Unmarried Partner Visa

• Law Firm: Kadmos Consultants
• Subject Matter: Immigration, Work Visas
• Author: Kadmos Consultants
• Published date: 30 May 2023

For the purposes of UK immigration law, unmarried partners are couples who have been in a durable relationship similar to marriage or civil partnership for at least two years before applying for a UK visa in a dependent category or as a partner of a British citizen.

Durable relationship

Durable relationship usually translates into the requirement to have lived together for at least two years. This is not an accurate translation of the Home Office's policy, but wherever possible, it is safe to interpret it this way.

The Home Office recognises that in some circumstances durable relationship can be proven when the couple are living apart, but this arrangement is temporary and there is a good reason for it. The Home Office would expect evidence of living together in the past and evidence of continued durable relationship at the time the couple were not living together.

The Home Office guidance document offers examples of the situations where temporary living apart is reasonable and consistent with durable relationship, such as work commitments, university education, looking after a family member in another country, waiting for a visa application etc.

Unmarried partners of work permit holders

In the context of a dependent visa, if you are joining or accompanying a person with a temporary status in the UK, the Home Office guidance makes two years' cohabitation a mandatory requirement. It is normally expected that you will be living together at the time of application or immediately prior to the application if the lead applicant was the first to move to the UK. The two year period may be cumulative but has to lead up to reasonably close to the time of application.

Unmarried partners of British citizens

In the context of the partner visa, the Home Office has a slightly less stringent guidance. Unlike unmarried partners in other immigration routes, unmarried couples applying for a partner visa may, in exceptional circumstances, show that they were unable to live together in the past but nevertheless have been in a durable and a committed relationship for at least two years.

This mostly applies to same sex couples from the countries where same sex relationships are not accepted. It may also be possible to rely on this guidance if living together was not possible for other reasons beyond control of the couple. In any event, the couple have to show that the relationship existed for at least two years and is more than a girlfriend/boyfriend relationship.

Evidence of...