By Marika Money – Authorized Affiliate
To enter the UK as a “partner” beneath Appendix FM to the Immigration Rules (“FM” being quick for “Family Member”), there are three potential methods to qualify as a “partner”. First, as a “spouse”. Second, as a “civil partner”. Third, as an “unmarried partner”.
The best way that this third class – “unmarried partner” – is outlined within the Guidelines has lately modified. Towards the tide of increasingly high visa application fees and ever-tighter requirements in the Immigration Rules, the “unmarried partner” definition has seemingly been relaxed: the reference to some “living together” (i.e. cohabiting) for 2 years has been faraway from the physique of the Guidelines.
This put up will examine the brand new definition with the previous, study the corresponding replace within the newly revealed Steerage, and think about the implications for potential single associate visa candidates.
The Outdated Definition of “Unmarried Partner”: Dwelling Collectively for at Least Two Years, and Proving Two Years’ Cohabitation
The definition of “partner” was, and nonetheless is, tucked away within the introductory “Interpretation” part of the Immigration Guidelines, in paragraph 6.2.(b) of the Immigration Guidelines.
Till 31 January 2024, these seeking to enter the UK as a “partner” needed to match into one of many following three definitions:
- partner; or
- civil associate; or
- single associate, the place the couple have been dwelling collectively in a relationship much like marriage or a civil partnership for a minimum of two years.
(Please notice that there’s additionally provision for entry as a fiancé(e) or proposed civil partner, however these are short-term “gateway” routes that permit for a later swap into permission as a partner/civil associate from throughout the UK.)
This previous definition of “unmarried partner” in subparagraph (c) didn’t open the path to any and each associate who was “unmarried”; it certified the definition, limiting it to {couples} who had been “living together” in a relationship much like marriage or civil partnership for a minimum of two years.
This meant that it was not sufficient to have been in a relationship for a minimum of two years. It was additionally not sufficient to have been in a relationship much like marriage or civil partnership for 2 years. A pair will need to have been “living together” in such a relationship for a minimum of two years.
Consequently, {couples} who didn’t dwell collectively – or who had not lived collectively for “at least two years” – couldn’t strictly meet the definition of “partner” within the Immigration Guidelines, irrespective of how loving or long-term the connection. This posed explicit challenges for {couples} who had chosen to not dwell collectively as a consequence of, for instance, cultural, non secular or financial causes.
Likewise, the definition precipitated difficulties for {couples} who had cohabited for 2 years in a relationship much like marriage/civil partnership, however who struggled to collect proof to show these two years of cohabitation. Displaying two years of cohabitation could be very burdensome, significantly in international locations the place it’s tough to pay money for official or formal proof of deal with.
The New Definition of “Unmarried Partner”: No Extra Two-12 months Cohabitation Requirement
Since 31 January 2024, in mild of the Statement of Changes in the Immigration Rules (HC 246), a brand new definition of “unmarried partner” has entered into drive.
The definition of “partner” in paragraph 6.2.(b) of the Immigration Guidelines now reads as follows:
“Partner” means an individual’s:
(a) partner; or
(b) civil associate; or
(c) single associate, the place the couple have been in a relationship much like marriage or civil partnership for a minimum of 2 years.
The reference to “living together” – and due to this fact the requirement that single companions may solely qualify if that they had cohabited for 2 years – has been faraway from the Guidelines.
The reference to “two years” now relates solely to the “relationship similar to marriage or civil partnership”. In different phrases, {couples} can now qualify as “partners” for the single associate visa so long as they’ve been in a relationship much like marriage/civil partnership for 2 years, even when they’ve by no means cohabited.
The brand new Steerage on Family life (as a partner or parent) and exceptional circumstances confirms the elimination of the cohabitation requirement:
The two-year interval for a relationship between a pair who usually are not married or in a civil partnership will need to have been accomplished previous to the date of software. The two- yr interval doesn’t require proof of cohabitation for the interval and can take account of situations the place, for instance, the couple are presently dwelling aside for work causes to be able to meet the monetary necessities of the foundations. The important level is that the connection has been real and subsisting at some stage in the 2-year interval and continues to be on the date of software.
