This article explains the UK Unmarried Partner visa route, which falls under the Family visa category. While there is no standalone “Unmarried Partner visa” in the Immigration Rules, the route is a sub-category of Family visas available to the long-term partners of British or settled individuals. For employers, it is important to understand how this route works, as employees or candidates may rely on this visa type for their right to work in the UK. This guide sets out the legal framework, eligibility rules, application process, and employment compliance considerations.
What this article is about: This article provides HR directors, managers, and business owners with a clear overview of the Unmarried Partner visa, including how it fits within the Family visa category, what rights it gives to holders, and the compliance steps UK employers must take.
Section A: Understanding the Unmarried Partner Visa
The Unmarried Partner visa is part of the wider UK Family visa route. It allows individuals in a genuine and subsisting relationship with a British citizen, a person with indefinite leave to remain (ILR), or a person with settled or pre-settled status under the EU Settlement Scheme, to live and work in the UK. Unlike the Spouse or Civil Partner visas, it is not dependent on a formal marriage or civil partnership, but the couple must provide substantial evidence of having lived together in a relationship akin to marriage for at least two years.
1. Definition and where it sits under the Family visa category
The Unmarried Partner visa is not a separate visa route. It is an eligibility category within the Family visa framework. Applicants apply under the Family visa rules as the “partner” of a settled person, selecting “unmarried partner” as the relationship type. This ensures that individuals who are in long-term, committed relationships but not married or in a civil partnership can still join or remain with their partner in the UK.
2. Who qualifies as an unmarried partner
To qualify, the applicant must prove they are in a genuine and subsisting relationship with their UK-based partner and have lived together in a relationship akin to marriage or civil partnership for at least two years. The Home Office expects robust documentary evidence of cohabitation, such as joint tenancy agreements, utility bills in both names, or official correspondence sent to the same address. Where couples have lived apart for periods due to work or study commitments, additional evidence will be required to explain and support the ongoing relationship. In limited “exceptional circumstances”, the Home Office may accept alternative evidence.
3. Difference between Spouse, Civil Partner, and Unmarried Partner visas
Spouse visas are available to legally married couples, while Civil Partner visas are available to couples who have entered into a legally recognised civil partnership. The Unmarried Partner visa caters specifically to couples who have not formalised their relationship legally but can show they have lived together for two years in a committed relationship. Importantly, all three categories fall under the same Family visa rules and carry the same rights and restrictions.
4. Duration of stay and conditions attached
The initial grant of leave under the Unmarried Partner visa is usually 33 months if applied for from outside the UK, or 30 months if applied for in-country. At the end of this period, the applicant may apply to extend for a further 30 months. After five years of continuous residence in the UK under this category, they may become eligible for Indefinite Leave to Remain (ILR), provided they meet all other settlement requirements, including English at B1 level and the Life in the UK test. The visa comes with conditions, including no access to public funds, but it allows unrestricted work and study.
Section A Summary
The Unmarried Partner visa is not a standalone visa but a recognised category within the Family visa route. It allows unmarried partners of British or settled persons to live and work in the UK, provided they can evidence at least two years of cohabitation in a genuine relationship. For employers, the key takeaway is that holders of this visa have the same work rights as spouses and civil partners, making them fully employable without sponsorship.
Section B: Eligibility & Application Process
Applicants seeking entry or stay in the UK as an unmarried partner must meet strict eligibility requirements under the Family visa rules. These ensure the relationship is genuine, the couple can be supported financially, and the applicant can integrate. For HR teams, understanding these rules helps when interpreting right to work evidence and planning start dates.
1. Main requirements for applicants
The Home Office sets out several core requirements:
- Relationship: A genuine and subsisting relationship, with at least two years’ cohabitation in a relationship akin to marriage or civil partnership. Robust documentary evidence is expected.
- Financial: Minimum income threshold of £29,000 per year (from April 2025). If the UK-based partner receives a specified disability-related benefit or Carer’s Allowance, a lower threshold of £23,040 applies. Savings can be used instead or in combination, with a standalone minimum of £88,500.
- Accommodation: Adequate accommodation without recourse to public funds.
- English language: CEFR A1 (speaking and listening) for initial entry, with higher standards at extension and settlement.
HR note: The financial requirement is assessed by the Home Office and does not oblige an employer to set a particular salary unless the sponsor’s earnings are being relied on.
2. Application process (from overseas vs in-country)
Applications are submitted online. Depending on the document and identity route available, applicants may verify identity through the UK Immigration: ID Check app or at a visa application centre. In-country applications are made for leave to remain; out-of-country applications are for entry clearance.
