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Unmarried Same Sex Partner |
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How you can apply for permission to enter or remain in the UK as the unmarried/same-sex partner of a person who is settled here or applying to settle here.
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If you are currently outside the UK:
If you are subject to immigration control and you are the unmarried/same-sex partner of a British citizen or person who is settled here, you can apply for permission to come to the UK in this category. The relationship may be a heterosexual or same-sex relationship, but you must not be related by blood.
Your settled partner must be:
Currently living and settled in the UK
Returning to the UK with you to live here permanently
You must be able to show that:
Any previous marriage or civil partnership that either of you was in has permanently broken down
You have both been living together as if you were married or in a civil partnership for at least two years
You both plan to live together permanently
You both have enough money to support and adequately accommodate yourselves and any dependants without help from public funds; and
You are both at least 21 years old (or 18 years old if either of you is a serving member of HM Forces)
If your application is successful, UK Border Agency will give you permission to live and work here for up to 27 months. This is called your probationary period. At the end of the two years, you may apply for permission to settle permanently in the UK (known as 'indefinite leave to remain') as the settled person's unmarried/same-sex partner.
UK Border Agency may be able to give you permission to live permanently in the UK as soon as you arrive, if:
You and your partner have been living together for at least four years as if you were married or in a civil partnership
You have spent those four years living together outside the UK
You are both coming to the UK to settle here together
You have sufficient knowledge of the English language and life in the UK. (You do not need to meet this last requirement if you are aged 65 or over.)
If you want to get married or register a civil partnership and switch into the category of husband, wife or civil partner during your probationary period, you should see our Marriage and civil partnership pages and our guidance for Husbands, wives and civil partners.
If you are already in the UK:
If you entered the UK in a different immigration category (for example, as a student), you may be allowed to switch into the category of unmarried/same-sex partner if UK Border Agency have given you a total of more than six months' permission to live here since your most recent admission to the UK. This permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules). For example, if UK Border Agency gave you permission to enter for three months and then permission to remain for five months, you have been given a total of eight months - which means you can apply to switch into the category of unmarried/same-sex partner.
(The minimum of more than six months does not apply to you if UK Border Agency gave you permission to enter as the unmarried/same-sex partner of a Tier 1 Migrant, and you are applying to extend your stay as that person's partner.)
To switch into this category and be given permission to remain in the UK as an unmarried/same-sex partner, you must also meet all of the following requirements:
You and your partner will both be at least 21 years old (or 18 years old if either of you is a serving member of HM Forces) on the date when UK Border Agency would give you leave to remain
Any previous marriage, civil partnership or similar relationship involving you or your partner has permanently broken down
You have not remained in the UK in breach of the immigration laws
You and your partner are not related by blood
You have met your partner
You and your partner have been living together in a relationship akin to marriage or civil partnership which has been existing and genuine (not like a 'marriage of convenience') for at least two years
Your relationship did not begin after a decision was made to deport or remove you from the UK;
You and your husband, wife or civil partner intend to live together permanently
There will be adequate accommodation for both of you and any dependants without the need for public funds, and at least part of that accommodation (for example, a bedroom) is for your and your partner's sole use
Both of you will be able to maintain yourselves and any dependants adequately without needing public funds.
If your application is successful, UK Border Agency will give you permission to live and work here for two years. This is called your probationary period. At the end of the two years, you may be able to apply for permission to settle permanently in the UK (known as 'indefinite leave to remain') as the settled person's unmarried/same-sex partner.
If you want to get married or register a civil partnership and switch into the category of husband, wife or civil partner during your probationary period, you should see our Marriage and civil partnership pages and our guidance for Husbands, wives and civil partners.
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