The definition of an ‘unmarried partner’ under Appendix FM of the Immigration Rules was recently amended, removing reference to the requirement that a couple must have lived together for at least two years.
The partner route allows those who are married or in a civil partnership, or those who are unmarried, to enter the UK in order to live with their partner. The Immigration Rules make a distinction as to what evidence unmarried partners must provide compared to married partners and those in a civil partnership.
The definition of ‘unmarried partner’
The definition of an ‘unmarried partner’ under the Immigration Rules was recently amended by the Statement of Changes in the Immigration Rules (HC 264). This took effect on 31 January 2024.
Prior to this change, the Immigration Rules defined a ‘partner’ as:
“(a) spouse; or
(b) civil partner; or
(c) unmarried partner, where the couple have been living together in a relationship similar to marriage or a civil partnership for at least two years.”
From 31 January 2024, the Immigration Rules: introduction, now defines a ‘partner’ as:
“(a) spouse; or
(b) civil partner; or
(c) unmarried partner, where the couple have been in a relationship similar to marriage or a civil partnership for at least two years.”
Applying for an unmarried partner visa
Whilst the requirement relating to cohabitation has been removed, individuals applying must still show that their relationship is similar to marriage or civil partnership and has subsisted for at least two years. It is likely that proof of cohabitation will continue to play a critical role in applications.
In general, the documents which can be relied upon to prove cohabitation include, but are not limited to:
- tenancy agreements/ mortgage statements;
- utility bills; and
- joint bank statements, statements addressed to the couple at the same address, and other documents evidencing shared responsibilities.
These documents often tend to be available in any event where couples have been living together. Whilst having lived together is no longer a formal requirement, it is easier to prove a relationship is genuine by providing evidence of cohabitation. Demonstrating that a relationship is genuine and subsisting without such evidence may prove difficult in practice.
We recommend, where possible, that evidence of cohabitation continues to be provided, even if this is limited. This will serve as strong evidence of the genuineness of a relationship which is key to these applications. Where such evidence is not available, it is still possible to make an application as an unmarried partner and receive a successful outcome.
Other evidence of a relationship continues to be important, such as photographs, evidence of communication, travelling together, and written statements from friends and family confirming the relationship. In general, the more evidence of the relationship there is, the stronger the application is and therefore, the more chance there is of a successful application.
How does this affect visa applicants?
The simplification of the definition of a partner is a welcome change, as it means that couples who have not been cohabiting for at least two years may now be able to apply for a partner visa, in certain circumstances. Couples are increasingly opting not to marry or enter into civil partnerships, and in some cases, couples are simply unable to cohabit prior to moving to the UK.
The new definition provides some flexibility and inclusivity for couples who are wishing to apply for a partner visa, although further flexibility would be welcome.
How our Immigration Solicitors can help
There are a number of requirements that must be met when applying for an unmarried partner visa. Our immigration team specialises in preparing applications for unmarried partners and provides expert assistance throughout the process. If you are in need of advice, our team would be happy to speak with you. Please contact us or complete the enquiry form below.
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