Table of Contents
- What is a UK Defacto Visa?
- Who can apply for a UK Defacto Visa?
- What are the requirements for a UK Defacto Visa?
- How Do I Satisfy the Genuine Relationship Requirement?
- Financial Requirements for UK Defacto Visa
- UK Defacto Visa Required Documents Checklist
- What is the UK Defacto Visa English Language Test?
- UK Defacto Visa: Application & Requirements
- How to Apply for a Defacto Visa
- Application Process for UK Defacto Visa
- Defacto Visa Appeal Process
- How Can Salam Immigration Help?
What is a UK Defacto Visa?
A UK Defacto Visa, also known as a UK Partner Visa, enables unmarried partners of a British citizen or settled person to live in the UK for up to 30 months.
This visa category falls under the Family Visa classification and offers a pathway to Indefinite Leave to Remain (ILR) and, ultimately, British Citizenship. Applicants must be in a genuine and subsisting relationship with a British citizen, a UK settled person, or a UK refugee to qualify.
To apply for a UK Defacto Visa and enter the UK, you must provide evidence of your long-term relationship and meet specific financial conditions. Holders of this visa have the right to work in the UK, just like British citizens. However, they are not eligible for most public benefits, including housing allowance or tax credits.
Contact our immigration lawyers for expert advice on your UK Defacto Visa application. We can guide you through the process of entering the UK and obtaining leave to remain with your partner if they are a UK citizen.
Please note that this visa is different from the UK Marriage Visitor Visa, which only permits travel to the UK to get married or enter into a civil partnership, irrespective of your partner’s nationality.
Who can apply for a UK Defacto Visa?
You can apply for a UK Defacto Visa if you are:
- In a genuine and subsisting relationship with a UK citizen or settled person.
- Both partners are at least 18 years old.
- Able to meet the financial requirements.
- Intending to live together in the UK permanently.
At Salam Immigration, we offer a wide range of services, including partner and family visas, permanent residency and British citizenship applications, work permits, deportation appeals, and refugee and humanitarian protection enquiries.
Get in touch with our expert immigration solicitors for guidance.
What are the requirements for a UK Defacto Visa?
Before you submit your application for a UK Defacto Visa, you need to:
Genuine Relationship Test:
- Be in a genuine and subsisting relationship with a British citizen or settled person.
- Both partners must be over 18 years old.
- Demonstrate your knowledge of the English language.
- Intend to live together in the UK permanently.
- Provide biometric data to obtain leave to remain.
- Meet the financial requirements (minimum income of £29,000).
- Have proof of suitable accommodation in the UK.
- Depending on your country of residence, you may also need a medical test to confirm you do not have Tuberculosis (TB).
What is the ‘Genuine Relationship Test’?
The UK Defacto Visa applicant must prove they are in a genuine relationship with their British citizen partner. You need to provide evidence that:
- You have lived together for at least 2 years.
- You have children together.
- You share financial responsibilities.
How Do I Satisfy the Genuine Relationship Requirement?
There are different types of evidence you can submit to the Home Office, such as:
- Photos of you together.
- Travel itineraries showing trips taken together.
- Joint bank account statements.
- Correspondence addressed to both of you.
- Proof of shared financial responsibilities.
- Birth certificates of children together.
- Evidence of living together (e.g., rental agreements).
- Personal statements detailing your relationship history.
If you do not have evidence that meets these criteria, you may provide:
- Letters from friends and family supporting your relationship.
- Social media interactions.
- Communication records (e.g., emails, messages).
If You Do Not Live Together:
If you cannot live together due to work, study, or cultural reasons, you must prove that you have an ongoing commitment to each other. You can do this by providing evidence that you:
- Regularly communicate with each other.
- Visit each other whenever possible.
- Make plans for your future together.
- Share significant events in each other’s lives.
Before submitting your UK Defacto Visa application, ensure that:
- All required documents are complete and accurate.
- You meet all eligibility and financial requirements.
- You provide evidence of a genuine and subsisting relationship.
Contact our Immigration Lawyers to understand the requirements of a UK Defacto Visa.
Financial Requirements for UK Defacto Visa
To apply for a UK Defacto Visa, the UK-based sponsor must meet specific financial requirements.
First and foremost, you must demonstrate that you and your partner have sufficient financial resources to support yourselves without relying on public funds. The sponsor must have a minimum annual income of at least £29,000 before tax.
What if I don’t meet the financial requirement?
If you do not meet the financial requirement, seek guidance from our expert immigration lawyers. In some cases, exceptional circumstances may apply, making it possible to explore alternative options.
