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Index >> Partners and Families >> Partners >> Settling in the UK as a partner >&g back button

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Partners

Settling in the UK under the un-married partner/same-sex partner

This page explains how to apply for permission to live permanently in the United Kingdom (known as indefinite leave to remain) as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or other person present and settled here.

To find out how to apply for permission to remain in this category, please contact our team by clicking here. ICS Legal can be contacted on 0207 237 3388 or e-mail us on info@icslegal.com. Complete your visa assessment and ensure all the requirements have been met by clicking here.

Applying for indefinite leave to remain as the un-married or same sex partner

The unmarried partner visa category is available to British Citizens and UK permanent residents who wish to bring their de facto partners to settle in the UK. A de facto relationship is one where two adults live together as a couple. The Latin phrase ‘de facto’, when translated literally, means ‘concerning fact’, but in its legal context means something which is not ordained by law but which exists anyway; in this specific case, a relationship. Most people still refer to a heterosexual couple in this kind of relationship as being ‘common law’ husband and wife. For the purpose of applying for a UK settlement visa, the couple must have been living together for at least two years immediately preceding the date of filing the application. The relationship may be a heterosexual or same-sex relationship, but partners must not be related by blood.

The length of time a UK partner visa holder will be allowed to stay in the UK, when approved by UK Visas and Immigration (UKVI), formerly UK Border Agency (UKBA), depends on where the original application was filed. For applicants currently in the UK on a long term visa valid for more than six months, it may be possible to switch to an unmarried (de facto) partner visa by applying for further leave to remain (FLR) from inside the UK. Short term visa holders are generally not eligible to apply for an extension or change conditions of their stay based on an existing relationship with a British Citizen or permanent resident. They are required to leave the UK to make a settlement visa application through the British Consulate or High Commission that has jurisdiction over their place of residence or country of citizenship.

When applying from within the UK, a visa (further leave to remain or FLR) will be valid for 30 months; from outside, 33 months. The initial visa can be extended for an additional 30 month period, which adds up to the five years which is the required length of stay for any person wishing to apply for permanent residence (indefinite leave to remain or ILR) in the UK. After five years on a probationary partner visa, it is possible to apply for settlement in the UK, but to qualify the applicant must still be co-habiting with the same partner and must also meet the new financial requirements which came into effect on 9 July 2012.

In order to make a successful de facto (unmarried) partner visa application, all the requirements listed below must be met, with no exceptions. The UK Border Agency (UKBA) requirements may apply to the applicant, the sponsor or both and must be supported with documentation where required.

You can apply for permission to live permanently in the United Kingdom as an unmarried/same-sex partner if:

An application for Indefinite Leave to Remain (ILR) as an unmarried partner of a person present and settled in the UK can be made to the Home Office, UKBA on the completion of two years probationary unmarried partner visa which was issued before 9 July 2012 as an unmarried partner of a person present and settled in the UK.

A person who was granted initial entry clearance or leave to remain as an unmarried partner under the Immigration Rules in place from 9 July 2012 will have to complete 5 years residence in the UK under unmarried partner visa before an application for Indefinite Leave to Remain (ILR) as an unmarried partner can be made to the Home Office, UKBA.

The ILR application as an unmarried partner of a person present and settled in the UK is submitted by using application form SET (M). The applicant has to provide evidence that the relationship is still subsisting and the applicant has been living with the UK unmarried partner (the sponsor)  throughout the last two years or five years probationary period of unmarried partner visa, as the case may be. It is also expected that both the applicant and the UK unmarried partner (the sponsor) demonstrate intention to live with each other permanently. The applicant is required to pass Life in the UK Test and also meet the English language requirement in listening and speaking at level B1 of the CEFR in order to qualify for Indefinite Leave to Remain (ILR) as an unmarried partner of a person present and settled in the UK. The Immigration Rules also require that there must be sufficient funds and adequate accommodation available for the applicant to be maintained and accommodated in the UK without recourse to public funds.

In short, the following would be required to be met for the indefinite leave to remain application as the un-married partner or same sex partner:

  • you were given permission to enter or remain in the United Kingdom as an unmarried/same-sex partner, and have completed a period of two years in that category;

  • you are still the unmarried/same-sex partner of the person specified in your permission to enter or remain, and the relationship is existing and genuine (not like a 'marriage of convenience');

  • you and your partner both intend to live together permanently as partners;

  • you have adequate accommodation where both of you and any dependants can live without needing public funds, and at least part of that accommodation (for example, a bedroom) is for your and your partner's sole use;

  • both of you can support yourselves and any dependants without needing public funds; and

  • you have enough knowledge of the English language and about life in the United Kingdom. (This last requirement does not apply if you are aged 65 or over.)

