The definition of an "unmarried partner" under the Immigration Rules has recently been changed. The previous requirement of a couple "living together" (i.e. cohabiting) for two years has been removed.

What is the Unmarried Partner Visa?

The Unmarried Partner Visa is one of the UK family visas that grant entry clearance to the family member of a British citizen or UK resident.

Whilst the Spouse Visa allows married and civil partners of British residents to enter the UK, the Unmarried Partner visa extends these rights to those who are not married or in a civil partnership with a British resident, but who have been in a serious relationship with their partner for at least two years.

The Unmarried Partner visa is valid for up to 2 years and 6 months and can be extended after this duration if you wish to stay in the UK with your partner. To be eligible your partner must either:

• Be a British or Irish citizen.
• Have settled in the UK – for example, they have indefinite leave to remain (ILR), settled status or proof of permanent residence.
• Be from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status.
• Have a Turkish Businessperson visa or Turkish Worker visa

Both opposite and same-sex relationships are covered under the Unmarried Partner Visa.

The amended definition of “Unmarried Partner”

The definition of “partner” of the new Immigration Rules states that a person’s spouse or civil partner or unmarried partner, where the couple has been in a relationship similar to marriage or civil partnership for at least 2 years. The requirement of “living together for 2 years” has been removed from the rule.

The "relationship similar to marriage or civil partnership" is the only one to which the definition of "two years" is currently relevant. Put another way, couples who have been in a relationship that is similar to marriage, or a civil partnership for two years can now be considered "partners" for the unmarried partner visa, regardless of whether they have ever lived together.

However, a definition of a relationship "similar to marriage or civil partnership" and how and in which it should be proved is not specified. They only refer that the applicants show a relationship is “genuine and subsisting”.

It looks like a partner who is not married only needs to show that they have been in a "genuine and subsisting" relationship for at least two years before they apply and that the relationship is still "genuine and subsisting" at the time of application.

The genuine and subsisting relationship requirement

This requirement has been put in place by the Home Office to avoid sham relationships for the purpose of obtaining a visa, the same requirement also applies to Spouse visas in order to avoid convenience or sham marriages.

Decisions on whether a relationship is genuine and subsisting are made on a case-by-case basis, taking into account all available evidence and individual circumstances. The Home Office takes into account several factors when determining the genuine and subsisting of a relationship.

If the Home Office has questions about how genuine and subsisting your relationship is, it may undertake further checks, interview you and your unmarried partner or arrange a home visit.

How can I prove that my relationship is genuine?

The Home Office will expect you to be able to provide documents which confirm that you and your partner have been in a relationship similar to marriage or civil partnership (but not necessarily living together) for at least 2 years.

According to the Home Office, it's not clear what exactly shows that a relationship is genuine and subsisting. That's why it's important to include as much proof as you can in your Unmarried Partner Visa application.

Whilst the guidance is vague, there are some things that can be used to prove your status with your unmarried partner. These include:

• Having previously lived with your partner
• Having a child with your partner
• Having shared financial responsibilities with your partner
• Visits to each other’s countries
• Plans for your future together in the UK, such as plans to live together permanently
• Communication proof is likely to be one of the strongest forms of evidence that you can provide. Messages, emails and video calls can all act as proof to demonstrate regular contact and history with your partner.

However, because the new definition and how it will be used by the Home Office are not completely clear, applicants should seek legal advice on this matter until further clarity is forthcoming.

Evidence of 2 Years Cohabitation is Still Useful?

The explicit requirement for two years of "living together" has been removed. This is a good chance for committed couples who do not or cannot live together for entirely explicable and legitimate reasons. It's also good for couples who have a lot of evidence of a "genuine and subsisting" relationship but are having difficulties gathering evidence of two years’ worth of cohabitation.

However, if you submit “proof of cohabitation for two years,” it will be considered useful evidence to prove that the relationship is genuine and subsisting. There is no set of specific documents that you must provide in order to meet this requirement, instead, there is a wide variety that you can choose from to act as your supporting evidence.

For example, it is useful for you and your partner to provide a statement as part of the Unmarried Partner Visa application. Whilst a statement is not a required document, it can be useful to support your application and can give you a chance to explain any criteria that you cannot meet, for example, if you have not lived together, perhaps for religious or other reasons, you can explain this in your statement.

To discuss your Unmarried Partner Visa application under the new rules, contact us on 0203 865 6219 or leave a message.