ECO clients - Harry and Ivy Perry-Lewis Manila, Philippines – In our 14 year experience helping clients file for their UK settlement visa applications, very seldom have we assisted and filed for a UK Unmarried Partner Visa for clients.
By the term of this visa category itself, a “UK Unmarried Partner Visa” seems to give the impression that this is a type of entry clearance which appears to be very easy to apply for and get approved.
Thus, as long as the applicant from the Philippines and her British partner are in a legitimate relationship and they are not married to each other at the time they submit their application, the logical assumption would be, as the name implies, that they can file for an Unmarried Partner Visa and get it easily approved.
This could then be the start of their new life together as a happy couple in the UK... At least that was what applicants initially thought.
However, this was not the case back then. The reason why we almost never encourage clients to apply for the UK Unmarried Partner Visa is because it is very difficult to meet the terms of one of its provision which is - the “two-year living together” requirement, provided under the old rule.
THE OLD RULE FOR A UK UNMARRIED PARTNER VISA
According to the old rule, the Filipina applicant for the UK Unmarried Partner Visa and her British partner/sponsor are required to have physically lived together and be in a relationship similar to marriage or civil partner for a period of at least two (2) years prior to filing the application. This entails cohabitation or living together as if they were husband and wife.
So in order for the UK Unmarried Partner Visa application to be successful, the Filipina applicant and her British partner/sponsor must have first lived together under one roof for two (2) years minimum and proof of this cohabitation must be submitted and attached with the application in order to satisfy the Entry Clearance Officer (ECO) that the applicant complies with this requirement.
Of course if taken separately from the other requirements, this condition is quite simple and easy to meet. The unmarried couple just need to stay and live together under one roof as man and wife for at least two years... easy and straightforward right?
But here is where it gets complicated – aside from this two-year living together rule, the provision also mandates a strict financial requisite that calls for the couple to earn an annual income of at least GBP18,600 before 11 April 2024 which was amended to GBP29,000, after 11 April 2024.
So aside from living together similar to a husband and wife relationship outside the UK for a period of two years, the couple (particularly the British partner/sponsor) must also actually earn an annual income of at least GBP29,000.
And this is what makes the filing of the UK Unmarried Partner visa difficult if not impossible. Because how can the couple live together outside the UK for a period of two years and at the same time earn GBP29,000 in order to comply with the financial requirement? For some, this may be realizable but for majority of the applicants and their British partner/sponsor, this is very challenging.
Even if the British boyfriend/sponsor who is living and working in the UK receives an annual salary of more than GBP29,000, how will he be able to comply with the two-year cohabitation requirement if his work is in the UK? This is the dilemma applicants faced when the old rule was still in effect.
Thus, back in those days when the old rule still applied, whenever clients would visit our office at Ortigas in Metro Manila, Philippines for initial consultation asking for assistance in filing for a UK Unmarried Partner Visa they would occasionally end up going home frustrated and discouraged.
Couples who have been in long-distance relationships enduring years of living apart continue to suffer and defer filing for the UK Settlement Visa because they are unable to comply with the two-year living together period for the UK Unmarried Partner.
By the term of this visa category itself, a “UK Unmarried Partner Visa” seems to give the impression that this is a type of entry clearance which appears to be very easy to apply for and get approved.
Thus, as long as the applicant from the Philippines and her British partner are in a legitimate relationship and they are not married to each other at the time they submit their application, the logical assumption would be, as the name implies, that they can file for an Unmarried Partner Visa and get it easily approved.
This could then be the start of their new life together as a happy couple in the UK... At least that was what applicants initially thought.
However, this was not the case back then. The reason why we almost never encourage clients to apply for the UK Unmarried Partner Visa is because it is very difficult to meet the terms of one of its provision which is - the “two-year living together” requirement, provided under the old rule.
THE OLD RULE FOR A UK UNMARRIED PARTNER VISA
According to the old rule, the Filipina applicant for the UK Unmarried Partner Visa and her British partner/sponsor are required to have physically lived together and be in a relationship similar to marriage or civil partner for a period of at least two (2) years prior to filing the application. This entails cohabitation or living together as if they were husband and wife.
So in order for the UK Unmarried Partner Visa application to be successful, the Filipina applicant and her British partner/sponsor must have first lived together under one roof for two (2) years minimum and proof of this cohabitation must be submitted and attached with the application in order to satisfy the Entry Clearance Officer (ECO) that the applicant complies with this requirement.
Of course if taken separately from the other requirements, this condition is quite simple and easy to meet. The unmarried couple just need to stay and live together under one roof as man and wife for at least two years... easy and straightforward right?
But here is where it gets complicated – aside from this two-year living together rule, the provision also mandates a strict financial requisite that calls for the couple to earn an annual income of at least GBP18,600 before 11 April 2024 which was amended to GBP29,000, after 11 April 2024.
So aside from living together similar to a husband and wife relationship outside the UK for a period of two years, the couple (particularly the British partner/sponsor) must also actually earn an annual income of at least GBP29,000.
And this is what makes the filing of the UK Unmarried Partner visa difficult if not impossible. Because how can the couple live together outside the UK for a period of two years and at the same time earn GBP29,000 in order to comply with the financial requirement? For some, this may be realizable but for majority of the applicants and their British partner/sponsor, this is very challenging.
