Appendix FM and the definition of Unmarried Partners

The requirement for unmarried partners to evidence that they have cohabited at the same address for at least two years has been removed as of 31 January 2024. The previous definition of unmarried partners which stated as follows:

(c) unmarried partner, where the couple have been living together in a relationship similar to marriage or a civil partnership for at least two years.

The Statement of Changes in the Immigration Rules (HC 246) has brought into change the definition of unmarried partners. From 31 January 2024, the definition of unmarried partner has changed to:

(c) unmarried partner, where the couple have been in a relationship similar to marriage or civil partnership for at least 2 years.

The definition has also changed in the Immigration Rules Appendix FM. Previously, under the General section of Appendix FM, paragraph GEN.1.2 defined partner as follows:

GEN.1.2. For the purposes of this Appendix “partner” means-

(i) the applicant’s spouse;

(ii) the applicant’s civil partner;

(iii) the applicant’s fiancé(e) or proposed civil partner; or

(iv) 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, unless a different meaning of partner applies elsewhere in this Appendix.

From 31 January 2024 the definition no longer includes the requirement for unmarried partners to evidence that they have resided together for at least two years. Instead, paragraph GEN.1.2. now defines partner as follows:

GEN.1.2. For the purposes of this Appendix “partner” includes the applicant’s fiancé(e) or proposed civil partner (unless a different meaning of partner applies elsewhere in this Appendix).

This change is definitely positive for many couples, especially international couples who have been in a genuine and subsisting relationship for many years but have unable to reside together due work, study or immigration related reasons. The change in the Rules brings the definition of partner in Appendix FM in line with the definition of partner in Appendix Relationship with Partner thereby simplifying the rules, albeit it not being identical. The Home Office have not yet published an updated caseworker guidance on how the new definition of unmarried partners will be considered in practice. The updated caseworker guidance was expected to be published on 31 January 2024 but this is yet to be published.

Many of us in practice have often dealt with cases of unmarried couples who have been in genuine relationships for may years but have not resided together for two years. The change will hopefully recognise relationships where the living arrangements are not clear cut but remain in a durable relationship.