- From outside the UK: Apply online for entry clearance as a partner. On approval, status is granted digitally; where needed, applicants may receive an entry vignette to travel. After arrival, status is confirmed in the digital account.
- From inside the UK: Apply online to switch or extend as an unmarried partner (where switching is permitted). Most applicants receive digital immigration status.
HR note: Biometric Residence Permits (BRPs) have been phased out for new grants. Employers should rely on online right to work checks using the employee’s share code and date of birth.
3. Key documents employers may see in right to work checks
- Digital status (eVisa): Verified via the Home Office online “Prove your right to work” service using a share code.
- Historic BRPs: Some employees may still hold legacy BRPs from earlier grants; however, the statutory excuse is obtained through a compliant online check where digital status exists.
- Passport/ID evidence: Used by the employee to generate a share code; employers must complete the online check and retain evidence of the check date and outcome.
HR practice: Record the visa expiry date and schedule a follow-up check before it lapses.
4. Common refusal reasons employers should be aware of
- Insufficient or inconsistent evidence of two years’ cohabitation or relationship authenticity.
- Failure to meet the financial requirement (income or savings) or to evidence it correctly.
- Not meeting the English language requirement or failing to provide valid test evidence/waiver.
- Adverse immigration history, including previous breaches or overstaying.
Section B Summary
Eligibility focuses on relationship evidence, financial and accommodation rules, and English language. Applications are fully online, with identity verified digitally where possible. For employers, right to work checks should be done via the official online service using share codes, with visa expiry monitoring built into HR processes.
Section C: Employment Rights & HR Considerations
For employers, one of the most relevant aspects of the Unmarried Partner visa is that it grants holders unrestricted rights to work in the UK. However, HR directors and managers must remain alert to compliance obligations and the risks associated with immigration status tied to a personal relationship.
1. Right to work entitlement of Unmarried Partner visa holders
Unmarried Partner visa holders can work without restriction in the UK. They may take up employment in any sector, at any skill level, and on any contractual basis, including full-time, part-time, temporary, or self-employed work. They may also establish a business. Employers are not required to sponsor or report on these employees, which reduces cost and administrative burden compared with sponsored routes.
2. Restrictions
While the visa confers full work rights, it comes with the condition of no recourse to public funds. This does not affect the ability to work but can affect the employee’s personal financial circumstances. There are no restrictions on job type, hours, or sector, distinguishing this route from visas such as the Student or Visitor visa.
3. Risk of visa curtailment if relationship ends and impact on employment
The Unmarried Partner visa is dependent on the continuation of the relationship with the sponsoring partner. If the relationship breaks down, the Home Office may curtail leave. Employees in this position may have a short period in which to apply to switch into another immigration category (such as Skilled Worker). If they do not, their right to work will end once the curtailment takes effect.
HR note: Employers are not responsible for monitoring the personal circumstances of employees. However, if they become aware that an employee’s visa is no longer valid, they must act promptly to avoid liability for illegal working.
4. HR best practice for monitoring visa expiry dates
- Record visa expiry dates at onboarding and in HR systems.
- Use reminders to ensure follow-up checks are made before expiry.
- Always conduct online checks using share codes for digital status holders.
- Apply processes consistently across the workforce to avoid discrimination.
Section C Summary
Unmarried Partner visa holders enjoy unrestricted employment rights, making them attractive recruits from an HR perspective. Nonetheless, employers must remain vigilant in monitoring expiry dates and taking action if immigration status changes. Robust right to work systems help prevent non-compliance and support lawful workforce management.
Section D: Compliance for UK Employers
Employers hiring individuals under the Unmarried Partner visa route must comply with UK right to work legislation. While sponsorship duties are not required, HR directors and managers should understand verification obligations, avoid discriminatory practices, and consider how best to support employees holding this visa.
1. Right to work check requirements for this visa route
Employers must carry out a compliant right to work check before employment starts. For Unmarried Partner visa holders, this means:
- Using the Home Office online “Prove your right to work” service with the employee’s share code and date of birth.
- Retaining evidence of the check (screenshot or PDF) showing the employee’s right to work and the date of the check.
- Recording visa expiry dates and scheduling follow-up checks.
HR note: As Biometric Residence Permits (BRPs) are being phased out, most new visa holders will hold digital status (eVisa). The statutory excuse is only established via the official online checking service.
