Outside UK
MAKING AN APPLICATION FROM OUTSIDE THE UK
Note: Unless otherwise stated, all guidance below relates to unmarried
partners applications, not proposed civil partner applications - more information on this category can be found on our
Civil Partnership
page.
Should I make an application from outside the UK?
If the foreign partner is living outside of the UK and if all the
requirements of the Unmarried Partners Rule are met and the evidence is in
place then an application should be made for an entry clearance
to come to the UK as an unmarried partner. If, however, you have any
doubts as to whether you meet the terms of the Rule you should not apply
from outside of the UK before obtaining legal advice. This is because if
you make an application and it is refused it will be very difficult for
the foreign partner to come to the UK in any other category, (e.g.
visitor, student, etc). This is because once you have expressed an
intention to come to the UK to live with your partner with a view to
permanent residency immigration officers will doubt your intention to
return to your home country if you subsequently try to obtain entry as a
temporary visitor or student.
Where do I make the application?
You make the application to the nearest British Diplomatic Post, which
has a Visa Section. In virtually all-capital cities there is either a
British Embassy or a British High Commission, which has a visa section and
there may be a British Consulate in other major cities.
Find
your nearest Embassy
Do I need to pay a fee to make the application?
Yes. A fee is payable in local currency (Fees
table in GBP). No fees are currently payable by the existing spouses, civil
partners or
dependants/family members of EEA nationals. Please note that
currently proposed Civil Partners of EEA citizens are still
processed under UK immigration law and thus fees may apply.
See paragraph below for further explanation.
Which form should I use?
VAF4 - Settlement
(from 28/10/07)
Partners of British nationals, others with indefinite leave to remain and those with right of abode in the UK
should use this form. Irish nationals are recognised as settled in the UK for the purposes
of immigration law. Accordingly, the unmarried partner of an Irish
national should apply as if they were the partner of a British national.
Form
VAF4 covers many categories but includes provision for unmarried
partners (6.1) Section 6.4 deals with the relationship to the sponsor.
6.4.2 asks when you first met. 6.4.4 asks when your relationship began.
6.4.12 asks if you have ever lived with your sponsor in a relationship like
marriage (or civil partnership) - Yes, you have lived together
in such a relationship since... (in the case of unmarried partners a date at least 2 years prior to the
application). Q 6.4.13 asks if your sponsor has ever been married
before, or in a relationship like marriage - If yes, it will be
necessary to show evidence that they are now divorced/separated or that the previous relationship has broken down.
It is still possible to apply for
"Indefinite Leave to Enter" (ILE) if you have lived together with
your partner for 4 years outside the UK, in a legally recognised
partnership or in a "relationship akin to marriage". This can
result in immediate ILR on entry. If, however, the
"Living in the UK" test
has not yet been passed (e.g. during a previous visit), ILE with 2 years
leave to remain will be granted. During this time the applicant can, at
any point, pass the test and apply for ILR. This also applies to
civil partners.
Diplomatic Service Procedures paras 13.14 and 13.15.
Immigration Directorate's Instructions -
Chapter 8 Section 9 para 2.6
(pdf)
Immigration Rules paragraphs
281(i)(b)(i) and 295A(i)(b)(i)
Partners of those in long-stay
categories deemed as "leading to settlement" (work permit holders, ancestry
visa holders, retired persons of independent means) previously completed
VAF1
as the dependent of a person in a long-stay category. From 28/10/07,
such people should now complete the "dependents" section in the application
form relevant to the sponsor's stay - e.g.
VAF2 if the sponsor is a work permit holder.
Partners of EEA nationals in "durable relationships" (or those in an
existing Civil Partnership or equivalent) can apply for visas as "family members"
under EU law using
VAF5. The
EEA sponsor does not need to have a UK
registration certificate (formerly called a residence
permit) prior to this application, so they can if necessary enter the UK at
the same time as their partner.
Diplomatic Service Procedures (UKVisas).
EEA/EU
nationals and family members (BIA).
