Concession for Unmarried Partner Visas Announced

February 20, 2009 09:55 by visa news

On Monday 23rd February 2009, a concession will be implemented in relation to obtaining an unmarried partner visa from within the UK to someone who is present and settled in the UK (eg British passport, ILR, Right of Abode). In November 2008, the UK Border Agency implemented new rules that prevented a person who holds limited leave to enter (eg working holiday visa, student visa, work permit etc) from applying for an unmarried partner visa to someone who is present and settled from inside the UK - the applicant needed to travel back to their home country to apply.

This concession has been introduced allowing persons whom hold a limited leave to enter visa to submit their application for an unmarried partner visa to someone present and settled from the UK, without needing to return home. This concession will last until approximately June 2009.

Should you be looking to apply for an unmarried partner visa to a person with a British passport, ILR or Right of Abode, we suggest you contact us as soon as possible to take advantage of these transitional arrangements for unmarried partner visa applications.


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Comments

February 23. 2009 08:17

to the best of my knowledge i believe since it will involve waisting money of buying a return ticket while it could be also done at uk its not much necessary to go back done to accept it and process all the necessary documents required so that we could save time and money as well.

eric akumanyin antwi

February 23. 2009 08:19

what are the requirements to get an unmarried partner visa??

lishamma joseph

March 2. 2009 07:05

So, does this mean my girlfriend of 5+yrs who is currently on a work permit (valid until 2013) can apply for an unmarried partner visa on the back of my UK Ancestry Visa (valid until 2011)?
We have been living in the UK together since Sept 2006, we have shared bank account, life insurance, health insurance etc.

Mat

March 3. 2009 15:55

I have a British girlfriend with my son living in UK and we are not yet married. Presently I am staying in South Afria,Can I apply for unmarried partern visa?

Thanks and regards,
Roger Zake

Zake Faith

March 5. 2009 15:10

Hi

My fiance still has time on his working holiday visa - until the end of October. He would like to go back in June (we have been in nz for two weeks) until then, as he has seasonal work, but my visa wont allow me to work at that time. I am desperate to go back and wondering if they unmarried partner visa would apply to us?? If not, any other suggestions?
I have a diploma in Veterinary nursing from Massey University, a degree that was made a diploma in order to improve our chances of finding work in Nz, where other nursing graduates will be from polytechnics, and so demanding a slightly lower pay.
Thankyou!!

Emma

April 27. 2009 19:58

My boyfriend and I are living togheter since 2 years now we are planning to relocate in englan, I am italian and he is st.lucian...all this means that he can apply for his visa from england? whitout leaving the country?

chiara

April 28. 2009 02:30

Hi Chiara,

Thank you for your enquiry.

Are you both currently in the UK? If so, what visa does your St. Lucian partner hold?

Changes in the Immigration Rules have made it possible to be granted leave to remain through the relationship of a foreign national to a British national, EEA national or an individual with the Indefinite Leave to remain or similar (eg Right of Abode).

This visa is granted on a number of qualifying criteria, the most important being that we can provide evidence that you have co-habited in a relationship akin to marriage for at least two years. You will need to provide at least 2-3 documents per person, per month for each month over the last 24 showing your mutual address.

1st Contact Visas

May 25. 2009 07:32

I am currently residing in th U.K with my Thai partner and 4 year old son. They are here on 6 month visit visa's which expire in October. Does this concession mean we can apply for new visa's/visa extensions or any kind of new visa eg. fiancee/marriage visa without going back to Thailand. Please advise.

Gary Walling

May 25. 2009 07:49

Hi Gary,

Unfortunately this concession does not cater for those whom entered the UK on Visitor visas. Your partner and dependent child will need to return to their country of residence to apply for the correct visa status to permit them to reside in the UK.

1st Contact Visas

May 29. 2009 07:40

I have applied for my unmarried partners visa 8 weeks ago. My biometrics has been processed and now I am just waiting for my visa to be finalized. The problem is it takes up to 14 weeks for the visa to be approved .... terrible. I want to withdraw my application and go back to South Africa and apply form there. Is that possible? My partner has his indefinite leave to remain. How long does it take for a visa to be approved form South Africa?

elaine

June 2. 2009 04:33

Is there an update on this ? The original article states "This concession will last until approximately June 2009" as it is now June 2009 do you know when the concession will expire ?

mat

June 2. 2009 05:03

Hi all,

Please see the below update:

From: IND Public Enquiries
Sent: 22 May 2009 09:42
To: Stephen Atkinson
Subject: FW: Unmarried Partner Concession

Dear Mr Atkinson

Thank you for your enquiry of 15 May relating to any cut-off date in the concession allowing people with only leave to enter to switch (subject to meeting other requirements) into the category of unmarried/ same-sex partner.

