Navigating the unmarried partner route under Appendix FM

In this article we take a look at unmarried partner applications since the changes made to the definition in January 2024, removing the cohabitation requirement. An unmarried partner visa is a popular choice for couples looking to live together in the UK. This type of application is made under Appendix FM of the immigration rules by those wishing to join their British or settled partner in the UK.

Until 2024, unmarried couples needed to show that they have lived together for two years. The definition of an ‘unmarried partner’ was amended by the statement of changes in the immigration rules (HC 246) on 7 December 2023, with the change taking effect on 31 January 2024. The definition now allows applications to be made where a couple’s relationship has been ‘similar to’ a marriage or civil partnership for two years.

This was certainly a welcome change, as this opened the door for making an application to many couples who would otherwise be forced consider marriage or civil partnership, or the more arduous fiancé route, as a means to join their partner in the UK. Importantly, the new definition affords entry to the partner route to couples who may have encountered difficulties making an application previously where they have been unable to live together for cultural reasons, for same-sex couples, and for couples that have not yet been able to formally live together but do not wish to marry or enter a civil partnership.

That being said, the ambiguity of the new definition and minimal guidance has garnered a cautious approach from immigration practitioners. Over a year on from this change we have been able to gain insight into how these applications fare.

What are the immigration rules for unmarried partners?

Prior to the change in the definition, 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.

The immigration rules: introduction, paragraph GEN 1.2 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.

While the requirement to have formally lived together for a period of two years has been removed, the relationship requirements under Appendix FM of the immigration rules must still be met. This includes requirements that the couple must have met in person, the relationship must be genuine and subsisting, any previous relationships must have broken down permanently, and that the couple intend to live together permanently in the UK.

Further details on the full requirements for partner visa applications and the duration of permission can be found here.

The guidance on unmarried partners

Beyond the somewhat subjective definition of ‘unmarried partner’, the immigration rules themselves provide little further clarity on how to meet the requirements as unmarried partners.

The Home Office guidance Family life (as a partner or parent) and exceptional circumstances provides some assistance:

The 2-year period for a relationship between a couple who are not married or in a civil partnership must have been completed prior to the date of application. The 2- year period does not require evidence of cohabitation for the period and will take account of instances where, for example, the couple are currently living apart for work reasons in order to meet the financial requirements of the rules. The essential point is that the relationship has been genuine and subsisting for the duration of the 2-year period and continues to be at the date of application. 

As such, when preparing applications where a couple has not formally lived together for two years, it is important to provide reasons for living apart. Living apart for work reasons is a fairly generous example, and in such cases it would be prudent to provide proof of this, if possible, such as statements from the couple explaining their work reasons, proof of their employment, and any efforts they may have made to obtain employment nearer to their partner (if applicable).

For many couples there are significant cultural reasons for them having been unable to live together, and in such cases, it is useful for the couple to provide statements explaining this, along with letters from family, if they are able to do so.

As detailed in the guidance, the key element is that the relationship has been genuine and subsisting for the two year period, which includes providing detailed and comprehensive relationship evidence covering the full two years.

Rather unhelpfully, the guidance refers you to consider the Relationship with a Partner guidance, however this expressly excludes its applicability to Appendix FM applications. Nevertheless, it is helpful for considering pointers on how caseworkers approach similar applications.

The Family life (as a partner or parent) and exceptional circumstances continues:

Where the definition of partner is not met because a couple who are in a genuine and subsisting relationship have been together for less than 2 years, the requirements of Appendix FM cannot be satisfied other than on the basis of exceptional circumstances. 

Therefore, it is made clear that, in line with the definition in the immigration rules, the requirement to have been in a relationship for two years is a hard line requirement, unless making an exceptional circumstances application.

Couples are often wary that their relationship may not be considered to have been ‘similar to marriage or a civil partnership’ if they are only just hitting the two year anniversary of having met and started their relationship when submitting the application. In practice, such applications can certainly be successful, but efforts to provide date stamped evidence of initial dates and communications is important.

Evidencing a relationship similar to marriage or a civil partnership

The Family life (as a partner or parent) and exceptional circumstances contains a table of the types of documents that can be provided to show that a relationship is genuine. This ranks the documents in three tiers, with tier one documents being the ‘most valued’ and tier three being the least.

Almost all of the tier one documents are unhelpfully only relevant to couples that are married/civil partners, or that have lived together, such as tenancy agreements, utility or council tax bills, a marriage certificate, car finance documents, insurance documents, etc. However, one category under this tier is ‘evidence of joint finances business ventured or commitments (such as tax returns, business contracts, investments)’.

Where possible, it is helpful to provide proof of shared financial responsibilities, and even bank statements highlighting money transfers to one another over the two year period. Another category is joint bank statements; joint accounts are often tricky for couples residing in different countries, however in some instances couples may have joint savings pots to which they make regular contributions.

It is always important to undertake this initial fact-finding mission with unmarried partners to establish whether they can provide stronger types of evidence to support their application.

Aside from this, it is typically tier three type evidence that unmarried partners often have an abundance of, which often includes chat logs, travel records, holiday bookings, photographs, shopping/meal receipts, and letters of support. Providing a healthy variety of tier three evidence spanning the two year period helps to build a clear picture of the relationship.

Unmarried partners and the requirement for former relationships to have permanently broken down

Another useful element of the guidance in relation to unmarried partner applications is as follows:

Where the marriage or civil partnership of the applicant or their sponsor to a previous partner has not been legally dissolved, the applicant may still be able to qualify under Appendix FM as an unmarried partner or same sex partner, provided that they meet the criteria set out in paragraph GEN.1.2. and they provide evidence that the new relationship is genuine and subsisting and that the previous relationship has broken down permanently.

As such, even where a party to the relationship has been unable to formally dissolve a previous marriage or civil partnership, it can still be possible to apply as an unmarried partner where evidence can be provided to show they have been in a relationship similar to a marriage or civil partnership for at least two years. It would be important to show any efforts that have been made to formally dissolve the previous relationship in such circumstances.

Key takeaways

The amendment to the definition of ‘unmarried partner’ has undoubtedly broadened access to the UK partner visa route, offering greater flexibility and inclusivity for couples whose circumstances previously posed barriers to entry.

While the removal of the cohabitation requirement is a progressive step, the lack of detailed guidance and reliance on subjectivity means that applicants must still tread carefully. A well prepared application, supported by comprehensive and varied evidence of a genuine and subsisting relationship over the two year period, remains essential.