Partner definition in the UK immigration rules
You will see further below that relationships may take various forms to qualify for family visas, such as spouse and unmarried partner. It is important to provide with your application relevant documentary evidence of your relationship. The evidence will vary depending on your circumstances when you are married/civil partnership and when you are unmarried.
Under the Immigration Rules, a ‘partner’ is defined as one of the following:
- the applicant’s spouse
- the applicant’s civil partner
- unmarried partner, where the couple have been in a relationship similar to marriage or civil partnership for at least 2 years
Unmarried partners – 2 years relationship similar to marriage or civil partnership
The 2-year period for a relationship between a couple who are not married or in a civil partnership must have been completed prior to the date of application. The 2- year period does not strictly require evidence of cohabitation for the period and will take account of instances where, for example, the couple are currently living apart for work reasons in order to meet the financial requirements of the rules. The essential point is that the relationship has been genuine and subsisting for the duration of the 2-year period and continues to be at the date of application.
What is a durable relationship – unmarried partner
Where the applicant and their partner are not married or in a civil partnership, they must demonstrate they have been in a relationship similar to marriage or civil partnership for at least 2 years before the date of application. 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 similar to marriage or civil partnership where the couple have not, or currently do not, live together.
Assessing durable relationship – unmarried partner
A relationship can still be recognised as meeting the requirement for a durable relationship where, for example, there is a good reason the partners are living apart which is still consistent with them having a relationship similar to marriage or civil partnership. 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. In such circumstances a durable relationship can still meet the requirements, but Home Office will need to be satisfied the relationship is durable and genuine and subsisting even though they are living apart. For example, there may be evidence that although they are currently living apart, they have lived together in a durable relationship in the past and intend to do so again in the future.
However, in some cases the couple may not have lived together and Home Office will need to be satisfied the relationship is similar to a marriage or civil partnership and has subsisted for more than 2 years.
In some countries unmarried partners cannot live together and you will need to assess whether the relationship is similar to a marriage or civil partnership, in that it is more than a boyfriend/girlfriend type relationship.
Genuine and subsisting relationship requirement
Each relationship is unique in regard to how it started, developed, and has subsisted and it is therefore important to consider each relationship on its own facts and avoid presumptions and unreasonable expectations. Cultural and religious practices may be relevant when assessing whether a relationship is genuine and subsiding.
Home Office must assess all the evidence and decide whether you are satisfied on the balance of probabilities (in that it is more likely than not) that the relationship is genuine and subsisting.