I am afraid that severe pressure of work has prevented our taking forward the plan to include the change in the Immigration Rules. The concession therefore continues for the time being.

Yours sincerely

John Morgan
Complex Advice Team
Guidance, Litigation and Advice Directorate
Directorate of Central Operations and Performance
UK Border Agency

1st Contact Visas

June 8. 2009 23:31

Dear Sir / Madam,

As per per the requirement of the Unmarried Partners Visas, it says that the couple should have reside together as a couple for 2 years.

I am mauritian and I currently hold a work permit which expires in 2013. I arrived in England in 2007 from San Francisco with a Work Holiday Visa and in 2008 I was granted the work permit. My girlfriend who is german moved in England from January 2009 but overall we know each other almost 3 years as we met in California but lived together only for 6 months. I believe the purpose of this mininum of 2 years are for the people who has got their visa almost expired..etc..But as for me my current visa will entitle me to stay in the UK as its expire in 2013. So in case the home office refuse me a visa i will still be able to live and work in England. Do you actually think that i can apply for the Unmarried Partner visas or not..Or I will have to wait another 18 months.

Kindest regards,

C.R

Ronaldo

June 9. 2009 01:29

Hi C.R.,

Thank you for your enquiry.

Changes in the Immigration Rules have made it possible to be granted leave to remain through the relationship of a foreign national to a British national, EEA national or an individual with the Indefinite Leave to remain or similar (eg Right of Abode).

This visa is granted on a number of qualifying criteria, the most important being that we can provide evidence that you have co-habited in a relationship akin to marriage for at least two years. You will need to provide at least 2-3 documents per person, per month for each month over the last 24 showing your mutual address.

Based on the information you have provided, I do not think you will be eligible for this visa category at this stage.

Thank you for giving 1st Contact the opportunity to assist you.

1st Contact Visas

June 20. 2009 16:35

Hi,

I am a 28yr old male living in South Africa and my fiance is currently residing in the uk (she has been living there for 13 months) on an Irish passport. We have been dating for 3,5 yrs. Do i qualify for a partner visa and if so how do i go about applying for one.

Thank you for your help.

Regards,
Adrian
adrian96king@hotmail.com

Adrian

June 26. 2009 08:46

Thank you for another great article. Where else could anyone get that kind of information in such a perfect way of presentation.

Car finance

July 7. 2009 07:26

I first entered the UK on a 6-month BUNAC work visa in June 2008. In January 2009 I re-entered the UK on a student visa that expires in November 2010. I completed the first part of the Masters course I am enrolled in but don't wish to continue. I have been living with my boyfriend since June 2008 when I first entered the UK and we currentlt have a joint lease on a flat.

As per per the requirement of the Unmarried Partners Visas, it says that the couple should have reside together as a couple for 2 years. Is there any possibility of still receiving the visa if we have been residing together only over 1 year? We have been in a relationship for 2 1/2 years and can produce documents attesting to this.

If not, what other options do I have to stay and work in the UK if I do not wish to continue on a student visa?

Emily Epstein

July 7. 2009 08:13

Hi Emily,

Thank you for your enquiry.

Changes in the Immigration Rules have made it possible to be granted leave to remain through the relationship of a foreign national to a British national, EEA national or an individual with the Indefinite Leave to remain or similar (eg Right of Abode).

This visa is granted on a number of qualifying criteria, the most important being that we can provide evidence that you have co-habited in a relationship akin to marriage for at least two years. You will need to provide at least 2-3 documents per person, per month for each month over the last 24 showing your mutual address.

Unfortunately the two year co-habitation requirement is not flexible - the UK are very strict on this type of visa.

1st Contact Visas

July 24. 2009 06:23

Hi all

My fiance and I are currently both living in the UK together.
I am on the working holiday visa which expires in Oct 2010.
She is on the HSMP visa which expires in April 2010. Her letter of acceptance was granted in April 2008.

We wish extend her HSMP visa a further 3 years, and for me to join her as her spouse, after our wedding in April/May 2010

Is this possible?

