In addition to marriage, both the Immigration Rules and the EEA regulations acknowledge unmarried partner relationships. These types of partners are therefore given the same rights as those enjoyed by the spouses of either settled persons, or of EEA nationals exercising Treaty Rights or of persons with limited leave to remain in the UK.

What is an Unmarried Partner Relationship?

According to the Immigration Rules and the EEA regulations, the term unmarried partner relationship is be defined as:

"Two persons living together in a relationship akin to marriage for at least two years".

This definition does not include casual acquaintances or any unstable relationship in which neither of the parties have any long term intentions to live together. The phrase "akin to marriage or civil marriage" means a relationship that is similar in nature to a marriage or civil partnership to include unmarried and same sex relationships. The partnership would have to be proven by way of household bills and bank statements and anything else that can help prove cohabitation covering the relevant period.

The intention of the rules relating to unmarried and same sex partners is to allow genuine long-term relationships to continue. It is not an open door to couples who are in the early stages of a cohabiting relationship but provides an opportunity for those couples who are already living together in a committed relationship akin to marriage or civil partnership to enter or remain in the UK on this basis.

Who can apply?

Only the following persons can invite their unmarried partners to join them in or accompany them to the UK:

1. A person present and settled in the UK
2. EEA national exercising Treaty Rights in the UK
3. A person having limited leave to remain in the UK, excluding students and other temporary categories of short duration.

A. Applicants having two years` relationship with a person settled in the UK are given two years` leave to join/accompany his or her sponsor in the UK. Applicants are required to provide documentary evidence  to establish that they can be maintained and accommodated without recourse to public funds and have the intention to live with their sponsors permanently. They are given leave that allows them to seek employment or engage themselves in business during their leave to remain.

On living with his or her sponsor for two years the applicant can make an application for indefinite leave to remain in the UK.  On living in the UK for a total of 5 years, they become eligible to make an application for naturalization, provided they comply with the relevant  rules and regulations.

If the unmarried partners choose to get married at some stage, the applicant could apply for leave as a spouse and be given a further two years’ leave to remain as the  spouse of a person present and settled in the UK.  However, he/she would qualify for permanent residence after spending a total of two years starting from the time when he/she entered the UK on the unmarried partner's visa or when he/she was given leave to remain on that basis. The unmarried partner would therefore not be disadvantaged due to the decision to get married and give permanence to his or her relationship.

B. Applicants having four or more years’ relationship with a person settled in the UK can make an application for indefinite leave to enter without applying for the probationary period. However this is only in the scenario whereby the relationship has endured for more than 4 years and the parties to it have cohabited OUTSIDE the UK for that period.

C. If applicant is not a national of a majority English-speaking country or do not have a degree taught in English, he/she must pass an acceptable English language test with one of our approved test providers (please refer to the list of acceptable tests). In the test, he/she will need to demonstrate a basic command of English (speaking and listening) to at least level A1 of the Common European Framework of Reference.

D. Both partners must be at least 18 years of age.
 
2. Unmarried Partners of EEA nationals exercising Treaty Rights in the UK

EEA nationals can be divided into two categories:

• Those having full rights of work/residence without any requirement to register with  the UKBA
• Those requiring registration with UKBA if they take employment (A2 nationals)

Entry clearance cases

In the former case, unmarried partners can make an application for a Family Permit and then make an application for a Residence Card in line with the Registration Certificate of the sponsor. With A2 nationals, unmarried partners can make an application for a Family Permit and then make an application for a Family Member Residence Stamp if their partner is subject to work authorisation (and a Residence Card if not).

Leave to remain cases

Unmarried partners of EEA nationals with full rights can make an application for a Residence Card (proving a limited right to remain for five years subject to the EEA national exercising Treaty Rights) in line with the Registration Certificate of the sponsor. Unmarried partners of A2 nationals can make an application for a Family Member Residence Stamp (limited right to remain for 1 year) in line with their partner's registration with UKBA. They should then make an application for a Residence Card (limited leave to remain for 5 years) in line with their partner's Registration Certificate before the expiry of their Family Member Residence Stamp.

In addition to the above, the following factors must also be noted:

• It is not necessary for the sponsor (EEA national) to apply for a  Registration Certificate at any time during their stay in the UK but having an EEA Registration Certificate would facilitate  their partners/family members’  applications.
• It is at the discretion of the Entry Clearance Officer to issue an EEA family permit to an unmarried partner.
• Unmarried partners are permitted to take any employment or be self-employed whilst  their partners are exercising their treaty rights in the UK.
• Unmarried partners can make an application for permanent residence on successfully completing 5 years residence under the EEA Regulations 2006.
                 

3. Unmarried Partners of persons having limited leave to remain in the UK

Many categories of persons residing in the UK with limited leave to remain can invite their unmarried partners to accompany or join them in the UK. Being a dependant of a person with limited leave to remain, the unmarried partner would be permitted to seek employment or be self-employed during the currency of his or her leave. The applicants are normally granted the visa valid in line with the sponsor's visa and it is expected that they leave the country together with the sponsor, if the sponsor does not intend to settle in the UK.  However, if the sponsor qualifies for settlement the dependant, in general, also qualifies for settlement in line with his or her sponsor.

• We can advise on the procedure for making an unmarried partner entry clearance application/leave to remain application
• We can assess the merits of your application and advise as to how to improve your application to maximise success
• We can advise on an application for indefinite leave to remain after the ‘probationary period’
• We can advise as to the procedure involved for including children as dependants
• We can advise as to the merits of an appeal should your entry clearance application be refused
• We can prepare and represent you in any appeal