Navigating the UK’s Complex Immigration System: Who is a partner for the purposes of an immigration application?

Although there are some exceptions (Care Workers sponsored from 11 March 2024 and certain Students who are studying courses from 1 January 2024, for example), the majority of UK immigration routes enable family members in the UK to sponsor their dependent partners and children. In this blog, I’ll be looking at the definition of a partner under Appendix Relationship with Partner, which applies to those in the UK with limited leave to remain (a Skilled Worker or Global Business Mobility migrant, for example) who would like to sponsor their partner to join them in the UK.

Spouse or Civil Partner

Depending on the UK visa held, the majority of migrants in the UK can sponsor a spouse or civil partner to join them here. As long as the marriage or civil partnership is valid (legally recognised in the country in which it took place) and there’s no reason to doubt its genuineness, it is reasonably straightforward to evidence a marriage or civil partnership for the purposes of an immigration application.

Unmarried partner

The Immigration Rules recognise that not everyone enters into a marriage or civil partnership, and that unmarried partners can also apply to join their family in the UK. When assessing whether a couple are unmarried partners, the Home Office will consider whether the couple has:

“been in a relationship similar to a marriage or civil partnership for at least 2 years before the date of application.”

Home Office guidance recognises that couples usually live together for 2 years in order to prove they meet the definition of unmarried partner. However, guidance also notes that, in some circumstances, a durable relationship similar to a marriage or civil partnership may exist even though the couple has not lived together. In this regard, guidance confirms that there must be a “good reason” as to why the couple are living apart. The following examples of good reasons are provided in Home Office guidance:

“For example, they may currently live apart because one party is studying in another country, or they have to live apart for work reasons, or while applying for immigration permission in another country.”

How can you prove that a relationship has been similar to a marriage or civil partnership?

To prove that a couple’s relationship has been similar to a marriage or civil partnership, extensive evidence must accompany the visa application. Documents will need to prove that throughout a period of at least 2 years, the couple’s relationship has been durable, genuine and subsisting.

The documents required will depend on the couple’s circumstances. If the couple has lived together in the past, evidence of the same must be provided. If the couple are living apart, documents must also evidence the reasons why the couple are living apart, the periods of time the couple have spent together, their contact while apart, and their shared responsibilities.

Several other requirements also exist in relation to the couple’s relationship and future intentions. It is, therefore, important that those wanting to join their family in the UK seek legal advice before submitting their visa application to ensure it stands the highest prospects of success.

Finally, the above unmarried partner definition was extended to Appendix FM family members on 31 January 2024, so those looking at joining their British or settled partner in the UK can also potentially proceed with an application even though they are not married / in a civil partnership, do not plan to marry / enter into a civil partnership, and have not cohabited for a period of 2 years prior to the date of the application. However, similar to the above, those looking to join a British or settled partner must also provide evidence as to why they haven’t cohabited to date, and that despite not living together, the couple’s relationship has been genuine and subsisting for a period of at least 2 years prior to the date of the visa application.