Many people who come to the UK as students or temporary workers form relationships while they are here. If you are married, in a civil partnership, or in a long-term relationship, you may be able to switch into the partner visa route (Appendix FM) from inside the UK.
This article explains, at a high level, who can switch, the key requirements, and what to expect from the application process.
Who can switch into a partner visa?
To switch into the partner route (Appendix FM), there are specific rules about:
- your current immigration status (the applicant)
- your partner’s status (the sponsor)
- your relationship
1) Your immigration status (the applicant)
If you were granted entry clearance or permission to stay in the UK for at least six months, you may be able to switch into the partner route from inside the UK.
This commonly includes people on routes such as:
- Student
- Youth Mobility
- Graduate
Important: consider the impact on settlement (ILR)
Before switching, think carefully about when you may qualify for Indefinite Leave to Remain (ILR).
In many cases, switching to the partner route starts (or restarts) a qualifying period on that route (currently usually five years) before you can apply for ILR. Time spent on other visa routes generally does not count towards that five-year period.
For example, if you have already spent time on a Skilled Worker visa, it may be quicker to remain on that route rather than switching.
Visitors usually cannot switch
People in the UK as visitors are specifically excluded from switching under the Immigration Rules. This generally means you would need to leave the UK and apply from overseas.
Visitor applications made in-country are likely to be refused unless there are very strong human rights reasons for a grant of leave. This situation is not covered further here, and anyone considering it should seek specialist advice.
2) Your partner’s immigration status (the sponsor)
The partner route has expanded in recent years. Your partner may be able to sponsor you if they are:
- a British citizen
- settled in the UK (have ILR, including ILR granted under the EU Settlement Scheme)
- in the UK with limited leave under the EU Settlement Scheme
- in the UK with limited leave as a refugee
If your partner is an EU citizen
In some cases, you may still be able to apply under the EU Settlement Scheme (EUSS), but only if:
- your relationship existed before 31 December 2020, and
- your sponsoring partner was resident in the UK by that date
If this might apply to you, seek advice. It may be advantageous because you may be able to apply under the EUSS instead.
3) What types of relationship qualify?
Appendix FM generally recognises these relationship types:
- Spouse (husband or wife)
- Civil partner
- Unmarried partner in a relationship similar to marriage for at least two years
Planning to marry in the UK?
If you plan to marry in the UK, you usually need to give at least 28 days’ notice before the ceremony can take place.
In some cases, UKVI can extend the notice period to 70 days if they have concerns that the relationship is not genuine and they need to investigate further. Make sure you allow enough time for the notice period and ceremony to take place before your current permission expires.
Fiancé/fiancée applications must usually be made from overseas
You cannot normally switch into the partner route from inside the UK as a fiancé/fiancée. A fiancé/fiancée application is generally made from outside the UK, with the intention of marrying within six months of arriving.
Armed forces families
There are special rules for partners of UK armed forces members. These can be favourable, so this route should be considered where relevant.
What counts as a “relationship similar to marriage”?
Previously, unmarried partners generally had to show they had lived together for two years. Cohabitation is no longer a strict requirement.
Home Office guidance indicates that couples must usually have lived together in a relationship for two years. However, UKVI may accept the relationship where there are good reasons why the couple did not live together.
Examples in the guidance include:
- work or study commitments, or
- a lack of acceptance of same-sex relationships or unmarried cohabitation
In these cases, UKVI will look for evidence of an ongoing relationship. This may include:
- regular communication
- visits and holidays together
- financial support
- care of children you have together
- other evidence showing a genuine and subsisting relationship
If you are both currently in the UK, UKVI is more likely to expect that you have lived together for at least some of the last two years. You will also need to show you intend to live together permanently in the UK. There is not currently provision in the Immigration Rules for couples who choose to live separately indefinitely.
What are the requirements for the partner route?
The requirements include:
- Suitability (including conduct and immigration history)
- Relationship
- Financial requirement
- Accommodation
- English language
More detail is available in the Home Office guidance: https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members
Financial requirement: special points when switching
If you currently hold a visa that allows you to work, your income may be counted towards meeting the financial requirement.
Depending on the type of income, it may be possible to combine:
- your income, and
- your sponsor’s income
Student visa holders
Student visa work is usually restricted (generally a maximum of 20 hours per week) during term time, but may be unrestricted outside term time and once the course has finished.
Academic grants and stipends
If the visa applicant or sponsor receives an academic maintenance grant or stipend, it may be included towards the financial requirement if:
- it will be paid for a further 12 months (or a full academic year), or
- it will start within three months of the application date
Tax-free amounts are counted as the pre-tax (gross) figure. For example, a tax-free grant/stipend of £21,805 would be equivalent to £25,397.
This is below the financial requirement of £29,000 for people switching into this route now, but it may be possible to combine it with other sources of income.
When can I switch into the partner route?
You can apply to switch as soon as you meet the requirements.
If you are currently sponsored as a student or worker, you can generally continue your course or employment. However, if you are granted a partner visa, you should tell your course provider or employer. They will no longer need to sponsor you and should report that your sponsorship has ended to UKVI.
As noted above, you should also consider how switching would affect the date you can apply for ILR.
What is the application process?
You must complete an online application and pay:
- the visa application fee, and
- the Immigration Health Surcharge (IHS)
You will also need to attend a UK Visas and Citizenship Application Centre to provide biometrics (fingerprints and a facial image).
Supporting documents can be uploaded before the appointment. For an additional fee, documents can be scanned at the visa application centre. You can keep your documents (including your passport) while a decision is being made.
How long is the visa granted for?
If your application is successful, permission is normally granted for 2.5 years.
If you meet all requirements, you would usually be placed on the 5-year route. After extending for a further 2.5 years, you should be able to apply for Indefinite Leave to Remain (ILR). The government has published proposals to change ILR rules and timeframes, so it is important to check the latest position.
What if my current visa expires before I get a decision?
If you submit a valid application before your current permission expires, you can usually remain in the UK on the same conditions while your new application is decided (even after the expiry date).
This means you can continue to work if your current permission allows it. You must continue to comply with your current visa restrictions (for example, term-time work limits for students) until the partner visa is granted.
Your employer may be able to update right to work checks using the reference number from your online application and the Employer Checking Service.
How long does a decision take?
The standard processing time is eight weeks. Some applications take longer if the Home Office considers the case more complex.
In some cases, applicants can pay an additional fee for a faster decision (for example, a next working day service).
Important note
This article is for general information only and should not be relied on as legal advice for your specific circumstances. You should check the Home Office website for the latest guidance and any changes to UK immigration law.
If you would like advice or help with switching into a partner visa, please contact us. You can also read more about our services and our fees: https://redwingimmigration.co.uk/fees/