Cheers
Luke

Luke Smeal

July 24. 2009 15:02

Hi There

im british, my partner from south africa. we have been living 2 gether for more then 2 years, we have aplied for a fiancee visa but its been den, then we did an appeal and still came now but with a letter stating my partner should go back to south africa and apply from that side.. i have been reading on here about the unmaried visa as it gives us longer time to have a perfect wedding and not rush it with the fiancee visa.

i just want to know what form we have to use, who applies for it me this side or him from that side, how do we find the cost on this visa and last if we are granted the visa does he have to get a return ticket or can we just get a one way?

thank you so much for reading our email and hope to hear from you soon, its been 2 months to long.

kind regards
gary & james
james3fraser@live.co.uk

gary & james

July 29. 2009 05:30

Hi 1st contact

Can you please tell me if the concession is still in place? I am in the UK on an HSMP but intended to apply for a visa as the unmarried partner of an EEA national (we meet the 2 year co-habitation criteria). I was told by UK visas that I would be allowed to apply from within the UK and stay until a decision had been made - do you know if this is correct?

Thanks!!
Melanie

Mel

July 29. 2009 06:51

Hi,

I am currently living with my boyfriend who is from New Zealand but is here on permanent residency for work. We have been together for almost a year. I am Australian and here on a holidaymaker visa, which expires next July. Can we apply for a partnership visa or is the time we have been together an issue??

Wendy

July 29. 2009 07:33

Hi,

I am currently living with my boyfriend who is from New Zealand, he is here on permanent residency from work. I am here on a holiday maker visa, which runs out next July 2010. Can we apply for this partnership visa or is the time we've been together an issue?

Wendy

July 29. 2009 07:51

Hi Wendy,

Thank you for your enquiry.

Changes in the Immigration Rules have made it possible to be granted leave to remain through the relationship of a foreign national to a British national, EEA national or an individual with the Indefinite Leave to remain or similar (eg Right of Abode). If your partner is still on a sponsored work permit, you would need to return to your home country to apply.

This visa is granted on a number of qualifying criteria, the most important being that we can provide evidence that you have co-habited in a relationship akin to marriage for at least two years. You will need to provide at least 2-3 documents per person, per month for each month over the last 24 showing your mutual address.

1st Contact Visas

July 29. 2009 07:55

Hi Mel,

Thank you for your comment.

Yes - the concession is still in effect, although applications based on relationships to EEA nationals were not affected by the rule change anyway.

1st Contact Visas

August 4. 2009 19:53

Hello,

My boyfriend and I are planning on moving to England in January, 2010. I have secured a full time permanent job there. As my mother was born in England, I plan on getting a passport which I believe would allow me to work anywhere in the EU. My boyfriend is having difficulty securing full time permanent employment. By the time we leave in January we will have been living together for 20 months (4 months shy of the 2 year requirement) At this time he is thinking of applying for a youth mobility visa, as we are both Canadian Citizens. After we have been living together for 24 months, will he be able to apply for an unmarried partner visa while in the UK, or will he be required to return to Canada to apply?

Thanks!
Erin

Erin Wilson

August 5. 2009 02:19

Hi Erin,

Thank you for your enquiry.

The concession permitting unmarried partner applications from within the UK to someone who holds a UK passport was supposed to end in June 2009.

The Government has stated that they have been under too much pressure to formally amend the rules prohibiting these cases. We are not yet sure how long the current concession will remain in place for, so by the time your partner is eligible to apply as an unmarried partner, the rules may have changed and he may need to return to Canada to apply.

1st Contact Visas

August 5. 2009 12:45

I am currently on a 4 years work permit (which is about to run out) and have been living with my British partner for 2 years. I gather from the emails above that the concession still stands which would allow me to apply for a "Settlement" visa whilst within the UK. What happens if I complete the forms and make an appointment at the Public Enquiries office, and the rules change in the mean-time?

K

August 6. 2009 06:35

Hi Erin,

Thank you for your enquiry.

The concession permitting unmarried partner applications from within the UK to someone who holds a UK passport was supposed to end in June 2009.

The Government has stated that they have been under too much pressure to formally amend the rules prohibiting these cases. We are not yet sure how long the current concession will remain in place for, so by the time your partner is eligible to apply as an unmarried partner, the rules may have changed and he may need to return to Canada to apply.

Please let us know if you require any assistance with your Registration as a British citizen application and/or the Tier 5 (Youth Mobility Scheme) application for your partner.

1st Contact Visas

August 17. 2009 05:41

Hi,

I am a south african who holds a British Passport and have been living in the UK for 2 and a half Years. my boyfriend and I have been dating for 2 years (since august 2007)but have only been living together for just over a year.
He is here on a Student Visa which will expire in Feb 2011. i would like to know what the chances are that he could get an unmarried partner visa on the back of my british passport.

what other options do we have which will allow him to stay here without us getting married? having a court wedding is not something we want as we want it to be with family and friends in SA.

do we have to be living together for 2 years or if we provide proof that we have been dating for 2 years be enough?

look foward to your feedback.