Same Day Visa Service For ILR As An Unmarried Partner [SET (M) Application]
We are registered with the Home Office, Public Enquiry Office, Croydon to provide Same Day Visa Service for ILR application as an unmarried partner of a person present and settled in the UK i.e. SET (M) application. We can prepare and submit your Indefinite Leave to Remain (ILR) application to the Home Office, PEO, Croydon and get quick decision on your application.

As the ILR application as an unmarried partner is a biometric application, therefore you will have to attend the Home Office, PEO, Croydon with our legal representative in order to enroll your biometrics. Our legal representative will accompany you to the Home Office, PEO, Croydon and assist you with the enrollment of your biometrics and the submission of your ILR application as an unmarried partner. The application submitted through our Same Day Visa Service is usually decided the same day. Read more on how our same day visa works, by clicking here

Husbands, wives and civil partners

More details on how to acquire indefinite leave to remain as a married partner, can be found in detail, by clicking here. In short, you can apply for permission to live permanently in the United Kingdom as a husband, wife or civil partner if:

  • you were given permission to enter or remain in the United Kingdom as a husband, wife or civil partner, and have completed a period of two years in that category;

  • you are still the husband, wife or civil partner of the person specified in your permission to enter or remain, and the marriage or civil partnership is existing and genuine (not a 'marriage of convenience', for example);

  • you and your partner both intend to live together permanently as husband and wife or civil partners;

  • you have adequate accommodation where both of you and any dependants can live without needing public funds, and at least part of that accommodation (for example, a bedroom) is for your and your partner's sole use;

  • both of you can support yourselves and any dependants without needing public funds; and

  • you have enough knowledge of the English language and about life in the United Kingdom. (This last requirement does not apply if you are aged 65 or over). 

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Index >> Partners and Families >> Partners and Children >> Settling in the UK as a partner >&g back button

Most visited:

Partners and Children

Settling in the UK under the un-married partner/same-sex partner

This page explains how to apply for permission to live permanently in the United Kingdom (known as indefinite leave to remain) as the husband, wife, civil partner or unmarried/same-sex partner of a British citizen or other person present and settled here.

To find out how to apply for permission to remain in this category, please contact our team by clicking here. ICS Legal can be contacted on 0207 237 3388 or e-mail us on info@icslegal.com. Complete your visa assessment and ensure all the requirements have been met by clicking here.

Applying for indefinite leave to remain as the un-married or same sex partner

The unmarried partner visa category is available to British Citizens and UK permanent residents who wish to bring their de facto partners to settle in the UK. A de facto relationship is one where two adults live together as a couple. The Latin phrase ‘de facto’, when translated literally, means ‘concerning fact’, but in its legal context means something which is not ordained by law but which exists anyway; in this specific case, a relationship. Most people still refer to a heterosexual couple in this kind of relationship as being ‘common law’ husband and wife. For the purpose of applying for a UK settlement visa, the couple must have been living together for at least two years immediately preceding the date of filing the application. The relationship may be a heterosexual or same-sex relationship, but partners must not be related by blood.

The length of time a UK partner visa holder will be allowed to stay in the UK, when approved by UK Visas and Immigration (UKVI), formerly UK Border Agency (UKBA), depends on where the original application was filed. For applicants currently in the UK on a long term visa valid for more than six months, it may be possible to switch to an unmarried (de facto) partner visa by applying for further leave to remain (FLR) from inside the UK. Short term visa holders are generally not eligible to apply for an extension or change conditions of their stay based on an existing relationship with a British Citizen or permanent resident. They are required to leave the UK to make a settlement visa application through the British Consulate or High Commission that has jurisdiction over their place of residence or country of citizenship.

When applying from within the UK, a visa (further leave to remain or FLR) will be valid for 30 months; from outside, 33 months. The initial visa can be extended for an additional 30 month period, which adds up to the five years which is the required length of stay for any person wishing to apply for permanent residence (indefinite leave to remain or ILR) in the UK. After five years on a probationary partner visa, it is possible to apply for settlement in the UK, but to qualify the applicant must still be co-habiting with the same partner and must also meet the new financial requirements which came into effect on 9 July 2012.