Past this assertion, nevertheless, there is no such thing as a clarification of what a relationship “similar to marriage or civil partnership” appears to be like like, or the way it should be evidenced. The Steerage merely refers candidates to the part on proof that would present a relationship is “genuine and subsisting”.
As such, a minimum of on the face of the brand new definition and the Steerage, it seems that an single associate should merely show that they’ve been in a “genuine and subsisting” relationship for a minimum of two years by the date of software, and that the connection continues to be real and subsisting on the date of software.
Nevertheless, given the shortage of readability surrounding the brand new definition and the way will probably be utilized by the Dwelling Workplace in apply, it’s endorsed that candidates search authorized recommendation on this matter till additional readability is forthcoming.
Do I Now Qualify as an “Unmarried Partner”?
The brand new definition within the Immigration Guidelines and the corresponding Steerage imply that, for a pair to qualify as an “unmarried partner” for an Appendix FM software:
- The couple will need to have been in a relationship for a minimum of two years;
- The connection will need to have been “similar to a marriage or civil partnership” for a minimum of two years (which appears to equate to a relationship having been “genuine and subsisting” for a minimum of two years);
- That two-year interval will need to have been accomplished earlier than the date of the visa software;
- The connection should nonetheless be real and subsisting on the date of software;
- The couple should be capable of present an intention to dwell collectively completely within the UK, in addition to meet the entire other requirements for an Appendix FM software (e.g. monetary requirement, lodging requirement, language requirement).
Because of this {couples} who’ve been in a relationship for lower than two years will nonetheless not meet the definition of “unmarried partner”, and must depend on various choices – whether or not that is counting on “exceptional circumstances” or one other kind of visa, resembling a student or business visa.
Additional, single companions, similar to spouses and civil companions, will nonetheless must show that their relationship is “genuine and subsisting”.
Single {couples} may even should show, not like spouses and civil companions, that their relationship has been real and subsisting for a two-year interval (as “genuine and subsisting” appears to be the benchmark within the Steerage for a relationship to be “similar to marriage or civil partnership”).
Caveat: “Living Together” Is No Longer Crucial, however Is Nonetheless Useful
The “genuine and subsisting” requirement takes on even higher significance for single companions than ever earlier than, on condition that it feeds into the “partner” definition and the standalone “genuine and subsisting relationship” requirement that applies to all {couples}.
The Steerage incorporates a non-exhaustive checklist of proof that would help show {that a} relationship is “genuine and subsisting”. This proof is ranked when it comes to persuasive worth: from “Tier 1” proof resembling tenancy agreements and council tax payments, all the best way all the way down to much less formal “Tier 3” proof resembling greetings playing cards and practice tickets.
Wanting on the top-ranked “Tier 1” proof – resembling tenancy agreements, council tax payments, utility payments, or automotive finance or insurance coverage documentation which “evidences address as claimed” – it’s clear that cohabitation remains to be considered by the Dwelling Workplace as one of the persuasive methods of displaying {that a} relationship is “genuine and subsisting”.
In different phrases, even whereas cohabitation is not a requirement, not to mention two years of cohabitation, it’s nonetheless among the best methods to influence the Dwelling Workplace that: (i) your relationship has been “similar to marriage or civil partnership” for 2 years, and (ii) your relationship is “genuine and subsisting” on the time of software. As well as, any proof of cohabitation will possible lend extra credibility to some’s declaration of their future “intention to live together permanently in the UK”.
That mentioned, the elimination of the express requirement for 2 years of “living together” is a welcome change for {couples} in dedicated relationships who don’t or can not dwell collectively for completely explicable and legit causes, and for {couples} who’ve loads of proof to indicate a “genuine and subsisting” relationship however wrestle to collect two years’ price of cohabitation proof.
Contact our Immigration Barristers
For knowledgeable recommendation concerning unmarried partner visa purposes and different immigration choices for companions or relations, contact our immigration barristers on 0203 617 9173 or full our enquiry type under.
