Unmarried Partner Visa vs Spouse Visa UK: What’s the Difference?

If you are in a relationship with a British citizen or someone who is settled in the UK, you may be considering applying for a UK family visa so that you can live together in the UK.

But do you have to be married?

The short answer is no.

UK immigration law allows qualifying couples to apply as spouses, civil partners or unmarried partners. However, while there are many similarities between the routes, there are some important differences, particularly when it comes to proving your relationship.

What is a UK Spouse Visa?

A spouse visa allows an eligible person to live in the UK with their husband, wife or civil partner.

To qualify, the marriage or civil partnership must be legally recognised in the UK. Both partners must be aged 18 or over, and any previous relationships must have permanently broken down.

Importantly, simply having a marriage certificate is not necessarily enough. An applicant will still need to demonstrate that the relationship is genuine and subsisting and that the couple intend to live together permanently in the UK.

Evidence may therefore include documents showing that the couple live together, share financial responsibilities and have built a life together.

What is an Unmarried Partner Visa?

An unmarried partner visa can allow couples who are not married or in a civil partnership to apply under the partner route.

Under the current rules, the relationship must be similar to a marriage or civil partnership and must have been in existence for at least two years.

One particularly important point is that couples do not necessarily have to have lived together for the full two years. This may be due to work or study in different locations or because living together before marriage is not culturally accepted.

This is an important change from the way the unmarried partner requirements were previously understood and can make the route available to couples who have maintained a genuine relationship while living apart.

Spouse Visa vs Unmarried Partner Visa: What Are the Main Differences?

The biggest distinction is the couple’s legal relationship status and the evidence required to demonstrate the relationship.

What evidence can I provide if we have not lived together for less than 2 years?

Applicants may need to provide evidence demonstrating reasons for living apart and how the relationship has been maintained despite living apart.

Depending upon the circumstances, this could include:

• evidence of visits and time spent together;
• travel bookings;
• photographs over the course of the relationship;
• communication records;
• evidence of financial support or shared commitments; and
• evidence explaining why the couple have been unable to live together.

The key is not simply providing a large volume of documents. The evidence should tell a clear and consistent story about the relationship.

Do Both Routes Have the Same Financial Requirement?

For most new applications under the family partner route, the minimum income requirements is £29,000 per year, although different rules can apply in some circumstances, for example, different provisions apply where the sponsoring partner receives certain disability or carer’s benefits. Transitional arrangements may also apply if you applied before the financial rule changes.

This is an area where it is important to take advice based on your individual circumstances rather than assuming the £29,000 requirement automatically applies in the same way to every case.

What Other Requirements Apply?

Whether you apply as a spouse or an unmarried partner, there are a number of requirements that may need to be satisfied.

These can include:

• the immigration status of the sponsoring partner;
• the relationship requirements;
• the financial requirement;
• the English language requirement;
• suitable accommodation; and
• the relevant suitability requirements.

The sponsoring partner will also need to have an eligible UK status. This can include being a British or Irish citizen or being settled in the UK, although there are other qualifying categories.

Which Visa Should I Apply For?

The appropriate route will depend on your circumstances.

If you are legally married or in a civil partnership, you would ordinarily apply on that basis.

If you are not married but have been in a genuine and durable relationship for at least two years, you may be able to apply as an unmarried partner, including potentially where you have not continuously lived together.

How Ridley & Hall Can Help

Partner visa applications can appear straightforward, but difficulties often arise around the financial requirements and the evidence needed to demonstrate a genuine relationship.

This can be particularly important for unmarried couples who have lived apart, maintained a long-distance relationship or have limited documents in their joint names.

At Ridley & Hall Solicitors, our Immigration Department can advise you on the most appropriate route, identify the evidence required and prepare your application with the aim of addressing potential issues before it is submitted.

If you are considering a spouse visa or unmarried partner visa application, contact our Immigration Team to discuss your circumstances on 0800 860 62 65 or info@ridleyandhall.co.uk.

This article is intended as general information and does not constitute legal advice. Immigration rules can change and advice should be obtained on your individual circumstances.

Misbah Mohammed

Immigration Solicitor