8th June 2020

Staying In The UK With UK/Settled Partner

If you are in a relationship with a British national or settled person (someone with permanent residence) you may be able to apply to remain here. You will have to meet a number of requirements including:

  1. Maintenance/Accommodation requirement
  2. English language at level A1 CEFR
  3. Suitability/Genuine relationship requirements
  4. Intend to live together permanently in the UK
  5. Application process and outcome

Maintenance/Accommodation requirement

You or your partner either need to have an earned income of £18,600 (in a job or from self employment in the UK held for 6 months prior to the date of the application), or

A maintenance award/scholarship of £15,800 which will continue for 12 months after the date of application, or

£62,500 in cash savings (held for 6 months prior to the date of application).

Proving that you have the funds is one of the most difficult areas for most students and requires very careful preparation as there are very strict rules on the format and type of documents accepted.

English language at level A1 CEFR

If you have a degree taught in English you will meet this requirement. If you are a British student and your partner is a non EEA national they may need to take an approved English language test unless they meet one of the exemptions.

Suitability/Genuine relationship requirements

You will need to provide evidence to prove that you are in a genuine relationship. It is not enough to provide a marriage certificate. We recommend you prepare a relationship statement which gives the full background to your relationship particularly if you are currently not living together because your partner is out of the UK. If you are applying as a unmarried partner you will need to show that you have been living together for 2 years by providing 6 documents jointly addressed to you or up to 12 individual documents from 3 different sources. There are strict requirements on the type of documents accepted.

Intend to live together permanently in the UK

You should only apply for this visa if you intend to live together in the UK on a permanent basis. If you have been separated due to work or study commitments you will need to explain this clearly in your application.

Application process and outcome

This is a very complex application and can take months to prepare the evidence. The form itself is very confusing and lengthy and we strongly recommend that you see a specialist adviser to help you prepare the application. If it is sucessful you will be granted an initial period of 30 months (if applying in the UK) and 33 months (if applying outside the UK). You can extend your initial grant of leave for the maximum period of 5 years after which you can apply for permanent residence. During this 5 year period you will have a right to work, set up in business or study.