The Unmarried Partner Visa is one of several visas available for LGBTQ+ couples who wish to live together in the United Kingdom. This visa provides a lifeline to safety and companionship for such couples, especially those from countries where same-gender or different gender relationships are either criminalized or not recognized.

To obtain an Unmarried Partner Visa UK, LGBTQ+ couples must meet the eligibility criteria and provide specific documents. This article explains what you should know about the Unmarried Partner Visa, including its eligibility criteria, challenges faced by such couples, and tips on how to overcome these challenges.

Understanding the Unmarried Partner Visa?

The Unmarried Partner Visa, as designed by the UK government, is for non-UK nationals intending to join their UK-based unmarried partners, who may be British citizens, settled persons, or holders of Indefinite Leave to Remain (ILR).

The relationship between you and your LGBTQ+ couple must be akin to marriage or civil partnership for at least two years. The advantage of this visa is that it applies equally to both same-gender and different-gender individuals under UK immigration law.

The Unmarried Partner Visa is a part of the Family Visa category and allows individuals to live and work in the UK for 33 months, with the option to renew and stay for an additional 30 months, and later apply for settlement.

In the UK, same-gender and different-gender relationships are legally recognized and protected. Hence, the UK Unmarried Partner Visa suits LGBTQ+ couples, as it offers a path to reunification and allows them to stay in touch with their loved ones.

Eligibility Criteria for Unmarried Partner Visa

To qualify for the UK Unmarried Partner Visa, such couples must meet the following requirements. Your UK-based partner must be classified as any of the following:

A British or Irish citizen
An individual allowed to remain in the UK as a stateless person
An individual with settled status or Indefinite Leave to Remain (ILR)
Someone with protection status with a leave to remain as a refugee, an individual with humanitarian protection, and more.
An EU, Swiss, Norwegian, Icelandic, or Liechtenstein national with permanent residency who arrived in the UK before January 1, 2021.

You and your partner must:

Be 18 years or older.
Have enough money to cover your expenses in the UK.
Plan to reside permanently in the UK.
Fulfill English language requirements, unless exempt.
Have ended other previous relationships.
Be in a genuine and subsisting relationship
Have adequate accommodation for dependents (if applicable).
Be in an authentic relationship for the last 2 years before applying.

While these eligibility criteria apply to unmarried partners, as an LGBTQ+ applicant, you may face unique challenges when proving the genuineness of your relationship and cohabitation, especially if you have lived in countries where you had to keep your relationship with your partner discreet.

Proving a Genuine and Subsisting Relationship

One of the most challenging criteria to meet when applying for the Unmarried Partner Visa as an LGBTQ+ couple is demonstrating that your relationship is genuine and ongoing.

Providing evidence may be difficult for such couples who come from countries where same-gender or different-gender relationships are criminalized or stigmatized. To obtain the Unmarried Partner Visa, the Home Office requires you to provide substantial evidence of cohabitation and commitment to your relationship.

Documents to Prove a Genuine Relationship

The documents you can provide to prove a genuine relationship with your partner include the following:

Utility bills or bank statements with both names.
Statements from family and friends.
Photos and correspondence showing a long-term relationship.
Evidence of long-term communication, such as texts, emails, and call logs.
Joint lease or mortgage agreements.

Financial and Accommodation Requirements

Meeting the minimum income requirement and the accommodation criteria are other essential parts of the process for obtaining an Unmarried Partner Visa. You and your UK-based partner must have a combined income of £29,000.

However, you may be able to fulfill the financial requirements by presenting your savings, pensions, or investment profits, if your gross yearly income is below the economic threshold.

You must also prove that you have adequate accommodation in the United Kingdom without relying on public funds. To demonstrate this, you will need to provide a tenancy agreement, property ownership document, or a letter from a host accompanied by supporting housing evidence in the UK.

Application Process for a UK Unmarried Partner Visa

LGBTQ+ couples looking to join their partners in the UK can apply for an Unmarried Partner Visa online. You must accurately complete the visa application form through the UK government website. Pay your visa application fee and Immigration Health Surcharge (IHS), which qualifies you for NHS services in the UK.

You must provide all the required documents to back up your application and attend a biometric meeting to submit the digital copies of your fingerprints and photograph. Ensure that all documents in a foreign language are translated into English or Irish (Gaelic) and notarized.

As applications are reviewed on a case-by-case basis, the processing time for an Unmarried Partner Visa may vary. The Home Office can take 24 weeks to process applications from outside the UK.

Conversely, in-country applications are processed within 8 weeks. However, the Home Office can take up to 12 months to process it if you cannot meet the English and financial requirements.

Challenges Facing LGBTQ+ Applicants

While the UK is LGBTQ+ inclusive, the visa application process poses the following challenges to such couples:

Country of origin: Some LGBTQ+ couples come from countries where same-gender relationships are criminalized or stigmatized. This makes it nearly impossible for LGBTQ+ partners to be open about their relationship.
Lack of documentary evidence: Many same-gender couples, especially those in hostile countries, may not have the opportunity to have joint documents (to prove their relationship) due to safety concerns. This reduces their chances of obtaining the UK Unmarried Partner Visa, as proof of relationship is a crucial requirement.
Cultural norms: Social and cultural traditions make it difficult for such couples to cohabit openly, even in countries where same-gender and different-gender partnerships are legal.

Tips for LGBTQ+ Couples

The couples seeking to live together in the UK through the Unmarried Partner Visa should adhere to the following tips:

Gather the evidence of your relationship early.
Keep copies of your digital records and a backup of chats, emails, and shared expenses.
Each partner must provide a detailed relationship statement, detailing a personal account of your relationship timeline, including how you met, the current state of the relationship, and your plans for the future.
Consult an immigration lawyer to assess your circumstances and help you, especially if you’re finding it difficult to provide all the required documents due to legal restrictions in your country of residence.

Conclusion

The UK offers several immigration routes to individuals of diverse gender orientations, acknowledging the diversity of human experiences. The UK Unmarried Partner Visa allows couples to live in the UK without fear, marry if they wish, and are entitled to all the rights that any other couple enjoys under UK law.

However, obtaining the Unmarried Partner Visa requires adequate preparation, dedication, and courage. You may need the support of a professional immigration lawyer to meet all the requirements for this visa to have a higher chance of success. With these in place, you can start a new life with your partner in a more accepting environment.