Family Members - Unmarried Partners

It is not always necessary to show proof of marriage, or registered civil partnership, in order to be allowed to stay here with a resident. Some people are unable to marry, but can still be admitted. Even if you have simply chosen not to marry rather than being unable to do so, you should still be able to join your partner here if the conditions are met.

In place of a certificate, you will need to produce evidence that your relationship has existed for at least two years before the date of your application. You need not necessarily have been living together throughout that time, but you must show the relationship existed. Lawrence Lupin solicitors can advise you on the sort of evidence you will need to produce.

The general conditions set out in the rules include a requirement that you will be able to maintain and accommodate yourselves without recourse to public funds. This means you will not be permitted to claim any social security benefits on behalf of the applicant, although the UK-based partner would be able to receive any benefit to which he or she is otherwise entitled, and that your housing must be 'adequate'. It will be adequate if you have a legal right to occupy it, if it is considered fit for habitation, and will not be overcrowded.

You will need to arrive with entry clearance for this purpose if you are coming to the United Kingdom intending to stay with your partner, but it is possible to apply in the UK if you are already here in some other category.

You should be given two years permission to stay in the first place, and will be able to apply for permanent settlement at the end of that time if you are still living together and able to support yourselves without claiming welfare benefits. If the partnership has ended because the UK sponsor has died in those two years, or if the applicant can show that he or she has been forced to leave because of violence, the application for settlement should still be approved.

If your relationship has already existed for at least four years by the date of your application, and you can show you have been living together for that time before coming to the UK, you can be given indefinite leave straight away, and will not need to apply again to the Home Office for settlement.

If you would like to take advantage of our expert immigration, asylum, or nationality law advice, then contact us now. Lawrence Lupin Solicitors 020 8733 7200