What are the requirements for temporary or permanent settlement in UK for an unmarried or same-sex partners and child of a parent (or parents) settled in UK?


The process of immigration set forth by the United Kingdom for any person’s entry is dependent on the reason of entry and is defined in the immigration laws of the country. The Home Office, under the authority of the Secretary of State, makes all the decisions on immigration cases.

The visa process for any person who is applying as the partner or child of a person settled in the UK is defined in Part 8 of the UK Immigration Rules. The UK Immigration Rules define procedure for all visa categories (such as t1 visa including t1 entrepreneur visa, tier 1 investor visa UK, UK immigration tier 1 visa, tier 4 student visa, tier 5 visit visa etc.). In this blog, the visa process for a partner who is same-sex/unmarried partner and a child whose parent(s)/relative holds permanent residency will be discussed in detail along with any requirements that need to be filled.

It should be noted that the UK government does not recognize any person under the age of 18 to qualify for a visa as a partner, nor does it recognize any person settled in the UK under the age of 18 to permit a person to enter the UK as being his/her partner.

Requirements to Extend Stay as the Same-Sex/Unmarried Partner of a Settled Person in UK

Normally, entry is granted if the person is a same-sex/unmarried partner of a person who is already settled, for a period of 27 months or less. Below are the listed requirements that should be met if a person wishes to extend his/her stay in the UK under this category:

  • The person must be the partner of the person who holds nationality of the UK, given that they have same-sex/unmarried relationship;
  • The person has already been residing in the UK under this category, where the previous stay was granted for a limited period of time;
  • Both the partner and the person settled in the UK are not involved in any other relationship than their own;
  • The person must not be in violation of any of the laws of the UK. This includes the person not overstaying the legal limit he/she was allowed to stay. Furthermore, a period of 28 days over the legal limit of stay does not count as violation of the law and is tolerated;
  • The relationship between the partner and the person settled has existed for at least a period of 24 months;
  • The nature of the relationship of the couple has remained in the same way as a married couple would;
  • The couple must not be directly related to one another, as such a relationship is illegal under the laws of the United Kingdom;
  • The person applying as the partner must not have been given a deportation order under the immigration laws of the UK;
  • The couple possesses the necessary funds to carry out their relationship and will not require access to public funds due to lack of money for accommodation;
  • The couple must prove that they intend to permanently stay together;
  • The person applying as a same-sex/unmarried partner must prove that their English language skills are adequate for permanent residency in the UK. This can be done by giving a language test that is recognized by the UK, and contains a listening and speaking section in its content.
  • Also, the test result must be at least a level A1 of the Common European Framework. However, this A1 level requirement can be exempted if the person applying is over the age of 65. It can also be exempted if the person applying is suffering from a serious physical or mental condition, because of which the person is unable to adequately give the test. Other circumstances for being exempted include the person applying giving a reason that can be entertained under grounds of compassionate circumstances.
  • A person can be exempted from the English language requirement of this visa type, if he/she is a national of any one of the following countries:
  • Australia
  • United States of America
  • St Vincent and the Grenadines
  • Guyana
  • Jamaica
  • Canada
  • Belize
  • Barbados
  • St Lucia
  • Trinidad and Tobago
  • Australia
  • St Kitts and Nevis
  • Antigua and Barbuda
  • New Zealand
  • Dominica
  • The person applying for an extension under this category must prove that he/she has an educational qualification which the UK NARIC recognizes as being the equivalent of a Bachelor’s, Master’s, or PhD degree, taught in the English language. Furthermore, sufficient evidence must be submitted of this qualification.
  • The English language requirement is exempted, along with other relaxations, if the person is a national of any of the following countries:
  • Australia
  • United States of America
  • St Vincent and the Grenadines
  • Guyana
  • Jamaica
  • Canada
  • Belize
  • Barbados
  • St Lucia
  • Trinidad and Tobago
  • Australia
  • St Kitts and Nevis
  • Antigua and Barbuda
  • New Zealand
  • Dominica

Any of the above requirements that the person applying to settle cannot qualify for under the right circumstances will result in refusal of his/her application to extend stay in the UK.

Requirements to Permanently Settle as the Same-sex/unmarried Partner of a Settled Person in UK

  • The person applying for permanent settlement must previously have been staying in the UK after being given an extension in this category;
  • The person applying must currently have been staying in the UK as the same-sex/unmarried partner of the person settled in the UK, under the Points Based System, for a period of 2 years at the very least;
  • The person applying as a same-sex/unmarried partner can be an individual who was given permission to stay for at least 2 years on humanitarian causes such as being a refugee;
  • The person applying under this category has remained in a continuous relation with the person settled, who he/she originally applied to stay with.
  • The couple must prove that they intend to permanently stay together;
  • The couple possesses the necessary funds to carry out their relationship including funds for any dependants, and will not require access to public funds due to lack of money for accommodation;
  • The person applying is not subject to any of the grounds for refusal listed in Part 9 of the UK Immigration Rules;
  • The person has proven in the past, and continues to prove his/her knowledge of the English language to be of an adequate nature to permanently live in the UK.