[The EEA regulations 2006, implemented by the UK government on 30th April
2006 recognise those in "durable relationships"
under EU law. This is currently interpreted by the Home Office to mean those qualifying (with 2 yrs prior cohabitation) under the
UK unmarried
partners rules. This may be subject to challenge in individual cases as the
EEA directive does not actually say there has to be 2 years cohabitation.] Note that
EEA sponsors of proposed civil partner applications, which come under
UK law, are required to have a UK
registration certificate before
a PCP application can be made. See
Civil Partnership.
What documents do I need to submit with the forms?
You need to submit similar documents as you would for making an
application in the UK (apart from two passport-sized photographs and
usually six months worth of bank statements and pay slips, if
working). British Diplomatic Posts have the right, however, to request
additional documents - e.g. birth certificates for applicant and sponsor,
certified copy of sponsor's passport. It is always worth checking
locally
for such extra requirements.
Please see the section on
Making an
Application from within the UK for details of the evidence that you will need to
submit and the way you should present the application. We have also
listed the suggestions under
Evidence
.
What
should I do if I need to delay travel to the UK ?
You might, quite
naturally, not want to make your final arrangements for leaving until the
visa is in your passport. If your first entry is likely to be delayed
for more than a month for any reason, it is possible, at the time of issue,
to request that the start date on the visa be deferred for up to 3 months.
This is important as delayed entry will mean having to make an application
for an extension to complete the 2 years living in the UK. This would not be
a problem - just an inconvenience and will mean a further fee is incurred
when you make that application in the UK.
Where do I send or take the application?
You can send the application by post to the nearest
British High Commission or
Embassy. Alternatively, you can submit it in person. Where an application
is made from abroad it is common practice for the applicant to be
interviewed. If your case is not straightforward, it is also usually a good idea
for the applicant’s partner to accompany the applicant to any interview
in case the entry clearance officer wishes to ask any questions of the
applicant’s partner.
How long will it take for my application to be considered?
This all depends on the particular Embassy or High Commission. It has
been known for applications to be granted on the same day that they have
been submitted. In some countries it can take considerably longer.
What happens if my application is refused?
If the application is refused you have the right to appeal against the
decision. You have to lodge the appeal forms with the Embassy or High
Commission within 3 months of the decision. The appeal will be heard in the
UK at an immigration court (see section on making an application in the
UK), but there is likely to be considerable delay. See
Refusals & Appeals .
If you are not satisfied with the level of service provided by the UK
visas office at an Embassy or High Commission overseas you can make a complaint
to the
Visa
Correspondence Section of UKvisas . "UKvisas" is a joint Home
Office and Foreign & Commonwealth Office Unit which runs the UK's visa
service through British diplomatic posts overseas. (Previously called the
Joint Entry Clearance Unit).
What happens if the application is granted
and what happens next?
An entry clearance certificate (visa) will be placed in your passport
which will give you permission (leave), from that date, to enter the UK as
an unmarried partner. On arrival, leave to enter will only be refused if
there is evidence that you obtained the visa by deception or if there has
been a material change in circumstances (e.g. you have split up since
getting the visa!).
1. If the entry clearance is endorsed
"accompanying/to join partner (partners surname and first initial)", you
will be given leave to enter for 2 years and this will be good for
multiple entry. You will be able to apply for
Indefinite Leave to Remain (ILR/settlement)
on form
SET(M)after completing 2 years living in the UK as an unmarried
partner.
Absences from the UK of up to three months
continuously should not affect your application for ILR
providing these occur after the initial entry into the UK. (See
delaying
entry above). There is no fixed rule as to the overall amount of time an
individual can spend outside the UK during the two year probation period,
but in order to be safe we would recommend no more than 3-6 months in total
is spent outside the UK.
2. If your partner is an EEA citizen,
it may be necessary to extend for a further 3 years - making 5 years in
all, before being eligible for permanent residency (equivalent to ILR).
EEA sponsors complete form
EEA3 to receive a document certifying permanent residency and their
partners complete form
EEA4 to receive a permanent residence card.
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