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With effect from 9 July 2012, the Immigration Rules have been amended to introduce new requirements for those applying for leave to enter, leave to remain, further leave to remain and indefinite leave to remain in the UK as a family member.

There were further Rules changes in July 2017 following the decision in the UK Supreme Court case of MM (Lebanon), providing that in certain exceptional circumstances where children are involved, third party support, potential income from employment or self-employment and some other financial sources may be taken into consideration.

Transitional arrangements

Please note that a fiancé(e), proposed civil partner, spouse, civil partner, same-sex partner, unmarried partner, child or adult dependent with leave to enter or remain in the UK on the family route granted before 9 July 2012, or granted following applications made before 9 July 2012, will remain subject to the Immigration rules in place before that date.

These sort of applications tend to be more difficult than those based on marriage as you need to show that you have been together for two years and that it is a permanent relationship. The requirements are as follows:
  • you have to show that any previous relationship whether in marriage or as an unmarried couple has ended;
  • you should have been living together for at least two years in a relationship similar to marriage. You will need to provide documentary evidence confirming that you have been living together for this time;
  • if you have been together for less than four years you are granted a visa for a probationary period of 2.5+2.5 years (in 2 stages). If you are still living together at the end of five years in the UK permanent residence (properly known as indefinite leave to remain) will usually be granted;
  • you must intend to live together permanently with your partner;
  • you must possess sufficient funds to pay you and your partner's living expenses and those of any dependents without claiming public funds. Public funds cover various benefits paid by the Government if you are currently looking for work, if you are on a low income and if you are in various other situations;
  • accommodation for the unmarried partners, and any dependents, must be suitable and available;
  • it is a requirement that the overseas unmarried partner has to be 18 years old or over, and the sponsor in the UK has to be at least 18 years old;
  • children of the unmarried partners who are under 18 years old are allowed entry to the UK as dependents, and can make their application at the same time as the main applicant;
  • you have to communication in English at the required level or be exempt
  • after a total period of five years in the UK if you are Settled and you meet the residence requirements you may then apply for Naturalization
Public Funds

To be eligible for a UK unmarried partners visa you must be able to support and accommodate yourself without recourse to public funds.
The above options are not exhaustive as we treat every client's case individually. Please do not hesitate to book a phone, Skype or office consultation with us for a professional immigration advice and possible further representation before the UK Border Agency or the First Tier or Upper Tier Tribunal (Immigration and Asylum Chamber) (FTT/UTT IAC).

We are here to help: , 077 911 45 923 (Mob/Viber/WhatsApp), 0330 001 0342 and, of course, the helpful instant and same day Legal Centre Skype, Phone, Viber and WhatsApp Consultations