Even if the British boyfriend/sponsor who is living and working in the UK receives an annual salary of more than GBP29,000, how will he be able to comply with the two-year cohabitation requirement if his work is in the UK? This is the dilemma applicants faced when the old rule was still in effect.
Thus, back in those days when the old rule still applied, whenever clients would visit our office at Ortigas in Metro Manila, Philippines for initial consultation asking for assistance in filing for a UK Unmarried Partner Visa they would occasionally end up going home frustrated and discouraged.
Couples who have been in long-distance relationships enduring years of living apart continue to suffer and defer filing for the UK Settlement Visa because they are unable to comply with the two-year living together period for the UK Unmarried Partner.
| DISCOURAGING AND DEPRESSING Oftentimes, during consultation, when we explain the degree of difficulty in filing for the UK Unmarried Partner Visa and enumerate the supporting documents they have to gather (which as earlier explained was almost impossible to collect), potential clients are usually discouraged and somewhat depressed. Who wouldn’t be? Many of them travel all the way from far-flung provinces for a personal consultation at our Ortigas office only to be told that there was almost no hope for a successful application because of the abominable two-year rule imposed under the UK Unmarried Partner visa. |  Sparks flew when Harry met Ivy! |
However, there were always glimmers of hope. During these typical gloomy and unhappy consultations, ECO-Friendly would always provide two alternatives which clients can opt to file instead of the Unmarried Partner visa.
There were two other options. They could either: 1) Marry in the Philippines and apply for a UK Spouse Visa after the marriage, or; 2) Schedule a future wedding in the UK and file for a UK Fiancée Visa while in the Philippines.
NOT ALWAYS SAD ENDING
Fortunately, these two options (although longer to prepare for and more documents required) were easier to prove. Thus, these initial consultations for the Unmarried Partner visa did not always end sadly.
Since there were other alternatives, if the clients were seriously in love with each other (which is often the case), they would usually decide to go for the alternative and either file for the UK Fiancée Visa or the UK Spouse Visa.
When these clients were briefed comprehensively as to the pros and cons of filing for either the UK spouse visa or UK fiancée visa, most of them opt to file one of these types of visa instead.
In one unforgettable yet priceless moment ever in the history of ECO-Friendly, a young male British boyfriend who was talking with Sir Joel about the difficulty in applying for the UK Unmarried Partner suddenly knelt down on one knee and right there and then proposed to his stunned and bewildered Filipina girlfriend in front of all the other clients inside the office.
According to the British boyfriend, the difficulty in filing the UK Unmarried Partner suddenly overwhelmed him prompting him to just ask the big question to his girlfriend because he did not want to lose her and prolong the agony of being in a long-distance relationship.
Fortunately, ate girl said YES and they decided to file for the UK fiancée visa and celebrate their wedding in the UK. They are now happily living in the UK with two babies.
ENTER NEW RULE DELETING THE OLD DREADED PROVISION
But now finally, there is hope. The UK government has decided to amend the old rule and delete the TWO-YEAR provision for the UK Unmarried Partner Visa. Under the new rule, as long as the applicant and the British sponsor can prove that they are in a durable relationship, this is sufficient to comply with the requirements of the Unmarried Partner Visa. Next time we will discuss the provision regarding DURABLE RELATIONSHIP. (To be concluded)
There were two other options. They could either: 1) Marry in the Philippines and apply for a UK Spouse Visa after the marriage, or; 2) Schedule a future wedding in the UK and file for a UK Fiancée Visa while in the Philippines.
NOT ALWAYS SAD ENDING
Fortunately, these two options (although longer to prepare for and more documents required) were easier to prove. Thus, these initial consultations for the Unmarried Partner visa did not always end sadly.
Since there were other alternatives, if the clients were seriously in love with each other (which is often the case), they would usually decide to go for the alternative and either file for the UK Fiancée Visa or the UK Spouse Visa.
When these clients were briefed comprehensively as to the pros and cons of filing for either the UK spouse visa or UK fiancée visa, most of them opt to file one of these types of visa instead.
In one unforgettable yet priceless moment ever in the history of ECO-Friendly, a young male British boyfriend who was talking with Sir Joel about the difficulty in applying for the UK Unmarried Partner suddenly knelt down on one knee and right there and then proposed to his stunned and bewildered Filipina girlfriend in front of all the other clients inside the office.
According to the British boyfriend, the difficulty in filing the UK Unmarried Partner suddenly overwhelmed him prompting him to just ask the big question to his girlfriend because he did not want to lose her and prolong the agony of being in a long-distance relationship.
Fortunately, ate girl said YES and they decided to file for the UK fiancée visa and celebrate their wedding in the UK. They are now happily living in the UK with two babies.
ENTER NEW RULE DELETING THE OLD DREADED PROVISION
But now finally, there is hope. The UK government has decided to amend the old rule and delete the TWO-YEAR provision for the UK Unmarried Partner Visa. Under the new rule, as long as the applicant and the British sponsor can prove that they are in a durable relationship, this is sufficient to comply with the requirements of the Unmarried Partner Visa. Next time we will discuss the provision regarding DURABLE RELATIONSHIP. (To be concluded)
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