UK Spouse Visa vs Unmarried Partner Visa: What’s the Difference?

UK Spouse Visa vs Unmarried Partner Visa: What’s the Difference?

If you’re in a relationship with a British citizen or settled person and wish to join them in the UK, you may consider a spouse visa or an unmarried partner visa. While both visas allow you to live with your partner in the UK, there are significant differences between the two that you must understand to make an informed decision.

In this article, we’ll explore the key distinctions between the UK spouse visa and unmarried partner visa, helping you determine which option best suits your unique circumstances.

UK Spouse Visa

A UK spouse visa, also known as a marriage visa, is designed for individuals married to a British citizen or settled person in the UK. To be eligible for this visa, you must be legally married to your partner, and your marriage must be recognized in the UK. Same-sex marriages are also recognized for the purpose of this visa.
To sponsor a spouse, the British citizen or settled person must meet certain requirements, including:

• An income threshold of at least £18,600 per year or savings of at least £62,500
• Adequate accommodation for the couple to live together without relying on public funds
• Demonstrating that the relationship is genuine and subsisting

The application process for a UK spouse visa involves submitting an online application, paying the visa fee, and providing supporting documents such as a valid marriage certificate, proof of income or savings, and evidence of a genuine relationship. The timeline for a decision on a spouse visa application is typically 8-12 weeks from the submission date.

As a spouse visa holder, you will have the right to work in the UK without restrictions, access free healthcare through the National Health Service (NHS), and apply for settlement (indefinite leave to remain) after living in the UK for 5 years.

Read: The 6 Biggest Mistakes People Make When Applying for a UK Visa

UK Unmarried Partner Visa

An unmarried partner visa is intended for individuals in a long-term relationship with a British citizen or settled person who is not married. To qualify for this visa, you must demonstrate that you have lived with your partner in a relationship akin to marriage for at least 2 years.

The eligibility criteria and requirements for sponsoring an unmarried partner are similar to those of a spouse visa, including meeting the income threshold, providing adequate accommodation, and proving the genuineness of the relationship. However, the key difference is the length of the relationship and the cohabitation requirement.

The application process and timeline for an unmarried partner visa are similar to those for a spouse visa. Once granted, an unmarried partner visa holder will have the same rights to work and access healthcare in the UK as a spouse visa holder.

Key Differences between Spouse Visa and Unmarried Partner Visa

1. Marital Status Requirement: A spouse visa requires the applicant to be legally married to their British or settled partner, while an unmarried partner visa is for couples who are not married but have been living together in a relationship akin to marriage.
2. Length of Relationship and Cohabitation Requirements: For an unmarried partner visa, the couple must have lived together for at least 2 years before the application. There is no such cohabitation requirement for a spouse visa.

   PS. The UK immigration rules were changed, removing the requirement that unmarried partners have lived together for a set period before applying for a visa.

3. Financial Requirements for Sponsorship: The income threshold and financial requirements for sponsoring a partner are the same for both visas, i.e., an income of at least £18,600 per year or savings of at least £62,500.
4. Visa Duration and Extension Options: Both spouse and unmarried partner visas are initially granted for a period of 2.5 years and can be extended for another 2.5 years. After completing 5 years in the UK, both visa holders can apply for settlement (indefinite leave to remain).
5. Path to Settlement and Citizenship: Spouse visa holders can apply for settlement after living in the UK for a period of 5 years and then for British citizenship after holding settlement for 12 months. Unmarried partner visa holders follow the same path but must first switch to a spouse visa if they marry their partner before applying for settlement.

Proving Genuine and Subsisting Relationship

Whether you are applying for a spouse visa or an unmarried partner visa, it is crucial to demonstrate that your relationship is genuine and subsisting. The Home Office will scrutinize your application to ensure that the relationship is not one of convenience or entered into solely for immigration purposes.

To prove the genuineness of your relationship, you will need to provide a range of evidence that shows your commitment to each other and the depth of your relationship. This may include:

• Photos of you and your partner together, spanning the duration of your relationship
• Correspondence between you and your partner, such as emails, chat logs, or letters
• Joint financial responsibilities, such as a shared bank account, joint utility bills, or a joint tenancy agreement
• Evidence of shared experiences, such as travel itineraries, event tickets, or hotel bookings

Common challenges in proving the genuineness of a relationship include a lack of documentation, inconsistencies in the evidence provided, or a limited history of cohabitation. To overcome these challenges, gathering as much evidence as possible and presenting a clear, consistent narrative of your relationship is essential. If you have been living apart due to work or other commitments, provide explanations and evidence of how you have maintained your relationship during this time.

Read: 6 Things to Avoid During the UK Visa Application Process

Considerations for Choosing Between Spouse Visa and an Unmarried Partner Visa

When deciding between a spouse visa and an unmarried partner visa, there are several factors to consider:

1. Personal Circumstances and Relationship Status: A spouse visa is the appropriate choice if you are married. An unmarried partner visa may be suitable if you are in a long-term relationship but not married.
2. Long-term Goals and Intentions: Consider your future plans, such as whether you intend to marry your partner or apply for settlement in the UK. A spouse visa may be more straightforward if marriage is on the horizon. If you are unsure about marriage but wish to live together in the UK, an unmarried partner visa could be the better option.
3. Financial Stability and Ability to Meet Sponsorship Requirements: Both visas have the same financial requirements for sponsorship. Assess your financial situation and ensure you can meet the income threshold or have sufficient savings to sponsor your partner.
4. Timing and Urgency of the Application: If you need to join your partner in the UK urgently, a spouse visa may be processed more quickly than an unmarried partner visa, as there is no need to prove 2 years of cohabitation. However, if you have been living together for 2 years or more and meet all the requirements, an unmarried partner visa may be a suitable choice.

Common Misconceptions and Clarifications

Misconception: An unmarried partner visa is easier to obtain than a spouse visa.

Clarification: Both visas have similar requirements and are subject to the same level of scrutiny by the Home Office. The main difference is the marital status and cohabitation requirement.

Misconception: An unmarried partner visa is a “back door” to settlement in the UK.

Clarification: To apply for settlement, unmarried partner visa holders must meet the same requirements as spouse visa holders, including living in the UK for a continuous period of 5 years and demonstrating a genuine and subsisting relationship.

Misconception: Same-sex couples cannot apply for a spouse visa.

Clarification: Same-sex marriages are recognized for the purpose of a spouse visa, provided the marriage is legal in the country where it took place and is recognized in the UK.