Switching Into Unmarried Partner Visa (5 Years Route)
If your current immigration status permits, you may apply to switch to an unmarried partner visa (5-year route) from within the UK. This process involves submitting your application to the Home Office UKVI using the online FLR (M) form. You will be recognized as an unmarried partner of your UK sponsor if you and your partner have been living together in a relationship resembling marriage for at least 2 years. Additionally, you have the option to use the Super Priority Service, which allows you to receive a decision within 24 hours.
The process of switching to an unmarried partner visa under the 5-year route is governed by the Immigration Rules outlined in Appendix FM. If you fulfill all the criteria specified in these rules, you will be granted leave to remain for 30 months (2.5 years) as an unmarried partner, working towards your settlement in the UK. For applicants who do not meet the full requirements for the 5-year route, there is an alternative option to apply for the 10-year route to switch to an unmarried partner visa.
Free Expert Immigration Consultation for Unmarried Partner Visa Switch (5-Year Route)
At Aden & Co Solicitors, our experienced team of immigration specialists offers complimentary guidance for those seeking to switch to the Unmarried Partner Visa (5-year route) within the UK. Whether you have specific queries or need in-depth assistance with your application, our dedicated family visa solicitors are here to help. You can conveniently ask questions online for free expert advice or schedule an appointment with our team for personalized, detailed consultations tailored to your unmarried partner visa application.
Expert Family Visa Solicitors for Unmarried Partner Visa Switch (5-Year Route)
Our experienced team of family visa solicitors at Aden & Co Solicitors has successfully assisted thousands of clients with applications for switching to an unmarried partner visa under the 5-year route. We offer fast, reliable, and fixed-fee immigration services, ensuring your application process is seamless and efficient. Our specialists can expedite your application with our super-priority service, which guarantees a decision within 24 hours for those switching to an unmarried partner visa from within the UK.
Aden & Co Solicitors are renowned UK immigration experts, delivering high-quality legal services tailored to your specific visa needs. The exceptional service provided by our fully qualified and experienced team is reflected in the glowing 5-star Google Reviews from 99% of our satisfied clients.
Cost of Switching to an Unmarried Partner Visa (5-Year Route)
The following breakdown outlines the costs associated with your application:
Fixed Fees for Your Application
Our comprehensive fixed fee for managing your application ranges between £1,000 + VAT and £1,500 + VAT. This fee covers all aspects of the process, including document advice, document review, completion of the application form, online submission, scheduling biometric enrolment appointments, drafting a supporting cover letter, uploading all relevant supporting documents, and managing all necessary follow-up actions until a decision is made by the Home Office UKVI.
The agreed fee will be determined based on the complexity of your case and the volume of work required. We request an initial payment of 50% of the total fee when we begin working on your case. The remaining balance is due once your application is fully prepared and ready for submission.
If you’re unable to commit to the full service, you can opt for our one-time immigration advice consultation for a fixed fee of £100 (including VAT) or choose our immigration document review service for a set fee of £300 (including VAT).
UKVI Application Fees Breakdown
When applying through Aden & Co Solicitors, alongside our fixed fee for expert assistance with your application, you must also cover the Home Office UKVI charges. The UKVI application fee stands at £1258, while the Immigration Health Surcharge (IHS) incurs an additional cost of £2587.50. Consequently, the total payable amount to the UKVI for processing your application is £3845.50.
For expedited processing, you may opt for the Super Priority Service, available for an extra £1,000. This service ensures your application is processed and decided within 24 hours, allowing for a swift and efficient decision.
How to Apply for Switching to an Unmarried Partner Visa (5-Year Route) with Aden & Co Solicitors
To successfully switch to an unmarried partner visa (5-year route), follow these essential steps:
- Complete the FLR (M) Online Application Form: Visit the UKVI website and fill out the FLR (M) application form to begin your visa process.
- Submit Your Application and Pay Fees: Once the application form is completed, submit it online and pay the required Home Office UKVI fees. These fees include the application cost and the Immigration Health Surcharge (IHS).