In order to make a successful de facto (unmarried) partner visa application, all the requirements listed below must be met, with no exceptions. The UK Border Agency (UKBA) requirements may apply to the applicant, the sponsor or both and must be supported with documentation where required.

You can apply for permission to live permanently in the United Kingdom as an unmarried/same-sex partner if:

An application for Indefinite Leave to Remain (ILR) as an unmarried partner of a person present and settled in the UK can be made to the Home Office, UKBA on the completion of two years probationary unmarried partner visa which was issued before 9 July 2012 as an unmarried partner of a person present and settled in the UK.

A person who was granted initial entry clearance or leave to remain as an unmarried partner under the Immigration Rules in place from 9 July 2012 will have to complete 5 years residence in the UK under unmarried partner visa before an application for Indefinite Leave to Remain (ILR) as an unmarried partner can be made to the Home Office, UKBA.

The ILR application as an unmarried partner of a person present and settled in the UK is submitted by using application form SET (M). The applicant has to provide evidence that the relationship is still subsisting and the applicant has been living with the UK unmarried partner (the sponsor)  throughout the last two years or five years probationary period of unmarried partner visa, as the case may be. It is also expected that both the applicant and the UK unmarried partner (the sponsor) demonstrate intention to live with each other permanently. The applicant is required to pass Life in the UK Test and also meet the English language requirement in listening and speaking at level B1 of the CEFR in order to qualify for Indefinite Leave to Remain (ILR) as an unmarried partner of a person present and settled in the UK. The Immigration Rules also require that there must be sufficient funds and adequate accommodation available for the applicant to be maintained and accommodated in the UK without recourse to public funds.

In short, the following would be required to be met for the indefinite leave to remain application as the un-married partner or same sex partner:

  • you were given permission to enter or remain in the United Kingdom as an unmarried/same-sex partner, and have completed a period of two years in that category;

  • you are still the unmarried/same-sex partner of the person specified in your permission to enter or remain, and the relationship is existing and genuine (not like a 'marriage of convenience');

  • you and your partner both intend to live together permanently as partners;

  • you have adequate accommodation where both of you and any dependants can live without needing public funds, and at least part of that accommodation (for example, a bedroom) is for your and your partner's sole use;

  • both of you can support yourselves and any dependants without needing public funds; and

  • you have enough knowledge of the English language and about life in the United Kingdom. (This last requirement does not apply if you are aged 65 or over.)

Same Day Visa Service For ILR As An Unmarried Partner [SET (M) Application]
We are registered with the Home Office, Public Enquiry Office, Croydon to provide Same Day Visa Service for ILR application as an unmarried partner of a person present and settled in the UK i.e. SET (M) application. We can prepare and submit your Indefinite Leave to Remain (ILR) application to the Home Office, PEO, Croydon and get quick decision on your application.

As the ILR application as an unmarried partner is a biometric application, therefore you will have to attend the Home Office, PEO, Croydon with our legal representative in order to enroll your biometrics. Our legal representative will accompany you to the Home Office, PEO, Croydon and assist you with the enrollment of your biometrics and the submission of your ILR application as an unmarried partner. The application submitted through our Same Day Visa Service is usually decided the same day. Read more on how our same day visa works, by clicking here

Husbands, wives and civil partners

More details on how to acquire indefinite leave to remain as a married partner, can be found in detail, by clicking here. In short, you can apply for permission to live permanently in the United Kingdom as a husband, wife or civil partner if:

  • you were given permission to enter or remain in the United Kingdom as a husband, wife or civil partner, and have completed a period of two years in that category;

  • you are still the husband, wife or civil partner of the person specified in your permission to enter or remain, and the marriage or civil partnership is existing and genuine (not a 'marriage of convenience', for example);

  • you and your partner both intend to live together permanently as husband and wife or civil partners;

  • you have adequate accommodation where both of you and any dependants can live without needing public funds, and at least part of that accommodation (for example, a bedroom) is for your and your partner's sole use;

  • both of you can support yourselves and any dependants without needing public funds; and

  • you have enough knowledge of the English language and about life in the United Kingdom. (This last requirement does not apply if you are aged 65 or over). 

UK Visas & Immigration Services | ICS Legal

LINKS

FOLLOW US

Developed and Managed by Tech ICS © 2006 - 2019 Copyrights ICS LEGAL IMMIGRATION SPECIALISTS LTD | All rights reserved | UK immigration advice | Marriage Visa | British Citizenship | Tier 1 HSMP | www.icslegal.com