So you’re looking at the Unmarried Spouse visa for the UK but you’re overwhelmed – I know the feeling! I applied and was approved for this visa (and eventually renewed it, too!) and so can you. Here’s everything you need to know about this unmarried pathway plus my own personal experiences with it.

Why choose the Unmarried Spouse visa?

This visa is interesting because you don’t need to be sponsored by an employer, but you also don’t need to be married!

But what makes it difficult is PROVING that you are in a common-law-type relationship. It’s a lot more difficult than simply showing a marriage certificate.

Now this visa falls under a “Family” visa but there’s a few different pathways you could take.

1. Be engaged to a British person
2. Be married to a British person
3. Be in an unmarried common law-type relationship with a British person (this is what we’re focusing on)

All of these routes fall under the same umbrella so it can be a little bit confusing when reading all the requirements.

Some beginning requirements..

To apply as a partner, you and your partner both need to be 18 or over.

Your partner must also either:

• be a British or Irish citizen
• have settled in the UK – for example, they have 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 intend to live together permanently in the UK after you apply. Now, you won’t be arrested for moving away from the UK someday, but it’s expected you intend to live in the UK while applying for this visa.

What you’ll need to prove

You must be able to prove one of the following:

• you’re in a civil partnership or marriage that’s recognised in the UK
• you’ve been living together in a relationship for at least 2 years when you apply (this is what we’re looking at)
• you are a fiancé, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK within 6 months of arriving

You also need to prove you:

• have a good knowledge of English
• can financially support yourself and your dependants

What if you don’t meet these requirements?

If you do not meet these requirements you may still be able to apply for a visa or extend your permission to stay 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
• there would be very significant difficulties for you and your partner that could not be overcome if you lived together as a couple outside the UK
• it would breach your human rights to stop you coming to the UK or make you leave

How to prove your relationship

This is the trickiest part for the unmarried visa route.

You’ll need to provide evidence that:

• comes from the government, a bank, landlord, utility provider, or a medical professional
• confirms your relationship with your partner – for example, that you live together, share expenses
• documents that are less than 4 years old

You can use documents like:

• a tenancy agreement, utility bills or council tax bills confirming that you live at the same address or pay bills together
• a bank statement from a joint bank account, or confirming that you live at the same address
• a letter from your doctor or dentist confirming that you live at the same address

If you do not have any evidence that meets this criteria, there is other evidence you can provide instead. However, it’s less likely that you’ll be given a visa in this case.

Other evidence you can provide includes:

• a one-off bill like vet’s fees or home repair costs
• letters confirming you and your partner are on the voting register for the same address
• student finance paperwork confirming that you live at the same address

Things like greetings cards, travel tickets, receipts, photographs and text or social media messages are not considered strong evidence of your relationship and are unlikely to help your application.

Give proof of your income

In addition to the initial requirements and proving you have a legitimate relationship, you’ll also need to meet the financial requirements (and prove it).

You and your partner must have a combined income of at least £18,600 a year if:

• you’re applying as a partner
• you want to settle in the UK (get ‘indefinite leave to remain’) within 5 years

You must prove you have extra money if you have children who:

• are not British or Irish citizens
• do not have pre-settled status
• are not permanently settled in the UK

There’s more details online regarding if you have kids – so make sure to read the guidance online carefully.

What counts as income

You and your partner can use:

• income from employment before tax and National Insurance (check your P60 or payslips) – you can only use your own income if you earn it in the UK
• income you earn from self-employment or as a director of a limited company in the UK – check your Self Assessment tax return
• cash savings above £16,000
• money from a pension
• non-work income, for example from property rentals or dividends

If you’re using income from self-employment or employment, you’ll need to prove you or your partner received that income for 6 months or more.

For example: You’ve worked with the same employer earning £18,600 or more for 6 months or longer (and you can prove it).

What proof you need to give

You’ll need to provide proof of your income with your application. If you or your partner are employed, you could include:

• bank statements showing you or your partner’s income
• 6 months of payslips
• a letter from an employer, dated and on headed paper

The employer’s letter should confirm:

• you or your partner are employed there
• the job title or position you or your partner hold
• how long you or your partner have worked there
• the type of contract (for example, permanent, fixed term)
• what you or your partner earn before tax and National Insurance
• how long you or your partner have been paid your current salary
• the payslips are genuine

You’ll be told exactly what documents to provide when you apply online – make sure to read the guidance carefully when you apply.