- Book Your Biometrics Appointment: Create an account on the UKVCAS portal to schedule your biometrics enrolment appointment.
- Upload Supporting Documents: Before attending the biometrics appointment, ensure that all supporting documents are uploaded online.
- Attend Your Biometrics Appointment: On the day of your appointment, bring your BRP card, passport, and the biometrics appointment letter.
- Wait for the Decision: After your appointment, await a decision. If you opt for the standard service, a decision is typically made within 3 to 6 months. However, if you choose the Super Priority Service, a decision is usually provided within 24 hours.
Can I Utilize Super Priority Service to Switch to an Unmarried Partner Visa?
As expert family visa solicitors based in London, Aden & Co Solicitors are fully registered with the Home Office, UK Visas & Immigration (UKVI), and their commercial partner, UKVCAS Sopra Steria. We offer the Super Priority Service, allowing applicants to switch to an unmarried partner visa with a decision made within just 24 hours of submitting your application through this expedited service.
At Aden & Co Solicitors, our specialized family visa team is dedicated to streamlining the preparation and submission of your unmarried partner visa application, ensuring a quicker processing time. By utilizing the Super Priority Service, you can bypass the lengthy waiting periods, which can sometimes extend to months or even years, and receive a timely decision on your application.
Requirements for Switching to an Unmarried Partner Visa (5-Year Route)
To switch to an unmarried partner visa under the 5-year route from within the UK, the following conditions must be met:
Valid Application: The applicant must submit a valid application to switch to the unmarried partner visa (5-year route) in compliance with the specifications outlined in Appendix FM of the Immigration Rules.
Immigration Status: The applicant must not be residing in the UK as:
- A visitor;
- Someone with valid leave for 6 months or less, unless this leave was granted as a fiancé(e) or proposed civil partner, or pending the outcome of family court or divorce proceedings.
Relationship Criteria: The applicant must be in a relationship with an unmarried partner, having cohabited for at least two years, and the partner must hold one of the following statuses:
- A British Citizen;
- An individual with Indefinite Leave to Remain (ILR) or settled status;
- An EU national with pre-settled status;
- A refugee or humanitarian protection status holder;
- A Turkish Businessperson or Turkish Worker visa holder. The relationship must be genuine and ongoing, with adequate evidence supporting its authenticity provided in the application.
Age Requirement: Both the applicant and their UK partner must be 18 years of age or older.
Suitability Criteria: The applicant must fulfill the suitability requirements as outlined in Appendix FM of the Immigration Rules.
Financial Criteria: The applicant must meet the financial requirement to switch to an unmarried partner visa (5-year route). This can be demonstrated through:
- Combined annual income of the applicant and/or UK sponsor (£29,000 gross from employment or self-employment);
- Savings of the applicant and/or UK sponsor;
- Rental income from the applicant and/or sponsor.
Accommodation Requirements: The applicant must provide proof of sufficient accommodation for themselves and any other family members residing in the same household, ensuring no reliance on public funds. The accommodation must be either owned or exclusively occupied by the family.
English Language Proficiency: The applicant must meet the English language requirement, demonstrating proficiency at CEFR level A1 as mandated by UK Immigration Rules.
New Financial Requirement Of £29,000 Gross Per Year From 11 April 2024
As a result of changes to Appendix FM of the Immigration Rules effective from 11 April 2024, the new financial requirement of £29,000 gross per annum applies to an applicant who is applying for switching into an unmarried partner visa on or after 11 April 2024. You will not have to meet income requirements higher than £29,000 gross per annum if you have any dependent children applying simultaneously along with the lead applicant, and the threshold will remain at £29,000 gross per annum.
To satisfy the financial requirement for switching to an unmarried partner visa, the applicant and/or the applicant’s UK partner must be working and earning not less than £29,000 gross per year. If the employment income under Category A is less than £29,000 gross per annum, the applicant can combine it with savings. The savings must be £16,000 plus additional savings equivalent to 2.5 times the difference between the applicant’s and/or sponsor’s gross annual income and £29,000.
