If you are an unmarried but long-term partner of someone who is present and settled in the UK, you can apply for an unmarried partner visa to join your partner in the UK.
Appendix FM Paragraph GEN 1.2 defines an unmarried partner as a "couple who have been in a relationship similar to marriage or civil partnership for at least 2 years before the date of application". The unmarried partner visa is a part of the UK family visa category, as this visa covers various relationship types, including unmarried partners.
What is an unmarried partner visa?
An unmarried partner visa allows a non-UK national to join their unmarried partner in the UK who is either a British citizen or holds Indefinite Leave to Remain, has a settled or pre-settled status or protection status (refugee), or holds stateless status, or has a status under ECAA (Ankara Agreement). Unmarried partners include same-sex couples. To be eligible for this visa, they must demonstrate that they have been in a relationship akin to marriage or civil partnership for at least 2 years. Generally, cohabitation for at least 2 years is considered to be important to meet the relationship requirement earlier, but not anymore.
You can apply for a UK unmarried partner visa even if your unmarried partner is outside the UK. However, your partner must be intending to return to the UK with you.
Your partner also must be one of the following:
- British or Irish citizen in the UK;
- Someone who has indefinite leave to remain, settled status, or permanent residence in the UK;
- Someone who has settled or pre-settled status under the EUSS;
- Someone who has a Turkish Businessperson Visa or Turkish Worker Visa under Appendix ECAA;
- Someone who has refugee status or humanitarian protection status in the UK.
Is Living Together Still Mandatory for a UK Unmarried Partner Visa?
Before 31 January 2024, unmarried partners in cohabitation were a mandatory requirement. Appendix FM of the Immigration Rules required unmarried couples to "have been living together in a relationship similar to marriage or a civil partnership for at least two years."
However, since 31 January 2024, the rule has changed. Now, Appendix FM requires unmarried couples to "have been in a relationship similar to marriage or civil partnership for at least 2 years." This means that unmarried couples who have lived together for at least 2 years have been dropped.
However, living together is still very relevant to prove that both partners have been in a durable relationship, as the Home Office guidance states that "the couple must usually have lived together" to qualify for an unmarried partner visa. Living together as a couple (not as friends) shows your commitment to each other. It also helps prove your relationship is genuine and subsisting—a key requirement for the UK unmarried partner visa.
However, in some circumstances a couple may present evidence of a relationship similar to marriage or civil partnership, even if the couple has not, or currently does not live together.
Reasons That May Prevent Couples from Living Together
The Home Office expects unmarried partners to have been living together for a UK unmarried partner visa. But there might be circumstances in which living together might not have been possible for the couple. Hence, it is very important for the applicant to prove that their relationship is similar to marriage or civil partnership, even though they live apart.
The Home Office may still recognize their relationship as meeting the requirement for a durable relationship where they can prove there is a good reason for the couple to live apart. For example, they may currently be living apart because they and their partner are studying or working in different countries, or they have not been able to get UK immigration. In such circumstances, they will need to satisfy the Home Office that your relationship is durable, genuine, and subsisting even though you are living apart.
- Immigration Barriers - This can be a valid reason that you could not get a visa to come to the UK to join your partner earlier. Hence, you had to maintain a long-distance relationship. The fact that you are applying for an unmarried partner visa from outside the UK proves this point. However, this point will be invalid if you are already in the UK and are now applying to switch to this visa.
- Work and Study Commitments - You and your partner can prove that the reason for you both not living together is your study or work commitments. For example, the UK partner may be working or studying in the UK while you may be working or studying in another country. In another situation, even though you both have been or are in the UK, your place of work or study may be different.
- Cultural and Religious Reasons - Not all cultures accept unmarried couples living together. There are also laws in many countries where unmarried couples are not allowed to live together. Hence, you need to prove that the culture or law in your country prevented you from living with your partner.
- Societal or Legal Challenges for Same-Sex Couples – In some societies, same-sex relationships are not recognized or accepted. Similarly, in some countries law does not permit same-sex marriages or same-sex couples living together before marriage. Hence, you need to give evidence such as your Country Policy and Information Note to confirm that your claims are valid and consistent with the information available on the treatment of same-sex couples there.
If you and your partner have entered into a relationship in the UK or in a country where same-sex relationships are accepted, you will normally be expected to have cohabited unless there is a good reason for not doing so.
The burden of proving the relationship has existed for 2 years is on the applicant and there can be various evidence to meet this requirement.
Proving a Relationship Similar to Marriage or Civil Partnership without Having Lived Together
The Home Office usually expects you and your UK partner to have lived together to meet the requirement of being in a relationship similar to marriage or civil partnership for an unmarried partner visa.
However, in a variety of circumstances, unmarried couples do not live together. But you need to prove to the Home Office that your relationship is still durable, genuine, and subsisting by carefully explaining your individual circumstances and providing relevant supporting evidence. By doing so, you can maximize your chances of satisfying the Home Office that you are in a durable relationship, even though you do not live together.
Where you cannot provide documentary evidence of why you have not been living together, the Home Office may consider the explanation you have provided for the lack of such evidence. The Home Office may also contact you (the applicant) or your partner to seek further information about your circumstances if they have concerns about a durable relationship.
Final Thoughts
As per the Immigration Rules, cohabitation in a relationship similar to a marriage or civil partnership for at least 2 years is not required for a UK unmarried partner visa. However, the Home Office expects you and your partner to have lived together to assess the durability of your relationship. Hence, if you and your UK partner are unmarried partners and you have been living together for at least 2 years, it would make it easier for you to confirm that your relationship is durable, genuine, and subsisting. However, if due to certain circumstances you have not or do not live together, you should explain with evidence to the Home Office the reason why you live apart.
Generally, the evidence would depend on your circumstances, if you would like to discuss your circumstances you should consider seeking advice from a UK immigration expert lawyer.