Different Sources of Income That Can Be Used for UK Defacto Visa
To meet the financial threshold for your UK Defacto Visa application, the following income sources can be considered:
- Cash Savings - £16,000 + (income requirement x 2.5 years)
- Self-employment income or employment income
- Pensions
- Rental income
- Verified investment dividends
Using Savings:
Savings between £16,000 and £88,500 can contribute to meeting the financial criteria for the UK Defacto Visa. If your savings are less than £16,000, they will not count towards the requirement. However, savings over £16,000 reduce the amount required from other sources.
Savings exceeding £88,500 mean you can meet the financial requirement entirely through savings alone, eliminating the need to prove a salary or other financial resources.
If your partner is applying from outside the UK, their savings can contribute to the requirement but not their income. However, once they begin working in the UK, their earnings can count towards the total financial threshold. You can also combine savings and earnings to meet the minimum financial requirement, but you must demonstrate financial stability for the entire visa duration.
Can I Use Income from Benefits?
In certain circumstances, you may not need to meet the full financial criteria if you receive any of the following benefits:
- Disability Living Allowance
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Attendance Allowance
- Carer’s Allowance
- Personal Independence Payment
- Armed Forces Independence Payment
- Guaranteed Income Payment under the Armed Forces Compensation Scheme
- Constant Attendance Allowance
- Mobility Supplement or War Disablement Pension under the War Pensions Scheme
- Police Injury Pension
However, you must prove that you have adequate maintenance funds to support yourself and any dependents. The amount required varies based on individual circumstances but generally starts at £120 per week after housing costs. If you have children, this requirement will increase accordingly.
Our experienced immigration solicitors can assist you in securing your UK Defacto Visa. Get in touch with us today.
UK Defacto Visa Required Documents Checklist
Having the correct documentation is essential for a successful UK Defacto Visa application. Submitting the required documents in the correct format to the Home Office will help prevent delays. Here are the documents you need:
- Proof of accommodation
- Evidence of a genuine relationship
- A valid passport
- Proof of living together for at least two years
- Any previous immigration documents
- Proof of financial eligibility
- A certificate of English language proficiency
- Proof that you are in a relationship with a British citizen or settled person (such as a copy of their passport)
If any documents are not in English, they must be accompanied by an official translation. Ensure all evidence is presented in the exact format required by the Home Office to avoid any delays or complications.
What is the UK Defacto Visa English Language Test?
Applicants must prove their English language proficiency to obtain a UK Defacto Visa. If required, applicants must take a Secure English Language Testing (SELT) exam in speaking and listening. This qualification is only valid if taken through an approved SELT provider.
Currently, immigration-related SELT tests can only be taken through Trinity College London or the IELTS (International English Language Testing System) Consortium.
English Language Test Exemptions
You do not need to take the English language test if you:
- Are a national of a majority English-speaking country
- Are under 18 or over 65
- Have a physical or mental condition that prevents you from meeting the requirement
- Hold a degree or qualification that was taught or researched in English, provided it is confirmed by UK NARIC.
UK Defacto Visa: Application & Requirements
If you want to settle in the UK with your partner, our team is happy to assist you in the process.
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What are UK Defacto Visa accommodation requirements?
You will need to present proof of accommodation that meets UK living standards as part of your UK Defacto Visa application.
Your UK national partner, who acts as your sponsor, will need to show that they can provide adequate accommodation for themselves, the applicant, and any dependents who intend to live in the UK.
The Home Office requires you to provide evidence that your living situation is suitable for everyone involved and complies with the housing standards set by UK law. Ensuring all documentation is accurate and complete will help prevent delays in your application process.
For proof of accommodation, the Home Office will ask you to provide:
- Tenancy agreement or property ownership documents
- Evidence of living arrangements
- Proof of sufficient living space
Qualifying for Accommodation Requirements To qualify for the UK Defacto Visa accommodation requirements, your property needs enough rooms to accommodate the couple and any dependents. Each person needs an individual room; however:
- Two children aged under 10 can share one room
- Babies under one year can live in the same room as the couple
- The property must meet health and safety standards
- The accommodation must not be overcrowded
- You must provide a letter from the landlord (if renting)
- Evidence of adequate living conditions
This means that two children aged under 10 years can share one room, and babies under one year old can live in the same room as the couple.
Ensure your UK Defacto Visa application meets all accommodation requirements.
