Are you ‘de facto’ enough for a visa? | Hudson McKenzie

Are you ‘de facto’ enough for a visa?

January 26, 2018 | Immigration, Latest Thinking, News

An unmarried couple seeking to obtain a partnership visa for UK settlement are required to demonstrate exactly how ‘de facto’ their relationship is, as part of the visa application process.

Thus, what exactly needs to be proven, when applying for a ‘de facto’ unmarried partnership visa for settlement within the UK?

The term ‘de facto’ is a Latin term that is used to explain when something exists in fact or in reality, yet is not necessarily officially recognised in ‘de jure’ or in law.

For instance, a ‘de facto relationship’ is also a commonly used phrase for same sex partnerships, who although are within long term relationships, have not been officially married by law.

Therefore, to ensure a successful outcome when applying for a ‘de facto’ (unmarried) partnership visa for settlement within the UK, the following must be demonstrated and complied with:

Both partners within the relationship must:

  • Be over 18 years old
  • Not be related to each other, prohibiting marriage within the UK
  • Have met in person, as opposed to virtually/on the internet
  • Be in a relationship that is ‘genuine’ and ‘subsisting’
  • Meet the suitability requirements
  • Not be in a polygamous relationship
  • Intend to live together permanently within the UK
  • Meet the financial requirement
  • Meet the English language requirement

If you would like to discuss this article further, or have any immigration inquiries, please contact one of our highly qualified immigration solicitors on (020) 3318 5794 or by email at

Author: Portia Vincent-Kirby