What Are the Different Sources to Fulfill Financial Requirements?
When an applicant needs to meet the minimum income threshold, there are typically five primary avenues to satisfy this financial requirement:
- Income from Employment (Salaried or Non-Salaried): This includes income from the partner’s employment, or from the applicant if they are legally employed in the UK. This is categorized as either Category A (for those with salaried employment) or Category B (for those in non-salaried roles), depending on the applicant’s or partner’s employment history.
- Non-Employment Income: This pertains to earnings that are not from employment, such as income derived from property rentals or dividends from investments in shares. This source is referred to as Category C.
- Cash Savings: If the applicant or their partner has cash savings of more than £16,000, and these funds have been under their control for at least six months, they can be considered for meeting the financial requirement. This is classified as Category D.
- Pension Income: Income from a state pension (UK or foreign), private pension, or occupational pension, either of the applicant or their partner, falls under Category E.
- Self-Employment Income: This includes income from self-employment or as a director or employee of a specified limited company in the UK, whether from the partner or the applicant (if they are legally permitted to work). This is divided into Category F or Category G, depending on which financial year(s) are being used to support the application.
Understanding the Adequate Maintenance Requirement for Transitioning to an Unmarried Partner Visa (5-Year Route)
For individuals seeking to transition to an Unmarried Partner Visa under the 5-year route, an alternative pathway exists to meet the financial requirement, particularly if the applicant’s partner is receiving certain benefits or allowances in the UK. Instead of the standard income threshold of £29,000, applicants can satisfy the financial requirement by demonstrating “adequate maintenance” through relevant evidence.
This applies in cases where the applicant’s partner is receiving one or more of the following:
- Carer’s Allowance
- Disability Living Allowance (DLA)
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Attendance Allowance
- Personal Independence Payment (PIP)
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
- Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension under the War Pensions Scheme
- Police Injury Pension
In instances where the partner is receiving any of these benefits or allowances on behalf of a child, the applicant may also qualify based on “adequate maintenance.” The specific evidence required to substantiate the receipt of a benefit or allowance is outlined in Appendix FM-SE.
Understanding the Adequate Maintenance Calculation for Unmarried Partner Visas
When applying for an unmarried partner visa within the UK, it is crucial to meet the adequate maintenance requirement. The Home Office UKVI utilizes a specific formula to assess whether your financial situation satisfies this requirement:
Formula: A – B ≥ C (A minus B must be greater than or equal to C)
Where:
- A represents your net income, which is the total earnings after deducting income tax and National Insurance contributions.
- B stands for your housing costs, including rent and council tax payments.
- C denotes the Income Support amount that an equivalent British family of the same size would be entitled to receive.
Immigration Status Criteria for Transitioning to an Unmarried Partner Visa (5-Year Route)
To successfully transition to an unmarried partner visa under the 5-year route within the UK, applicants must meet specific immigration status requirements. The individual seeking to switch to this visa must not be currently residing in the UK as:
- A visitor, or
- With a valid leave granted for a duration of 6 months or less, unless granted leave as a fiancé(e) or proposed civil partner, or if the leave is pending the outcome of family court or divorce proceedings.
English Language Proficiency Requirement for Transitioning to an Unmarried Partner Visa (5-Year Route)
Applicants must demonstrate their proficiency in the English language by submitting one of the following forms of evidence:
- Proof of nationality from a majority English-speaking country.
- Evidence of passing an English language proficiency test, covering speaking and listening skills, at a minimum of A1 level according to the Common European Framework of Reference (CEFR) for Languages. The test must be taken with an approved provider by the Home Office, UKVI.
- A recognised academic qualification, verified by UK Ecctis, deemed equivalent to a Bachelor’s, Master’s degree, or PhD in the UK, with the course taught in English.
- Exemption from the English language requirement due to the following circumstances at the time of application:
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- The applicant is aged 65 or over.
- The applicant has a disability (either physical or mental) that prevents compliance with the requirement.
- Exceptional circumstances that hinder the applicant’s ability to meet the English language requirement prior to entering the UK.