2. Avoiding discrimination in recruitment where candidates disclose Family visas
Employers must not treat applicants less favourably because they hold an Unmarried Partner visa. Provided the individual has valid permission to work, rejecting them on the basis of visa type risks claims of unlawful discrimination. Consistency is key: apply the same right to work processes for all candidates, regardless of nationality or visa route.
3. Sponsorship not required: implications for workforce planning
Because this visa route does not require sponsorship, employers avoid sponsor licence costs and reporting duties. This can simplify recruitment where candidates already hold valid Family visas. However, HR teams should remain aware that an employee’s right to work is conditional on their relationship, and unexpected curtailment is a possibility. Workforce planning should include contingencies for immigration-related risks.
4. Supporting employees in extensions and settlement applications
Employees on this route will usually need to extend their visa after 30 or 33 months, and may later apply for ILR after five years. While employers are not required to provide support, many businesses assist by providing confirmation of employment and income. This can strengthen employee retention and ensure the continuity of right to work. Employers should not, however, assume responsibility for the application process itself.
Section D Summary
Employers do not need to sponsor Unmarried Partner visa holders but must comply fully with right to work legislation. By conducting correct checks, avoiding discrimination, and supporting employees through extensions or settlement where appropriate, HR teams can reduce compliance risk and improve workforce stability.
FAQs
Is there a specific ‘Unmarried Partner visa’ in the UK?
No. There is no standalone visa called the “Unmarried Partner visa” in the Immigration Rules. Instead, this category falls under the Family visa route for partners of British citizens or settled persons. Applicants select “unmarried partner” when applying for a Family visa as a partner.
Can someone on an Unmarried Partner visa work without restrictions?
Yes. Unmarried Partner visa holders are granted full rights to work in the UK without restriction. They can work in any sector, at any skill level, and do not require sponsorship.
What happens if an employee’s relationship breaks down?
If the relationship with the sponsoring partner ends, the visa holder may lose their immigration status. The Home Office can curtail their leave, which also ends their right to work. Employees may apply to switch into another immigration category, but if they do not, their permission to work will end when curtailment takes effect.
How long before an Unmarried Partner visa holder can apply for ILR?
After five continuous years of residence on this visa route, the individual may be eligible to apply for Indefinite Leave to Remain (ILR), provided they continue to meet all requirements, including English at B1 level and passing the Life in the UK test.
Does the employer have to sponsor an Unmarried Partner visa holder?
No. This visa route does not require sponsorship. Employers’ duties are limited to carrying out correct right to work checks and monitoring visa expiry dates.
Conclusion
The Unmarried Partner route sits within the UK Family visa framework and enables long-term partners of British or settled persons to live and work in the UK. For employers, it removes the need for sponsorship and associated costs while granting employees unrestricted work rights. The legal risks arise not from sponsorship duties but from right to work compliance and the potential for status changes if the underlying relationship ends.
HR teams should establish clear processes: complete online right to work checks using share codes, record visa expiry dates, and schedule follow-up checks before expiry. If notified of a relationship breakdown, act promptly and lawfully, recognising that an employee may switch into another route. Offering practical support—such as employment letters for extensions or ILR after five years (subject to B1 English and the Life in the UK test)—can aid retention and ensure continuity of lawful working.
By applying consistent, non-discriminatory checks and planning for immigration contingencies, employers can recruit and retain talent on this route with confidence while maintaining a robust compliance position.
Glossary
Term | Definition |
---|---|
Family visa | A UK immigration category allowing spouses, partners, children, and certain other family members of British citizens or settled persons to live in the UK. |
Unmarried Partner | An individual who has lived with their UK-based partner for at least two years in a committed relationship akin to marriage or civil partnership. |
ILR (Indefinite Leave to Remain) | Permanent residency in the UK, granted after meeting eligibility requirements, allowing the holder to live and work in the UK without time restrictions. |
Right to work check | The legal duty placed on employers to verify and record an individual’s immigration status to establish their permission to work in the UK. |
No recourse to public funds | A visa condition prohibiting access to certain welfare benefits and public housing, though it does not affect the right to work. |
Useful Links
Resource | Link |
---|---|
GOV.UK – Family visas | https://www.gov.uk/uk-family-visa |
GOV.UK – Prove your right to work | https://www.gov.uk/prove-right-to-work |
DavidsonMorris – Spouse & Partner visas | https://www.davidsonmorris.com/partner-visa/ |
DavidsonMorris – Unmarried Partner visa UK | https://www.davidsonmorris.com/unmarried-partner-visa-uk/ |
Xpats.io – Spouse Visa | https://www.xpats.io/spouse-visa/ |
Author

Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing & Content Agency for the Professional Services Sector.
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