If you wish to live in the UK with your partner who is a British citizen or who has settled status in the UK or Indefinite Leave to Remain, you can apply for a Partner visa.
You will be eligible to apply if your partner is one of the following:
- Civil partner or spouse
- Fiancé(e) or proposed civil partner
- Unmarried partner with whom you have been living together for at least 2 years
Your Partner visa will be granted 2 years and 9 months*, after which you will be able to extend it for another 2 years and 6 months. Once you have resided in the UK on your Partner visa for 5 years, you will be able to settle in the U. If you extend or switch your visa you can stay in the UK for a further 2 years and 6 months.
*If you are applying as a fiancé, fiancée or proposed civil partner, you can stay for up to 6 months. You must then apply as a spouse or civil partner to extend your stay for 2 years and 9 months.
To qualify for the partner visa, you and your partner must both be over 18 and intend to live together permanently in the UK after you apply.
Your partner must:
- be a British or Irish citizen
- have settled in the UK. This includes indefinite leave to remain, settled status or proof of permanent residence
- be from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status – they must have started living in the UK before 1 January 2021
- have a Turkish Businessperson visa or Turkish Worker visa
- have refugee status or humanitarian protection in the UK
You and your partner must either be in a UK-recognized civil partnership or marriage or have cohabitated for at least two years.
If you are a fiancé, fiancée or proposed civil partner, you will need to prove that you will marry or enter into a civil partnership in the UK within 6 months of your arrival. If your wedding or civil ceremony has been delayed because of the COVID-19 pandemic, you may be able to request to extend your stay.
Your partner must be earning at least £18,600* for the period of at least 6 months in the same employment immediately before you apply for a Partner visa. Your partner may also earn this amount from his self-employment or employment as a director of a limited company.
If you and your partner both reside outside the UK and wish to relocate to the UK, your partner must have a confirmed job offer in the UK with the minimum income requirement.
It is also possible to meet the financial requirements if your partner has cash savings of at least £62,500. In some circumstances, it may be possible to combine different types of income including savings of over £16,000, income from employment/self-employment, pension, and non-work income such as property rentals or dividends. You may also meet the requirement if your partner is in receipt of certain public funds.
*if you apply alone. If you have dependent children whom you plan to bring to the UK with you, your partner must earn an extra £3,800 for the first child, and £2,400 for each additional child.
Your planned accommodation in the UK must be suitable to occupy for both you and your partner (must not be ‘statutory overcrowded’). In the UK, a couple may reside in the one-bedroom property or a studio, provided that they are the only people living there. This does not apply to any children under the age of 10. Different rules may apply depending on your Room’s floor space in square meters, and sometimes, a Property Inspection report will be required to meet the accommodation requirement.
You will need to meet the English Language requirement. You will also need to provide a tuberculosis test if you are applying from a listed country.
If you do not meet the requirements
There are certain instances where you may be able to apply for a partner visa even if you do not meet the specified requirements. These include:
- If you have a child in the UK who is a British or Irish citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave the UK
- If there would be significant difficulties for you and your partner if you lived together as a couple outside the UK that could not be overcome
- If it would breach your human rights to stop you from coming to the UK or make you leave
Once you receive your Partner visa, you should note that the following conditions will apply to your stay in the UK in this category.
You will be permitted the following activities on your Partner visa:
- Work and study in the UK, unless you are applying for a fiancé, fiancée or proposed civil partner.
- Bring your dependent children to the UK
- Extend your Partner visa
- Settle in the UK
You will not be able to do the following in the UK on your Partner visa:
- Claim public funds (most benefits)
Fairmont Lawyers can help you navigate the requirements and provide you with professional legal assistance every step of the way to obtain a Partner visa.
If you are applying from outside the UK, you should make an application for a Partner Visa no more than 3 months before you plan to be in the country.
For applications made within the UK, you should make an application for a Partner Visa no more than 3 months before your current visa expires.
It takes around:
- 12 weeks if you apply from outside the UK
- 8 weeks if you apply from inside the UK
However, some delays may occur depending on your individual circumstances or the Home Office/UKVI.
You may be able to choose Priority Service, subject to availability. You will need to pay an additional fee to use this service, and the cost depends on the visa center.
The current visa application fee for a Partner visa (from October 2021) is £1,523 if you apply from outside the UK and£1,033 if you apply from inside the UK (plus £19.20 for biometric enrolment if you are in the UK). The Immigration Healthcare Surcharge (IHS) is £624 per each year of the visa unless you are exempt. The fees for your dependents will be the same. The Home Office regularly reviews its fees and these may be subject to increase in the future.
Please get in touch with us so that we can assess your individual circumstances and consider your options.