Can I Transition from an Unmarried Partner Visa (10-Year Route) to an Unmarried Partner Visa (5-Year Route)?
If you currently reside in the UK on an unmarried partner visa (10-year route), it is possible to apply for a switch to the unmarried partner visa (5-year route) at any point during your leave under the 10-year route. Ideally, you should transition to the 5-year route as soon as you fulfill the financial and English language criteria. Your eligibility for indefinite leave to remain (ILR) under the 5-year route will commence from the date your initial leave is granted under this route. Importantly, the time spent on the 10-year route will not be combined with your 5-year route duration. We can efficiently prepare and submit your application via the Super Priority Service, ensuring a decision is made within 24 hours.
Can I Transition from a Student Visa to an Unmarried Partner Visa (5-Year Route)?
Individuals holding a student visa in the UK may apply to switch to an unmarried partner visa (5-year route) after living with a UK partner in a relationship akin to marriage or civil partnership for at least two years. To meet the financial requirements for this switch, the applicant may combine their part-time earnings with the income of their UK partner. Furthermore, if the applicant has already met the English language requirement as part of their student visa application, this can be used to fulfill the English language requirement for the unmarried partner visa switch.
Can I Transition from a Work Visa to an Unmarried Partner Visa (5-Year Route)?
Individuals on any work visa in the UK can apply to switch to an unmarried partner visa (5-year route) if they have cohabited with a UK partner in a relationship similar to marriage or civil partnership for at least two years. However, the time spent on the work visa will not count towards the 5-year qualifying period for ILR as an unmarried partner. It is common for individuals on a T5 Temporary Work visa to transition to an unmarried partner visa after two years of cohabitation with their British partner. To satisfy the financial requirement for this switch, the applicant can use their own income or combine it with that of their UK partner.
Can I Re-Apply for an Unmarried Partner Visa After a Refusal?
If your application for switching to an unmarried partner visa has been refused by the UKVI Home Office, you may still have the opportunity to re-apply under the 5-year route. If you believe that challenging the refusal would not result in success, submitting a fresh application could be the best option. It is crucial that your new application satisfies all criteria outlined in paragraph 39E of the Immigration Rules. For the most efficient processing, we highly recommend utilizing the Super Priority Service, ensuring a decision is reached within 24 hours.
Can I Appeal Against the Refusal of My Unmarried Partner Visa Application?
If your application to switch to an unmarried partner visa is denied by the Home Office UKVI and you are granted the right to appeal, you must submit your appeal to the First-Tier Tribunal within 14 days of the refusal. Your appeal may succeed if the refusal decision was made in error, either by not following the correct immigration rules or infringing upon your right to private and family life as guaranteed by Article 8 of the European Convention on Human Rights (ECHR). A First-Tier Tribunal Immigration Judge will review and decide the appeal. Aden & Co Solicitors, experts in family visa matters, can offer professional legal representation, guiding you through the appeal process to challenge the refusal effectively.
Expert Assistance for Switching to an Unmarried Partner Visa in the UK
At Aden & Co Solicitors, our team of expert immigration lawyers is dedicated to providing you with comprehensive legal support and guidance for your application to switch to an unmarried partner visa. We offer fixed-fee services to handle every aspect of your case, ensuring your application is presented effectively and efficiently to the Home Office UKVI. From initial consultation to the final decision, our immigration solicitors will manage all legal and procedural steps, ensuring compliance with all UK immigration rules.
How Our Immigration Solicitors Can Assist You:
Expert Advice on Requirements: Our family visa solicitors will provide in-depth advice on the specific criteria and requirements needed to successfully switch to an unmarried partner visa. We will ensure you understand every step and requirement for your application to meet the necessary standards.
Comprehensive Documentary Support: We will prepare a detailed list of the documents required for your application and email it to you. Our solicitors will guide you in collecting and organizing the supporting evidence to strengthen your case.
Document Review and Assessment: Our immigration solicitors will thoroughly assess all your documents to confirm they align with the immigration rules, ensuring there are no discrepancies or issues that could delay your application.
