Effective January 31, 2024, the UK Immigration Rules have been updated to remove the mandatory requirement for two years of cohabitation for unmarried partner visa applicants. Previously, couples had to demonstrate that they had lived together in a relationship akin to marriage or civil partnership for at least two years. The updated rules now focus on the duration and nature of the relationship itself rather than physical cohabitation.

Despite this change, cohabitation remains relevant to applications for unmarried partner visas. The Home Office guidance still states that couples are "usually expected to have lived together" to qualify under this route. This means that applicants must provide evidence of a genuine and subsisting relationship akin to marriage or civil partnership, even if they do not currently live together.

Is Cohabitation Still an Unwritten Requirement for Unmarried Partner Visas?

Couples now need only to demonstrate that they have been in a relationship similar to marriage or civil partnership for at least two years, without the explicit requirement of cohabitation.

Although the explicit reference to "living together" has been removed, the Home Office continues to view cohabitation as a key indicator of a durable relationship. According to Home Office guidance:

“For a relationship to be similar to marriage or civil partnership, the couple must usually have lived together as a couple (not just as friends) and shown an ongoing commitment to one another. However, in some circumstances, there may be evidence of a durable relationship similar to marriage or civil partnership where the couple have not, or currently do not, live together.”

This means that while cohabitation is no longer a strict legal requirement, it remains an important factor in assessing whether a relationship meets the standard of being "akin to marriage or civil partnership."

How to prove a genuine relationship as an unmarried couple?

Couples applying for a UK unmarried partner visa can succeed even if they have not lived together, but meticulous preparation is essential. Applicants must explain the reasons for living apart, such as work, study, or cultural factors, and provide strong evidence like communication records, travel history, financial arrangements, and statements from family or friends to prove their relationship is genuine and committed.

Meeting the requirements under Appendix FM of the Immigration Rules also involves demonstrating financial stability, adequate accommodation, and English language proficiency. By addressing barriers to cohabitation and presenting robust documentation, couples can effectively prove their relationship's authenticity and continuity despite physical separation.

Immigration Challenges for Unmarried Couples in the UK

Unmarried couples often face significant challenges when one partner resides abroad due to immigration restrictions. These constraints frequently prevent the couple from living together, as the partner outside the UK must first obtain an appropriate visa to join their British or settled partner.

This situation is particularly common for those applying for “entry clearance” under the unmarried partner visa route. In such cases, the absence of cohabitation is a valid and justifiable outcome of immigration barriers. To strengthen their visa application, applicants should provide evidence such as correspondence with immigration authorities or documentation of previous visa attempts, demonstrating their intent to live together permanently in the UK.

For couples already living in the UK, where one partner holds a visa such as a student or work visa, immigration constraints are less likely to explain their separate living arrangements. These applicants must present alternative reasons for not cohabiting, such as financial difficulties, cultural expectations, or personal circumstances. Regardless of the reason, robust evidence is essential to prove that the relationship is genuine and enduring.

Work or Study Commitments: Explaining Separate Living Arrangements in UK Visa Applications

Work and study commitments often make it difficult for unmarried couples to live together, creating challenges for those applying for a UK Family visa. In many cases, one partner may be working or studying in the UK while the other is pursuing similar commitments abroad, or both partners may reside in different parts of the UK due to obligations in separate cities. To address this in a visa application, applicants must provide clear evidence explaining their living arrangements, such as employment contracts, enrolment letters, or employer correspondence detailing work or study requirements. Additional documents, like tenancy agreements or utility bills showing separate residences, can further support their case. 

Cultural or Religious Reasons: Addressing Separate Living Arrangements in UK Partner Visa Applications

Cultural and religious customs often prevent unmarried couples from living together, especially in societies where cohabitation outside of marriage is socially unacceptable or legally prohibited. These norms can strongly influence a couple's decision to live apart, making cohabitation impractical for those applying for a UK partner visa. The Home Office recognises the diversity of relationships and advises decision-makers to approach such cases with cultural sensitivity. Applicants should provide clear explanations for their living arrangements, supported by evidence such as witness statements on societal norms, expert reports on local customs, or letters from community or religious leaders confirming these restrictions. 

Challenges for LGBTQIA+ Couples: Legal and Social Barriers to Living Together

LGBTQIA+ couples seeking a UK partner visa often face significant challenges due to legal and social barriers in their home countries. In 64 countries, same-sex relationships are criminalised, with severe penalties such as imprisonment or even death in 12 nations, including Saudi Arabia, Iran, and Nigeria. Even in regions where same-sex relationships are not explicitly illegal, societal stigma and cultural conservatism can make cohabitation unsafe or impossible. For example, in countries where living together is only permitted after marriage but same-sex marriage is not recognised, cohabitation becomes unfeasible. These obstacles often prevent LGBTQIA+ couples from providing traditional evidence of their relationship, such as joint tenancy agreements or shared financial commitments.

To address these challenges, the UK Home Office advises applicants to provide alternative evidence explaining their circumstances and demonstrating the authenticity of their relationship. This may include reports from human rights organisations documenting discrimination, witness statements detailing legal or social barriers, and letters from LGBTQIA+ advocacy groups confirming the difficulties faced by same-sex couples. Additional evidence, such as communication records, travel history showing visits, photographs together, and proof of financial support, can help establish a genuine and subsisting relationship.

The Home Office generally expects unmarried couples to have lived together to meet the definition of "unmarried partner," as someone in a relationship similar to marriage or a civil partnership. However, there are many circumstances where unmarried couples may not live together. For immigration purposes, applicants must carefully explain their individual circumstances and provide relevant supporting evidence to be included within the legal definition of an unmarried partner.

Regardless of the specific situation, the key point for applicants is to explain in their application why the couple does not live together and support this explanation with evidence. By doing so, applicants can maximize their chances of convincing caseworkers that the relationship is genuine and sustainable, despite not living together.

For expert advice regarding unmarried partner visa applications or other partner or family visa matters, please contact 020 3865 6219 or leave a message.