Following a change to the rules regarding the definition of "partner" in January 2024, applicants who have not been living together can now qualify. This brings the rules more in line with case law on human rights and the meaning of family life.
What are the requirements now?
In order to apply under the rules, an unmarried partner applicant must now show that they have been in a relationship similar to marriage or civil partnership with their sponsor for at least two years. Essentially, there is no longer an absolute requirement to have lived together for that period.
Applicants must now demonstrate that:
- The relationship has been durable, genuine and subsisting for at least two years prior to the date of application
- They have met in person
- Any previous relationship has broken down permanently
Where a couple is unmarried, the guidance provides that the couple must usually have lived together or can provide evidence of an ongoing commitment.
If applying under the route of Appendix FM as the partner of a British or settled person, applicants will also need to meet the financial requirement (unless relying on exceptional circumstances), as well as the suitability and English language requirements.
How can you evidence that the relationship requirement is met?
The guidance in relation to the relationship requirement provides that evidence of the genuineness and length of the relationship could include documents such as photographs, travel tickets, letters of support and evidence of shared financial or family commitments.
Where a couple have not been living together, an explanation and supporting evidence as to why this is the case would also be recommended. An example given in the guidance includes where cohabitation is not possible due to work arrangements required to meet the financial requirement. Other circumstances, such as cultural or legal barriers in the country of the applicant, could also be used to justify this and each decision will depend on the particular circumstances of the applicant and their partner.
We recommend seeking legal advice if making an application as an unmarried partner. The requirements are complex and the evidence required will vary depending on the particular circumstances involved.
If you would like to discuss these requirements and making an application as an unmarried partner, please contact a member of our Immigration team and we would be happy to assist.