Application Form Completion: Our experienced solicitors will complete the official application form on your behalf, ensuring all information is accurate and correctly submitted for your unmarried partner visa switch.
Fast-Track Submission via Super Priority Service: If eligible, our solicitors will submit your application through the Super Priority Service, allowing for a decision on your application within 24 hours, expediting the process significantly.
Booking Biometrics Appointment: Once the online submission is made, we will arrange your biometrics enrolment appointment with the application centre, ensuring that your data is submitted promptly to avoid delays.
Personalized Cover Letter: A thorough cover letter will be drafted by our solicitors to accompany your application, detailing the legal grounds and requirements for approval. This ensures that the Home Office UKVI has a clear understanding of your eligibility.
Document Uploads: Prior to your biometrics appointment, we will upload all supporting documents online to ensure the Home Office has everything needed to process your application efficiently.
Ongoing Follow-Up: Our solicitors will continue to monitor your application, handling all necessary follow-up tasks until the Home Office UKVI reaches a decision on your unmarried partner visa switch.
Why Choose Aden & Co Solicitors for Your Unmarried Partner Visa Switch (5-Year Route)?
When considering switching to an unmarried partner visa from within the UK, choosing the right legal representation is crucial. Aden & Co Solicitors offers expert family visa services in London, with numerous advantages that make us the ideal choice for managing your immigration needs. Here are the key reasons why our clients trust us:
Top-Tier Legal Expertise: Our team at Aden & Co Solicitors is renowned for providing exceptional family visa services. We are recognized as one of the leading immigration law firms in London, specializing in the unmarried partner visa process. Our clients consistently rate us 5 stars on Google Reviews, reflecting the high-quality legal services and successful outcomes we deliver.
Comprehensive Remote Legal Assistance: At Aden & Co Solicitors, we understand the importance of convenience. Our immigration experts offer remote legal advice and representation for your unmarried partner visa application, using cutting-edge technology to facilitate the entire process. Whether you’re in the UK or abroad, we ensure that your application is managed efficiently, without the need for in-person visits. Of course, should you prefer to meet in person, we welcome you to our offices, but our remote services offer a hassle-free and cost-effective alternative.
Available Seven Days a Week: We believe in providing consistent support, which is why our expert immigration solicitors are available 7 days a week. We’re dedicated to assisting you in switching to an unmarried partner visa, ensuring your application progresses smoothly at every stage.
Handled Exclusively by Qualified Immigration Solicitors: All work related to your unmarried partner visa application will be handled by our highly skilled team of immigration solicitors. Our experts specialize in family visas and have extensive experience managing unmarried partner visa cases, ensuring that every detail of your application is meticulously handled.
Fast-Track Visa Service for Quick Decisions: Time is often of the essence, which is why we offer a fast-track service to expedite your unmarried partner visa application. Using the Super Priority Visa Service, we aim to secure a decision within just 24 hours, allowing you to move forward without unnecessary delays.
Complimentary Online Immigration Consultation: At Aden & Co Solicitors, we provide free initial immigration advice online. You can easily reach out to our team via our website’s enquiry form, and we’ll provide expert guidance tailored to your unmarried partner visa application.
Affordable Fixed Fees with Flexible Payment Options: We offer clear, fixed fees for the entire unmarried partner visa process. To make things easier, we provide a flexible payment plan, allowing you to pay in two instalments. The first half is due when we begin working on your case, and the second when your application is ready for submission to UKVI.
What Are Our Other Unmarried Partner Visa Related Services?
Frequently Asked Questions (FAQs) Regarding Switching to an Unmarried Partner Visa (5-Year Route)
Below are answers to common questions regarding the process of switching to an unmarried partner visa under the 5-year route in the UK:
What are the cohabitation requirements for switching to an unmarried partner visa?
To qualify for switching to an unmarried partner visa, you and your partner must have been living together in a relationship similar to marriage for a minimum of two years.
When can I apply to switch to an unmarried partner visa?
