Unmarried or same-sex partner: applications on or before 8 July 2012
Can you apply?
This section is for the unmarried or same-sex partner of a British citizen or a person who is settled here who had applied on or before 8 July 2012 for a visa to come to the UK.
If you had not applied for a visa under this category by that date, please see the main Partners section for the different rules that apply to you.
If you applied to come to the UK as a partner on or before 8 July 2012, the conditions of your stay have not changed. If you apply to extend your stay or settle in the UK, we will consider your application under the rules that applied until 8 July 2012.
The information on these pages is based on Part 8 of the Immigration Rules.
If you apply but cannot meet all the requirements for this category, you will be refused and your application fee will not be refunded.
Your unmarried or same-sex partner must be:
- currently living and settled in the UK; or
- returning to the UK with you to live here permanently (if you are currently outside the UK).
You must show that:
- you are both at least 18 years old on the date when you would arrive in the UK or when we would give you permission to enter or remain;
- any previous marriage or civil partnership that either of you was in has permanently broken down;
- you are not related by blood;
- you 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 2 years;
- you both plan to live together permanently;
- you meet our English language requirement, unless you can show that you qualify for an exemption - see the English language page;
- you can support yourselves and any dependants without help from public funds - see the Maintenance page; and
- you have adequate accommodation where you and your dependants can live exclusively and without needing public funds.
The Documents required page explains how you can demonstrate that you meet these requirements.
You must also meet all the other requirements of the Immigration Rules - see 'More information' below.
Can you 'switch' if you are already in the UK?
You may be allowed to switch into the category of unmarried or same-sex partner if:
- you are currently in the UK with permission as the unmarried or same-sex partner of a relevant points-based system migrant, and you are still that person's partner; or
- you entered the UK in a different immigration category (for example, as a student), and you have been given permission to live here for a total of more than 6 months since your most recent admission to the UK. For example, you can switch if we gave you a 3-month visa and then permission to remain for 5 months, totalling 8 months. Your current permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules).
You will not be allowed to switch if:
- you have entered or remained in the UK in breach of the immigration laws (for example, by overstaying your visa); or
- your relationship began after a decision was made to deport or remove you from the UK; or
- you came to the UK as a visitor with permission to stay for 6 months - you must leave the UK and apply from your country of residence.
More information
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Other requirements (general grounds for refusal)
Even if you meet the requirements described above, we may refuse your application for other reasons (such as your previous immigration history) . For more information about these 'general grounds for refusal', see Chapter 9 of our immigration directorate instructions.