EU, EEA & Commonwealth.
Under the Immigration Rules, the partner of a British citizen, settled person or, in some cases, a person with refugee leave or humanitarian protection may apply to join or remain with them in the UK.
The provisions of the Rules on partners cover:
• civil partners
• unmarried partners
• fiancé(e)s and proposed civil partners
Partners: the relationship requirements
The relationship requirements for a Partner visa are:
• not in a prohibited degree of relationship
• the sponsor must be present and settled in the UK
• there is an intention to live together permanently in the UK
• you must have met in person
• it is a genuine and subsisting relationship; and
• any previous relationship must have broken down permanently
Partners: the financial requirement
The minimum income threshold is a gross annual earnings figure of £18,600 for a single applicant, plus an additional £3,800 for the first child, and an additional £2,400 for each further child. The ways of meeting the threshold under the five-year route (including whose and what income can be used and how/whether cash savings can be factored in) and of evidencing this are very complicated and strictly prescribed.
A brief breakdown of this is as follows:
The applicant partner can provide specified evidence of a specified gross annual income of at least:
—£3,800 for their first child, and
—£2,400 for each additional child.
Note that additional funds are not required to be shown for any child who is an EEA national, a British citizen or otherwise has settled status
If the applicant partner cannot show the relevant minimum specified gross annual income, they must also show:
—specified savings of £16,000, and
—additional savings of at least: 2.5 x (the relevant minimum specified gross annual income minus the gross specified annual income that they can evidence)
Partners: English Language requirement
You may need to prove your knowledge of the English language when you apply.
You can prove your knowledge of English if you have a degree or academic qualification that was taught or researched in English.
If your qualification is from a UK university or college, you only need your degree certificate.
If your qualification is from a university or college outside the UK, you’ll need to provide a certificate from UK NARIC to show that your qualification is equivalent to a UK bachelor’s degree or higher and that it was taught in English.
You will not need to prove your knowledge of English if you’re a national of one of the following countries:
Antigua and Barbuda
St Kitts and Nevis
St Vincent and the Grenadines
Trinidad and Tobago
Partners: other requirements
The applicant partner must provide evidence that there will be adequate accommodation without recourse to public funds for the family (including those family members not included in the application but who live in the same household)
Marriage, civil partnership and unmarried partnership—evidence
If the applicant partner is married or in a civil partnership, this must be evidenced by a valid UK marriage certificate recognised under the laws of England and Wales, Scotland or Northern Ireland or a valid UK civil partnership certificate or reasonable equivalent for a marriage or civil partnership concluded outside the UK.
The termination of a previous marriage or civil partnership in the UK will need to be evidenced by a UK decree absolute from a civil court or UK final order of civil partnership dissolution or reasonable equivalent for a marriage or civil partnership concluded outside the UK.
In most cases, where the applicant partner and the sponsoring partners are unmarried partners, they should provide evidence of cohabitation covering the two years immediately preceding the application. This is not included as specified evidence in Appendix FM or FM-SE. However, since 28 February 2018, the guidance has stated:
‘The two-year period of living together for a couple who are not married or in a civil partnership must have been completed prior to the date of application. However, the two-year period does not have to have been completed immediately preceding the date of application if, for example, the couple are currently living apart for work reasons in order to meet the financial requirements of the Rules, provided that the relationship continues to be genuine and subsisting at the date of application.’