You are eligible to apply for the unmarried partner visa as soon as you have completed two years of cohabitation with your partner. You can submit your application from within the UK at any time while your current leave to remain or visa is still valid. It is not necessary to wait until 28 days before the expiration of your existing visa. In fact, applying sooner is recommended to ensure that your qualifying period for Indefinite Leave to Remain (ILR) begins as soon as you switch to the 5-year route.
Can I switch from a T5 Temporary Worker visa to an unmarried partner visa?
Yes, individuals holding a T5 Temporary Worker visa who have been living with a UK partner for at least two years are eligible to switch to an unmarried partner visa (5-year route) while remaining in the UK.
What is the processing time for switching to an unmarried partner visa (5-year route)?
The processing time for switching to an unmarried partner visa under the 5-year route varies depending on the application service you select. The estimated processing times for different services are outlined below:
Standard Service: The UK Home Office (UKVI) typically processes applications for switching to an unmarried partner visa under the standard service within a period of 3 to 6 months.
Super Priority Service: If you opt for the Super Priority Service, your application to switch to an unmarried partner visa is usually processed and decided within 24 hours.
What Are the Mandatory Grounds for Refusal When Applying for the Unmarried Partner Visa (5-Year Route)?
An application to switch to the unmarried partner visa (5-year route) will be automatically refused on mandatory grounds if the following conditions apply:
- The applicant is subject to a deportation order.
- The applicant’s presence in the UK is deemed detrimental to the public good due to a conviction resulting in a prison sentence of 4 years or more.
- The applicant’s presence in the UK is harmful to the public good due to a conviction leading to a prison sentence of less than 4 years but at least 12 months, unless 10 years have passed since the sentence was completed.
- The applicant’s presence in the UK is deemed undesirable due to a conviction for serious criminal behavior, or they are a persistent offender showing blatant disregard for the law.
- The applicant’s presence in the UK is considered harmful due to their conduct, criminal record (outside specific convictions outlined in S-LTR.1.3 to 1.5), personal character, associations, or other reasons making their continued presence undesirable.
- The applicant has failed without reasonable justification to comply with necessary requirements such as attending interviews, providing requested information, submitting physical data, or undergoing medical examinations or providing reports.
- The applicant’s presence in the UK is detrimental to public welfare based on decisions made under the Refugee Convention, such as:
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- Exclusion from the Refugee Convention or humanitarian protection based on Article 1F or paragraph 339D of the Immigration Rules.
- Determination that the individual poses a risk to UK national security under Article 33(2) of the Refugee Convention.
- A final decision regarding a particularly serious crime conviction, marking the individual as a danger to the UK community.
In evaluating whether the applicant’s presence is a threat to public good, any legal or practical issues preventing the applicant’s removal from the UK are disregarded.
What are the discretionary grounds for refusal of an application when switching to an unmarried partner visa (5-year route)?
An application for switching to an unmarried partner visa may be refused based on suitability grounds if any of the following conditions are met:
- The applicant has submitted false information, documents, or representations related to the application (including misrepresentation made to obtain supporting documents), whether or not the applicant was aware of the falsehood.
- Failure to disclose relevant material facts in relation to the application.
- A maintenance and accommodation undertaking under paragraph 35 of the Immigration Rules has been requested but not provided by the applicant.
- The Secretary of State has informed the applicant and their partner under section 50(7)(b) of the Immigration Act 2014 that one or both individuals have not complied with an investigation into their proposed marriage or civil partnership.
Additionally, the application may be refused on the following grounds:
- The applicant has previously made false representations or withheld important facts in an earlier application for entry clearance, leave to enter, leave to remain, a variation of leave, or human rights claim. This also includes situations where false information was provided to obtain a document from the Secretary of State or a third party in support of the application, regardless of whether the application was successful.
- The applicant has previously made false statements or failed to disclose material information to acquire a document from the Secretary of State, which indicates a right to reside in the UK.
- The applicant has failed to settle litigation costs owed to the Home Office.
- A relevant NHS body has reported to the Secretary of State that the applicant has not paid charges under NHS regulations for overseas visitors, and the total outstanding amount exceeds £500.