Thanks.

Dani

August 24. 2009 09:02

Hi,

My financee is living with me on a 6-month fiancee visa in the UK, which ends in December 09.

We have planned for our wedding to be after the inital 6-months, so we have more time to save for our wedding in the U.S.A

Is it possible to get an extension for another 6-months to allow my financee to stay with me in the UK, up until the wedding next summer.

Thanks

Dean

Dean

August 25. 2009 09:21

HI there,

Your previous advice states:
"You will need to provide at least 2-3 documents per person, per month for each month over the last 24 showing your mutual address."

Is this general advice or is it the rule that the border agency will apply? Do you know of any cases where other/less evidence has been sufficient (my partner and I legitimately meet the requirements however we haven't kept a lot of documentation apart from leases, and our other documents are in New Zealand!)

Thanks
Mel

Mel

August 25. 2009 09:22

ps we do have some official letters eg bank statements, letters from the tax department but nowhere close to 2-3 per person per month...

Mel

August 26. 2009 02:44

Hello,

We recently applied for an unmarried visa.I have been with my partner for 6 yrs.He has indefinate live to remain.We have a 5mos old baby together who is a british citizen(hold a british passport.We started living together from when I started my schooling to my working holiday visa.

But my application was refused,we both produced all we had at all the addresses we lived at from schooling to the my working holiday visa,but it was refused starting that not inforamtion was provided,on a second attempt we sent the information that was stated why the visa was refused and recently received an email stating that the ECM upheld the visa refusal.I am in a rut as my partner is residing here,my daughter is a citizen and I can't be here.

It's very frustrating at the moment.Please help.

Malicha

September 1. 2009 05:46

Hi,

I am currently on a HSMP due to expire end May 2010. My boyfriend is a british citizen and we are looking to try for an unmarried visa - I understand that I will have to return home to NZ to apply. If I wait to apply in May we would have been living together for two years just however feel it may be quite hard to provide documents supporting this for the first couple of months of living together as it took some time to redirect mail etc.

Can photos, letters, joint invitations, references etc count as documentation to support this in absence of bank statements, bills etc? We should also be able to provide letters from our landlords and leases etc.

Do you think that we may have a good chance to getting this?

Thanks a lot,
Debbie

Debbie

September 12. 2009 07:21

Hello, I am Australian and have had a joint partner visa to my english boyfriend for the last two years. We have been living together for four and a half years. I applied for indefinite leave to remain visa from France but the application was not accepted because I am not a resident in France. Now my joint partner visa has expired. Can I go to England on a tourist visa and apply from there? Do I need to get a tourist visa before going to the uk or do I receive it on arrival? Will this affect me when I leave France? As I arrived here on my uk visa.

Sunny

September 14. 2009 09:47

My fiancee lives in SA - I live in UK and havea full dual nationality SA/UK.
We were together for just under 2 years from 2000 till 2002 when I came to the UK. We got back together in June 2008 and got engaged in April 2009. We are planning our wedding for August 2010.
He wants to come over to the UK to work and live as soon as possible.
Without moving the wedding up to show we are married so we can get the spousal visa - is there a way that he can come over as soon as possible - AND WORK while he is here?
Thanks

lisa

September 24. 2009 20:51

Hi there,

I am wondering what my options are- my partner of 15 months is English, and I am Australian. As he has a 4yr old son in the UK I wish to move to the UK to live and work. I have already used my 2 year working holiday visa (exp April 09) and have since moved back home, but I am now stuck, short of getting married (which we cant do until his divorce is final) Can you please let me know is there anyway of me being able to move to the UK?

Tawnie

September 28. 2009 19:12

Hi there I am aS.A. currently holding a spousal visa of 2yrs married to a British man and living in the Uk . I have two sons aged 27 (he worked on a holiday visa in the Uk for 2yrs )and 21 in S.A. that would like to come and join me in the Uk to stay how do I go about applying for them to join me here as a family unit .

beverley

September 29. 2009 01:03

Hi Beverley,

Thank you for your enquiry.

I am assuming that your British spouse is not the father of your two sons, otherwise they would more than likely already be British citizens.

Unfortunately due to the fact your sons are both over the age of 18, they will have to qualify under their own right to live and work in the UK - they cannot become dependant on your status in the UK.