What if the UK settled person died while the process of the permanent settlement of his/her partner was still in progress?

If the person who was permanently settled in the UK, who was the partner of the person applying to permanently settle died during this period, certain conditions must be met.

Such as, if the person applying was still in a relation with the person at the time of his/her death, and intended to stay together, permission to permanently settle can still be granted.

Requirements to enter as the Child of a Parent (or Parents) or a Guardian who is a Settled Person in UK

If a child, who is under the age of 18, wishes to apply to enter or permanently stay in the UK, stating that he/she has a parent or relative who is permanently settled in the UK, the below listed requirements will need to be met:

  • One of the following circumstances must hold:
  • Both of the child’s parents are nationals of the UK, and the child wishes to join or accompany them in the country; or
  • Both parents have been granted permission to permanently stay in the UK, and the child wishes to join or accompany them in the country; or
  • One of the parents already holds permanent residence, while the other has just been granted UK nationality, and the child will join/accompany them in the UK; or
  • One of the parents has passed away, and the other has either been granted or holds permanent residence in the UK, whereas the child wishes to join the parent; or
  • The parent who holds permanent residence in the UK, or has been granted permanent residence, holds sole responsibility over the child; or
  • Only one parent holds or has been granted permanent residence, and has reason to believe that the child must join him/her in the UK due to serious circumstances. Substantial prove must be provided under the circumstances.
  • The child must be under the age of 18 to be legally be considered a child;
  • The child is not living an independent life from the parent(s);
  • The child is not married, as it is illegal in the UK;
  • The child has not formed a separate family from the parent(s);
  • The parent(s) or relative possesses the necessary funds to provide for the child’s accommodation, and is financially stable enough to not any point fall back to public funds for the child’s accommodation;
  • Adequate arrangements will be made for the child by the parents without demand from public funds to do so;
  • The UK has granted the child an Entry Clearance document under these grounds;
  • The person applying is not subject to any of the grounds for refusal listed in Part 9 of the UK Immigration Rules.

Requirements to Temporarily Stay as the Child of a Parent (or Parents) or a Guardian who is a Settled Person in UK

  • The child is not living an independent life from the parent(s);
  • The child is not married, as it is illegal in the UK;
  • The child has not formed a separate family from the parent(s);
  • The parent(s) or relative possesses the necessary funds to provide for the child’s accommodation, and is financially stable enough to not any point fall back to public funds for the child’s accommodation;
  • One of the following circumstances must hold:
  • Both of the child’s parents are nationals of the UK; or
  • Both parents have been granted permission to permanently stay in the UK, and the child wishes to join or remain with them in the country; or
  • One of the parents already holds permanent residence, while the other has just been granted UK nationality, and the child will join or remain with them in the UK; or
  • The parent who holds permanent residence in the UK, or has been granted permanent residence, holds sole responsibility over the child; or
  • Only one parent holds or has been granted permanent residence, and has reason to believe that the child must join or stay with him/her in the UK due to serious circumstances. Substantial prove must be provided under the circumstances.

Requirements to Permanently Settle as the Child of a Parent (or Parents) or a Guardian who is a Settled Person in UK

  • One of the following circumstances must hold:
  • Both of the child’s parents are nationals of the UK; or
  • One of the parents has passed away, and the other has either been granted or holds permanent residence in the UK; or
  • The parent who holds permanent residence in the UK, or has been granted permanent residence, holds sole responsibility over the child; or
  • Only one parent holds or has been granted permanent residence, and has reason to believe that the child must stay with him/her in the UK due to serious circumstances. Substantial prove must be provided under the circumstances;
  • The child was previously granted permission to enter the UK under this category;
  • The child has stayed in the UK, under this category, for a period of 2 years at the very least;
  • It is acceptable if the stay was previously granted based on humanitarian grounds such as be the child being a refugee;
  • The child is not living an independent life from the parent(s);
  • The child is not married, as it is illegal in the UK;
  • The child has not formed a separate family from the parent(s);
  • The parent(s) or relative possesses the necessary funds to provide for the child’s accommodation, and is financially stable enough to not any point fall back to public funds for the child’s accommodation;
  • The person applying is not subject to any of the grounds for refusal listed in Part 9 of the UK Immigration Rules.

It should be noted that the Secretary of State holds the right to deny entry to any person on any visa category (such as t1 entrepreneur visa, tier 1 investor visa UK, UK immigration tier 1 visa, tier 4 student visa, tier 5 visit visa etc.) including this category if he/she sees it necessary under the law.