How to Apply for a UK Defacto Visa
Ensure you start your UK Defacto Visa application ahead of your planned move to the UK, and do not book your flight or travel before you get visa approval from the Home Office. The UK Defacto Visa application process can start online by completing Appendix FM and other forms from outside the UK. However, you may need to visit a visa application centre to give your biometrics as part of the process. Note that there are several forms and documents involved, and they must be filled correctly with sufficient evidence to increase your chances of obtaining a UK Defacto Visa.
If you are applying from within the UK, the process is different as you will need to show proof that you are in the country on an eligible visa to switch to the UK Defacto Visa. You can only apply from inside the UK if your current visa is eligible. When reviewing your UK Defacto Visa application, if the Home Office has any doubts about your application, you may be invited to come for an interview. During the interview, you will be asked questions to determine the genuineness of your relationship and your intent in the UK.
The UK Defacto Visa application process can be lengthy and difficult to navigate alone. We can help. Contact us now on 0161 839 7396 or make an enquiry online to speak with one of our immigration lawyers about your application for a UK Defacto Visa.
Application Process for UK Defacto Visa
It usually takes between 2 to 12 weeks for a UK Defacto Visa case to be processed. The processing time can vary depending on the documents provided and the country from which the application is submitted.
Accepted UK Defacto Visa Application
When your application is accepted for a UK Defacto Visa, you will be granted leave to remain, which allows you to enter the UK within a 30-day period. Upon arrival in the UK, you will have a 10-day period in which to collect a Biometric Residence Permit (BRP). If you fail to enter the UK within this time frame, you can submit an application for another 30-day entry permit, but you will be charged an additional fee.
Rejected UK Defacto Visa Application
If your case is rejected, you can appeal against the Home Office’s decision. This is a lengthy and challenging process that is best assisted by an immigration adviser. Our experts can assist with all aspects of your case. If you need help with your UK Defacto Visa appeal application, please get in touch. We have offices located across the UK, including in London, Manchester, and Birmingham. You can also use our office finder to locate the closest branch to you.
UK Defacto Visa rejected? Our lawyers can guide you on the next steps.
UK Defacto Visa Appeal Process
If you wish to submit a UK Defacto Visa appeal, you should act quickly and follow these steps:
- Submit your appeal to the Immigration Asylum Chamber within 28 days of receipt of the refusal decision if overseas, or 14 days if your application was made inside the UK.
- Ensure that your grounds for appeal are legitimate and likely to be accepted.
- Prepare your case to submit the strongest possible application to the Immigration Tribunal.
- Gather the supporting documents to demonstrate why your application should be accepted.
- Attend your hearing at the Tribunal (if relevant).
UK Defacto Visa Appeal Timeframe
Unfortunately, the appeal process for a UK Defacto Visa can be quite lengthy. Some applicants may have to wait up to 12 months or longer for a decision on their appeal against a UK Defacto Visa refusal.
Reasons for Refusal
Some reasons for refusal include:
- Insufficient financial evidence
- Incomplete documentation
- Lack of proof of a genuine relationship
- Failing to meet accommodation requirements
The best way to avoid having to go through the UK Defacto Visa appeal process is by ensuring that your initial application is as accurate as possible.
Renewing or Extending a UK Defacto Visa
You can renew and extend your UK Defacto Visa for another 2.5 years, as long as your current leave to remain hasn’t expired.
Extension Requirements
In order to qualify for a UK Defacto Visa extension, you must:
- Continue to meet the financial requirement
- Prove that your relationship is genuine and subsisting
- Provide proof of accommodation
- Pass an English test (if required)
- Provide current biometric information
There are a few other requirements for a UK Defacto Visa extension. Kindly reach out to us today on 0161 839 7396 for advice or support with a UK Defacto Visa extension application. After you have lived in the UK for a total of 5 years on your UK Defacto Visa, you can apply for settled status (ILR). Get in touch with our lawyers if you need to apply for a UK Defacto Visa renewal.
How Can Salam Immigration Help?
UK Defacto Visa applications can be complex, and using the services of an immigration expert is highly recommended. You will need to ensure that you meet all of the mandatory requirements, complete the relevant forms, and collate your evidence for submission. This will need to be extensive and prove that your relationship is genuine.
At Salam Immigration, we understand the importance of being close to loved ones, and we make it our priority to maximise your chances of doing this.
Our team of specialist immigration advisers and visa solicitors can guide you through each step of your application process for a UK Defacto Visa. Our services include:
- Detailed consultation
- Document preparation and review
- Submission of applications
- Representation at tribunals
- Provide current biometric information
We offer immigration advice in person at our UK offices or via phone.