1st Contact Visas

October 18. 2009 19:09

Hi there,
Please Help Me..

i just got a letter from Homme Office that my Student visa was refused and i dont want to appeal or meaby i do i dont know i went to school every day since i came to the contry in 2003 and i have extended my visa thru that school since 2005 and now they are saying that tha college is not in some National Independente paying institue or something. i am sorry i hope u understand what i really want to say as i am so upset and crying cuz i have 2 children one is 3 and the other one is 8 months and the older one cant really stay without me even 1 day let alone 3-4 months away from me and i love them so much that i dont think i will be able to leave tham alone and go back home. i guess my question is can i APPLY FOR UNMARIED PARTNER VISA without me leaving the Country??

Beks

October 19. 2009 04:12

Hi Beks,

I am sorry to hear of your recent visa refusal.

As this seems to be a difficult scenario to respond to in writing without knowledge of your full circumstances, please contact one of my consultants on 0800 039 3076 or 0207 759 7527 to discuss your options further.

1st Contact Visas

October 22. 2009 11:49

Hi,
Iam living with my partner for 2 years now but the only proof i can provide is the tenant agreement because her family home is near to me where i live so she didnt changed the address in the bank or anyother bills. Iam in a post study work visa. Am i still eligible to apply for long term partner visa? Could you please provide information about the documents that i can submit to apply for long term partner visa. Thank you.

David

David

October 23. 2009 02:27

Hi David,

Thank you for your enquiry.

Changes in the Immigration Rules have made it possible to be granted leave to remain through the relationship of a foreign national to a British national, EEA national or an individual with the Indefinite Leave to remain or similar (eg Right of Abode).

This visa is granted on a number of qualifying criteria, the most important being that we can provide evidence that you have co-habited in a relationship akin to marriage for at least two years. You will need to provide at least 2-3 documents per person, per month for each month over the last 24 showing your mutual address.

Thank you for giving 1st Contact the opportunity to assist you.

1st Contact Visas

October 25. 2009 16:39

hi i would like my partner who lives in tunisia to come live with me i live in a council house with my 6 year old son how can i make it possible for him to come live with me

joanne

November 7. 2009 19:08

Hi there,

I am a British Citizen my birth and my partner is Australian. We met whilst working in France, we dated there for 2years and lived together for one. Therefore we have a house contravt, in both our names, for that time. We have no utility bills though as bills were included in the rent. We now both have working holiday visas for Canada, so we can continue to live together, again we have rented a place together (bills inclusive) and we have a joint account. Will this be enough to apply for the unmarried visa? we will return to the uk in september 2010, matt on a holiday visa. is it best to apply for it from uk or australia? we plan to marry in the not too distant future anyway, would it be better to do this instead and if so will we be able to marry in the uk? We have both already had woking holiday visas for each others country in the past, so thats not an option anymore,

Thanks

sarah

December 23. 2009 08:52

Hi

I am British and have been dating a Nigerian for just over a year now, he is here on a holiday visa and has to go back every six months to get his passport stamped. I would love for him to move in with me as I have my own house but cannot afford to have him move in and not contribute. Is there anyway he can get is visa changed allowing him to work and help contribute, we have spoken about marriage and would love to do this but in order for this to happen he needs to be able to work and help.

Is there anyway he can get is visa changed. Have been reading everything on here and it sounds very difficult. Please Help.

Debbie

December 23. 2009 08:53

Hi

I am British and have been dating a Nigerian for just over a year now, he is here on a holiday visa and has to go back every six months to get his passport stamped. I would love for him to move in with me as I have my own house but cannot afford to have him move in and not contribute. Is there anyway he can get is visa changed allowing him to work and help contribute, we have spoken about marriage and would love to do this but in order for this to happen he needs to be able to work and help.

Is there anyway he can get is visa changed. Have been reading everything on here and it sounds very difficult. Please Help.



Debbie

December 28. 2009 16:41

Hi,
My partner and i have been in a relationship akin to marriage since Jan 2008.I am on student visa and she is an EU national.We have got a 3 month baby together.My visa runs out end April 2010.We do have documents to prove we live together but not anywhere near 2-3 documents per month.I do have parental responsiblity over that child(on birth cert).At the moment shes on maternity leave and getting housing benefit(just for a short period).Do you think we can put in our application for unmarried partner visa?

Dennis

December 31. 2009 01:55

hi,
i been living with my partner for more than 2 years. However the only document can prove is my bank statement is under the same address. He didnot add my name for council tax so that he can continue to benefit from sinlge person discount.I have back to my origin country, now wish to apply for unmarried visa.
my question is
1)is my bank statement is a valid document?
2)he is jobless now & recently got a offer for council house, whats the chances my application be approve?
3)is this visa allow me to work?

thanks
Kathryn

kathryn

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