a Proposed Civil Partner Visa, so long as they can prove that they have previously met in person and are both free to enter a civil partnership, with any previous relationships having broken down completely. Their relationship must be genuine and must plan to live together permanently in the UK with the intention of entering a civil partnership within 6 months of arrival in the UK.

Unmarried Partner Visa

Those who are in a relationship but do not wish to marry may also apply for a visa through the Unmarried Partner or Same-Sex Partner application. This is for couples, one of whom have qualifying UK status, who meet all of the relevant general requirements

and are in a legitimate relationship. It allows 2.5 years of access to the UK with an option to extend at the visa’s expiry.

Indefinite Leave to Remain (ILR) through a Partner Visa

Indefinite Leave to Remain offers partners the option to live together permanently. Partners may apply for a 5-year route to ILR which will offer not only the security of permanent UK residence but also the option to pursue British Citizenship.

How QC Immigration can help

Our skilled team offers an array of services that will assist you with the heightened chances of a successful application. We will ensure that you are pursuing the correct application, will provide customised advice and guidance and will ensure that any and all relevant documentation is well presented, clearly outlining your case, and is submitted to UKVI in a timely manner.

For any further information or to book a consultation and get the ball rolling, you can get in touch with the QC Immigration team by clicking here.

FAQs

How much does a UK Partner Visa cost?

Applications submitted from abroad carry the current fee of £1,523. Those submitting their application form from within the UK will have a reduced fee of £1,033. Additionally, the charge will vary depending on whether you are applying with dependents and can also change depending on which country you are applying from. There may be additional fees, such as Immigration Health Surcharge, Biometric enrolment and optional Priority Service fees.

How can I qualify for the Partner Visa accommodation requirements?

Accommodation must have enough rooms to accommodate both the couple as well as any dependents that they may have, with individuals having enough space. However, couples can share the same bedroom and living rooms can be included when counting bedrooms.

There are additional requirements relevant to children including the following:

  • Children under 1 do not need their own room
  • Children aged 1-9 years old count as half a person
  • Children aged 10 years or over count as an adult
  • Children aged 10 or over of the opposite sex cannot share a room

What happens if my Partner Visa application is rejected?

If your chosen application is rejected, you may be able to appeal against the Home Office’s decision. In order to change their mind, you must put forth a strong application clearly highlighting why they should reconsider. It is a process that will benefit greatly from expert legal assistance.

Testimonials

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Thank you very much for your contribution and good job you have done for me and my family. Today, I feel that thanking you is not enough. You will remain in our hearts and we will always have this deepest and sincere regard for you, as you have always shown your kindness and your work have been appreciated by the whole family.

Long Residence Settlement (10 years) client – Mauritian

Qiyin is an extremely diligent and thorough immigration lawyer. She took the time to fully understand my case and application for the highly skilled migrant program. She was very careful to consider both the short and longer term issues related to my application and provided very balanced and frank advice. My highly skilled migrant visa was successfully renewed thanks to her advice and help. I highly recommend her.

Tier 1 (General) visa client – Singaporean

I would like to thank you for all the hard work you’ve done for us in the past few years! I am now finished with the whole process and had my UK Citizenship ceremony. We couldn’t have gotten this far without you!

Entry Clearance Settlement (Spouse) visa client – Canadian

Thank you for all your help. I got the visa this morning and look forward to going on holiday. See you again in 30 months for the next visa.

PEO same-day service (Spouse leave to remain) client – Thai

We are so glad that our friend recommended you to help with our ILR application and we have no doubt it may have been a different story if we were applying without your support! We appreciate your professional approach and knowledge on immigration matters and wish your business well in the future (we are sure you will be very successful). Have no doubt we will be using your services for our application for Citizenship.

Indefinite Leave to Remain (Spouse) client – Russian

The QC Immigration team has proved an absolute star on the immigration front and my son’s fiancée is now happily settled, thank you again.

Partner (Fiancée) Settlement Visa – Brazilian

Many thanks for all your work on our application, especially since I contacted you on short notice! I contacted you on Sept 22nd and we signed up with you on/around Sept 27th! So we pulled this all together a little over 3 weeks.

Premium Service (Fiancée) Partner visa client – American

You have exceeded our expectations by saving us so much time and money when organising this! Thank you for also co-operating with our investment manager and accountant to ensure everything ran smoothly.

Tier 1 Investor (Super Premium Service) client – Chinese

Naturalisation (British Citizenship) client - Dutch

EEA Permanent Residence client – Belgian

My family and I were very emotional receiving the good news today. Thank you for all your help and we will definitely recommend you to our European friends who are planning ahead after Brexit!

Naturalisation (British Citizenship) client – Dutch

My family and I were very emotional receiving the good news today. Thank you for all your help and we will definitely recommend you to our European friends who are planning ahead after Brexit!

Naturalisation (British Citizenship) client – Dutch

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