Change to definition of unmarried partner
On 31 January 2025, the Home Office changed the definition of an unmarried partner in Appendix FM of the Immigration Rules to a less rigid test.
The idea was to enable a more flexible approach when considering situations where parties may not have cohabited for at least 2 years but are in a committed and stable relationship.
What is the definition of an unmarried partner?
Prior to 31 January 2024, the definition of an unmarried partner in the general section of Appendix FM was:
“a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application”.
The new definition of unmarried partner is in GEN.1.2 (iv) of Appendix FM and is:
“unmarried partner, where the couple have been in a relationship similar to marriage or civil partnership for at least 2 years before the date of application”
The element of a couple needing to be “living together” has been removed so cohabitation is now not a requirement.
What do unmarried partners now need to show to prove their relationship?
The Home Office’s guidance for caseworkers says that where the applicant and their partner are not married or in a civil partnership, the Home Office caseworker will need to assess whether the relationship is durable.
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 even when a couple do not live together such as:
- Living apart for study reasons
- Living apart for work reasons
- Partner is living temporarily with a close family member to provide care
The table below shows the types of evidence an applicant can provide to show that they are in genuine and subsisting relationship with their partner.
The weight attached to different types of evidence is shown, with types of evidence assessed as Strong, Acceptable or Weak:
- Strong evidence is evidence that is issued by an organisation and/or service provider that carried out checks on the person involved
- Acceptable evidence includes documents issued by a 3rd party organisation or service provider but may not have involved checks on the person involved
- Weak evidence includes evidence from individuals with no official capacity or has not been verified by the provider of the document.
| Genuine and subsisting relationship | Strong evidence | Acceptable evidence | Weak evidence |
| Co-habitation | Tenancy agreement; mortgage agreement; letter from landlord, documents of ownership deeds
Utility Bills – for example council tax; electricity; gas; water, phone; TV licence; Driving licences, GP/medical letters, payslips, DWP/HMRC letters |
Electoral register confirmation
Documentation issued by student finance |
Letters of support from friends/relatives or religious leaders with British Citizenship
Written statement from applicant |
| Shared financial Responsibilities | Bank statements (joined or individual); mortgage agreement | Insurances; car finances; joined purchases receipts
Other domestic bills – home services/repairs |
|
| Other evidence showing genuine and subsiding relationship (when apart) | Money transfers; bank transactions
Birth certificate of children (where relevant) Temporary work contract/employment letter Study course documents |
Flight/train/bus tickets;
Holiday bookings |
Communication records (certified transcripts)
Photographs of times spent together Written statements from applicant Letters of support from family, friends |
How is this working in practice?
Since the definition changed, we have advised in cases of unmarried couples who want to make an application as partners but have not cohabited for 2 years or more.
In one case we advised a couple who had met at university in the UK. They could not live together while at university as they had committed to separate tenancies which were ongoing. After graduating, they were not cohabiting as one partner lived at home with their parents for cultural reasons.
The case was refused as the Home Office did not accept that the couple had provided sufficient evidence of their intention to live together in the UK.
The couple had stated that they intended to live together after marriage but did not submit evidence showing their intention to get married such as a booking for a wedding venue.
The couple have appealed, and a decision is awaited.
Despite removing the element of “living together” under GEN.1.2 (iv) of Appendix FM, it can still be difficult to prove that a relationship is akin to a marriage without cohabitation
Each application will turn on the strength of evidence provided. This evidence must be provided when the application is made. It is therefore vital to collate as much evidence as possible before proceeding to submit an application.
Contact Us
If you have any queries or wish to seek advice on visa applications, please contact our specialist business and personal immigration team on 0191 232 9547.