How long you can stay in the UK

You can stay in the UK for 2 years and 9 months on this visa as an unmarried partner. After this you’ll need to apply to extend your stay. For me personally, I applied for this visa and then renewed it after it was due to expire.

How much does an unmarried spouse visa cost?

They actually don’t make this information immediately clear anymore, which can be frustrating. However, the UK Gov website provides 2 quizzes you can do to figure out your specific fees. The main costs are the visa application itself and the healthcare surcharge – both fees are required.

Currently, the healthcare surcharge is £624 per year (£1,248 for 2 year visas). Make sure to calculate your healthcare fee here.

For a Canadian applying to join their unmarried partner in the UK, the visa application itself is about $1,809 USD (and yes, it’s paid in United States dollars to make things more confusing). You can calculate your application fee here

Should I use an immigration lawyer?

Whether you should hire an immigration lawyer or solicitor will be very dependant on your case and how certain you’ll be approved for this visa. Should you take this route, please know that it is very costly.

If your application is straight forward and you meet the requirements, I would recommend that you do it yourself. This is what I did and I was approved. I knew that I met the requirements and I could prove my case with the requested documents.

If your application is weird or you are lacking documents or can’t prove part of your application requirements, it might be beneficial to use a solicitor. But do know that it will cost a lot.

How to apply

How you apply depends on whether you’re in the UK or not, however both routes are done line.

Outside the UK: you must apply online from outside the UK.

In the UK: You must apply online in the UK.

How long it takes you to complete the application will depend on your particular circumstances. Thankfully, you will be able to save your application and come back to it at another time if you need to. I would definitely recommend starting this visa application online early, fill in what you can, and keep coming back to it over time. This will save you from scrambling to complete the application last-minute.

To apply to enter the UK as a partner, you need to:

• complete the application form in English
• pay the visa fee online (in most cases)
• pay the health surcharge
• provide your biometrics (fingerprints and facial photograph)
• provide your tuberculosis test results if you are resident in a country where you must take the test
• provide your passport and other supporting evidence

Applying with your children

You can add children to your application as dependants if both of the following apply:

• they are under 18 when you apply, or were under 18 when they were first granted leave
• they do not live an independent life

When you can settle permanently

The earliest you can apply to settle in the UK (called ‘indefinite leave to remain’) is after you’ve lived in the UK for 5 years continuously on a family visa as a partner.

You cannot include time you’ve spent in the UK:

• on any other visa
• as a fiancé, fiancée or proposed civil partner

Can I fast-track my visa?

Currently, the UK Gov website says that Priority visa services aren’t not available for new family visa applications made while outside of the UK.

However, I was eligible for a Priority appointment because I applied for this visa within in the UK (while I was still currently on the Youth Mobility Scheme visa). This meant I went to a in-personal appointment, provided by documents, waited around all day and got a result that day. It was expensive (I believe close to £1,000) but it was a huge weight off my shoulders.

When your application’s waiting time starts and ends

Once you’ve submitted your application online, the waiting time starts when you either:

• attend your appointment and provide your fingerprints and a photograph (biometric information) at a visa application centre
• verify your identity using the UK Immigration: ID Check app. This will depend on the visa you apply for and you’ll be advised if you can use this

The waiting time will end when you get an email containing the decision on your application. This will explain what you need to do next.

How I was approved for this visa

This is just my personal experience and does not mean you’ll experience the same thing:

1. I came to the UK on a Youth Mobility Scheme visa and lived with my British boyfriend for the entire 2 years
2. Throughout those 2 years, I kept all our documents in a folder. I made sure to add both of our names to bills and letters as soon as possible, so I could have proper documents for the unmarried visa
3. As that visa was nearing the end, I applied for the Unmarried Visa
4. I booked a Priority service appointment – this meant I went into a visa application centre in person, waiting around all day and then got my decision by the end of the day
5. It was expensive, but a huge relief and weight of my shoulders