The Immigration Rules say that there are three ways to become a “partner” and come to the UK as a “Family Member.” “FM” stands for “Family Member.” To begin, as a “spouse”. As a “civil partner,” the second time. The third is as a “unmarried partner.”

The third group, “unmarried partner,” is now described in the Rules in a different way. In response to rising visa fees and stricter Immigration Rules, the definition of a “unmarried partner” seems to have been loosened. The part of the Rules that said a pair had to “live together” (i.e. cohabiting) for two years has been taken out.

The Old Definition of “Unmarried Partner”: Living Together for at Least Two Years, and Proving Two Years’ Cohabitation

“Unmarried Partner” used to mean living together for at least two years and being able to prove that.
There was and still is a meaning of “partner” tucked away in the “Interpretation” section at the beginning of the Immigration Rules, in paragraph 6.2.(b).

It took one of three types of people until January 31, 2024, to be able to enter the UK as a “partner”:

If two people have been living together for at least two years in a way that is similar to marriage or a civil partnership, they are considered to be husband, civil partner, or unmarried partner.
(Please keep in mind that you can also enter as a fiancé(e) or suggested civil partner. However, these are only short-term “gateway” routes that let you later change your status to spouse or civil partner from within the UK.)

This older meaning of “unmarried partner” in (c) did not allow any partner who was “unmarried.” It limited it to couples who had been “living together” for at least two years in a relationship that was similar to marriage or a civil partnership.

You had to be together for at least three years, not just two. Also, being in a relationship for two years that was like marriage or a civil union was not enough. In this kind of relationship, the two people must have been “living together” for at least two years.

In the Immigration Rules, a pair could not strictly be a “partner” if they did not live together or had not lived together for “at least two years.” This was true even if they were in a loving and long-term relationship. This made things harder for couples who didn’t want to live together for cultural, religious, or financial reasons.

Additionally, the meaning made things hard for couples who had lived together for two years in a way that was similar to marriage or a civil partnership but had trouble showing proof of those two years of living together. It may be hard to show that you have lived together for two years, especially in countries where public proof of address is hard to find.

The New Definition of “Unmarried Partner”: No More Two-Year Cohabitation Requirement

The New Definition of “Unmarried Partner”: Living together for two years is no longer needed.
The Statement of Changes in the Immigration Rules (HC 246) made on January 31, 2024, changed what a “unmarried partner” means.

This is now what “partner” means in line 6.2.(b) of the Immigration Rules:

To be a “partner” means:

(b) husband; or

b) a marriage partner; or

(c) a single partner who has been with someone in a way that is like marriage or a civil partnership for at least two years.

The mention to “living together” has been taken out of the Rules. This meant that unmarried partners could no longer be eligible unless they had lived together for two years.

It’s now only about the “relationship similar to marriage or civil partnership” when it talks about “two years.” Couples can now get the single partner visa as “partners” if they have been in a relationship for two years that is similar to marriage or a civil partnership, even if they have never lived together.

The cohabitation requirement has been taken away, as confirmed by the new Guidance on Family life (as a partner or parent) and special circumstances:

If two people who are not married or in a civil union are in a relationship, the two years must have passed before the application date. The two-year period doesn’t need proof of living together during that time, and it will consider situations where, for example, the couple is currently living apart for work reasons so that they can meet the rules’ cash requirements. The important thing is that the connection has been real and ongoing for two years and is still going strong at the time of application.

But besides this sentence, it doesn’t say what a relationship “similar to marriage or civil partnership” is or how it should be proven. People who want to apply are only told to read the part about proof that a relationship is “genuine and subsisting.”

Based on the new definition and the guidance, it looks like an unmarried partner only needs to show that they have been in a “genuine and subsisting” relationship for at least two years and that it is still genuine and subsisting at the time of application.

While the new meaning and how it will be used by the Home Office are not completely clear, applicants are advised to talk to a lawyer about this until more information is available.

Do I Now Qualify as an “Unmarried Partner”?
According to the new meaning in the Immigration Rules and the accompanying Guidance, for a couple to be considered a “unmarried partner” for an Appendix FM application:

• They had to have been together for at least two years;
• For at least two years, the relationship had to be “like a marriage or civil partnership,” which seems to mean that it had been “real and enduring” for at least two years.
• That two-year period had to be over before the visa application was made;
• When the application is sent in, the friendship must still be real and going strong;
• The couple must show that they want to live together permanently in the UK and meet all the other standards for an Appendix FM application, such as having enough money, a place to live, and language skills.
• This means that people who have been dating for less than two years will still not be considered “unmarried partners.” They will need to find another way to get into the country, such as through “exceptional circumstances” or a different type of visa, like a student or business visa.

In addition, partners who are not married will still have to show proof that their relationship is “genuine and subsisting,” just like married couples and civil partners.

Unlike spouses and civil partners, unmarried couples will also have to show that their relationship has been real and ongoing for two years. This is because “real and ongoing” seems to be the standard in the Guidance for a relationship to be “similar to marriage or civil partnership.”

Caveat: “Living Together” Is No Longer Necessary, but Is Still Helpful

“Living together” isn’t necessary anymore, but it definitely helps. As a result of how it fits into the meaning of “partner” and the separate “genuine and subsisting relationship” requirement that all couples must meet, the “genuine and subsisting” requirement is more important than ever for unmarried partners.

A partial list of evidences that could help show that a relationship is “genuine and subsisting” is in the Guidance. As you go from “Tier 1” evidence, like rental agreements and council tax bills, to “Tier 3” evidence, like holiday cards and train tickets, the strength of the evidence goes down.

Tenancy agreements, council tax bills, utility bills, or car finance or insurance paperwork that “evidences address as claimed” are examples of the best “Tier 1” evidence. It is clear that the Home Office still thinks that living together is one of the best ways to show that a relationship is “genuine and subsisting.”

You can still convince the Home Office that: (i) your relationship has been “similar to marriage or civil partnership” for two years; and (ii) your relationship is “genuine and subsisting” at the time of application, even though living together isn’t required anymore, let alone for two years. Also, any proof that a couple has lived together before will probably give their statement that they want to live together forever in the UK more weight.

That being said, getting rid of the clear requirement for two years of “living together” is a good thing for committed couples who don’t or can’t live together for perfectly good reasons, as well as for couples who have a lot of proof of a “genuine and subsisting” relationship but are having trouble getting two years of cohabitation proof.

Contact our Immigration Solicitors

For expert advice regarding unmarried partner visa applications and other immigration options for partners or family members, contact our immigration solicitors on 07446 888 377 or send email to don@mbmsolicitors.com or attydonmagsino@gmail.com.