The UK unmarried partner visa definition has changed, removing the explicit "living together" requirement, but the necessity of cohabitation for demonstrating a relationship "similar to marriage or civil partnership" remains a nuanced and subjective assessment by Home Office caseworkers.
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This video will discuss whether those applying for UK unmarried partner
visa will need to have lived together before submitting the application.
An an OISC-regulated UK immigration law firm that has helped more than 4,600
partners obtain their UK partner visas, are very well placed to discuss this.
The definition of an unmarried partner has recently changed from “where
the couple have been living together in a relationship similar to marriage
or civil partnership for at least two years” to “where
the couple have been in a relationship similar to marriage or civil partnership
for at least two years”.
So by removing the words “living together”,
Does this mean that the living together requirement has been removed entirely?
This question does not have a simple answer,
but let's explore it together to understand the nuances involved.
On the one hand, the guidance states “The two year
period does not require evidence of cohabitation for the period”.
It also states that “the essential point is that the relationship has been genuine
and subsisting for the duration of the two year period, and continues
to be at the date of application”.
Considering only these two points, one may think that the two years
of being in a genuine
relationship will always suffice to apply as an unmarried partner.
However, there are other things to consider.
Let's go back to the current definition of an unmarried partner as a couple
that have been in a relationship
similar to marriage or civil partnership for at least two years.
It's important to consider this because this definition
is found in paragraph 6.2 of the Immigration Rules.
Technically, Home Office caseworkers must assess applications in accordance
with the Immigration Rules - not what is stated on the gov.uk webpage.
The words “similar to marriage or civil partnership”
should not be overlooked here.
Ask yourselves these two questions.
“Will all couples who have been in a genuine relationship for two years
have been in a relationship similar to marriage or civil partnership?” “Is
it possible for a couple who have been in a genuine relationship for two years
without cohabiting for any substantial period, to be more
accurately characterized as being in a boyfriend/girlfriend
relationship, rather than one similar to marriage or a civil partnership?”
These are obviously subjective questions that will ultimately
come down to the Home Office caseworker assigned to your application.
Most of my colleagues
have worked in the Home Office in very senior positions for many years.
So, we know that there will be Home Office caseworkers who would agree that a key
aspect of a relationship
that is similar to marriage or civil partnership is prior cohabitation.
To clarify, we are not stating that it is impossible for partners
to apply as unmarried partners if they've not cohabited.
We're also not stating that
two years of cohabitation is 100% mandatory in all cases.
Instead, the answer will be somewhere in between, and the particular facts
of the applicant and sponsor's relationship are key.
Yes, the threshold to apply as an unmarried partner would likely be lower
than it was previously, but those applying as an unmarried partner
who have not cohabited for two years before submitting the application
should approach their unmarried partner visa application particularly carefully.
Since the removal of the words “living together” in the unmarried partner visa
definition, we've dealt with numerous successful unmarried
partner visa applications where the applicant and sponsor
have not cohabited, and we've not seen a refusal.
Whilst this would be, to an extent, related to the fact that my colleagues
know exactly what the Home Office likes to see,
considering that all of my colleagues at Migrate.org.uk
have worked in the Home Office
for many years, in each of these applications,
there were elements of having a child together or having significant
shared financial responsibilities, or having been in a relationship
for significantly longer than two years, and/or not have been able
to have lived together due to work, visas or culture.
Out of all of these, we would recommend exercising caution
particularly in relation to partners who primarily intend to rely on the fact
that they've not cohabited due to work or visas, as this will most
commonly be the case for those considering applying as unmarried partners.
Whilst we have not had a refusal where the applicant and sponsor did not cohabit,
we've also advised numerous partners that they should consider applying
as a fiancé(e), married or civil partner (if they are inclined to do so) due
to the significant risk of not meeting the unmarried partner visa definition.
Again, it really comes down to your particular circumstances.
So if you've not lived together for two years and are considering applying
as an unmarried partner, the main options are: 1) Put together
and submit the best possible unmarried partner visa application.
Here you'll be relying on the particular
Home Office caseworker or caseworkers that are assigned your application.
Rather than going by a set list of criteria,
they'll be making a subjective decision in light of the application as a whole.
If the application is refused, whilst you'll not be prevented from submitting
another application in the future, you will lose out on the Home Office
application fee and other additional fees relating to the visa centre appointment.
Option two is to delay the application until you're able
to submit a stronger application as an unmarried partner.
Option three is to apply for a UK fiancé(e)
or proposed civil partnership visa, where you'll be expected to marry or enter
into a civil partnership the UK during the six month visa.
And option four is to enter into a marriage or civil partnership,
and then apply as a married or civil partner.
If you're happy to marry or enter into a civil partnership, options
three and four here
will be the safest approach, as this removes the ambiguity of having to show
that you've been in a relationship
similar to marriage or civil partnership for two years.
We discuss the partner visa requirements and the partner visa process
in detail on our website, www.Migrate.org.uk.
If you want us to continue making videos like this, you can let us know
by liking the video, subscribing or leaving a comment.
I hope you found this video helpful.
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