A common route for people to enter or remain in the UK, is on the basis of their relationship to a person who is legally resident in the UK. This applies not just to people in a relationship with a British citizen or settled person, but also to those looking to relocate with their partner as their dependant, on a work or study visa.

The Immigration Rules have long recognised that partners include people who are unmarried, but certain requirements must be met to meet that definition. In early 2024, changes to the definition of unmarried partners have made this less restrictive. This article will discuss these changes, as well as other issues that unmarried partners will face when making applications to enter or remain in the UK.

Changes to the definition of unmarried partners

Generally, in order to apply to enter or remain in the UK as someone’s partner, a person must meet the definition of a partner as contained in Immigration Rules. People who are married or in a civil partnership can automatically meet this definition. However, the Rules also make the partner route available to those who are considered unmarried partners.

Previously, meeting the definition of unmarried partners required that:

‘the couple have been living together in a relationship similar to marriage or a civil partnership for at least two years’

This caused a lot of difficulty for some couples. Particularly for those who may be living in long-distance relationships, or if there were other reasons that two people had not yet been able to accrue two years of living together.   

From 31 January 2024, the definition of unmarried partners was amended to: 

‘the couple have been in a relationship similar to marriage or civil partnership for at least 2 years.’

The key change to this definition is that it is no longer a requirement for a couple to have lived together for two years. On the face of it, this new definition does seem less restrictive than the last. However, it is important to provide evidence to the Home Office to enable a conclusion that the relationship is akin to marriage. 

Home Office guidance confirms that cohabitation remains the primary consideration that two people have held a relationship akin to marriage for 2 years. However, it is recognised that there can be good reasons (such as work or study commitments) as to why two people may not have been able to live together for that long. If additional evidence can be presented to support that a relationship has been genuine and subsisting for two years, then the Home Office may find that the new definition is met.

This then leads to the question – can a couple who have never lived together meet the definition of unmarried partners?

The new definition implies that this is possible, but it would depend on the couple’s circumstances. Guidance confirms that such applications would need to be supported with good reasons why two people had not been able to live together. Study or work commitments that mean people live in different countries may be considered here. It is also accepted that cultural or religious practices can be good reasons as to why cohabitation would be difficult; for example, if cohabitation is simply not possible in the country of origin.

This does suggest that someone looking to switch within the UK to a route based on their relationship may find it more difficult to meet the definition if they have never lived with their partner. The Home Office may have an expectation that there should be some cohabitation if both the applicant and their partner are already living in the UK.

It is also important to remember that – for unmarried as well as married partners – any previous relationships must have broken down permanently. This may be obvious – for example, a marriage that ended in divorce – but sometimes it may not. A couple may have been separated for years, but not sought a divorce, possibly for cultural or religious reasons. Home Office guidance on this is not particularly helpful, adopting a circular definition in its current version.  We have seen a recent refusal on the basis of an as-yet incomplete divorce process, so take care if you are in this situation.

Overall, it is important that if wishing to apply for a visa as an unmarried partner, that significant evidence is provided to prove the precise state of your relationship.

It is recommended that people should seek legal advice if they are unsure if they meet this new definition of unmarried partners.

Changes to the financial requirement for the partner visa

Another significant change that directly affects anyone applying for a partner visa is the increase to the minimum income requirement. For further information about the partner route and minimum income requirement, please see here: partner visa

From 11 April 2024, the minimum income requirement was increased from £18,600 to £29,000. This increase was introduced by the previous Conservative Government, and it was intended for there to be further increases in Autumn 2024 (to £34,000) and in late 2024/early 2025 (to £38,700).

The recent increase has not been overhauled by the Labour Government, but the Home Secretary has commissioned the Migration Advisory Committee (MAC) to undertake a review of the proposed further increases. These further increases have been put on hold whilst the MAC produces its report, which is expected in 2025. As such – at the time of writing – it is not yet known if there will be any forthcoming increases to this minimum income requirement.

In any event, the recent increase to £29,000 has caused significant impact on people now wishing to apply for the partner visa. This is particularly the case for people who wish to enter the UK, because they are only able to rely on their partner’s employment income, which must be at least £29,000. The increase also has a knock-on effect to the threshold required if relying on cash savings alone, with a new minimum of at least £88,500.

The Home Office has recognised that this increase would be unfair on people who already held leave as under the partner route before 11 April 2024. As such, transitional arrangements are in place so that the previous income requirement (£18,600 of gross income) applies to people already in the UK under this route.

Students; Graduates; and Health & Social care workers

Further changes have been made to the Rules which significantly limit partners of international students, graduates, and Health & Social Care workers. This affects partners generally, not just those who are unmarried.  

For international students beginning degrees after 01 January 2024, they are generally no longer able to bring their partners or children to the UK as their dependants, unless they are studying towards a PhD; other doctorate; or research based higher degree.

This can cause particular issues for partners of students who wish to move on to the Graduate Visa. The Rules require that a person can only remain in the UK as dependant of a Graduate Visa holder, provided they previously held leave as that person’s dependant when they were a student. This means that new international students could be unable to live with their partner for a significant period of time – at least until they are able to move to a visa route that permits them to bring their partner to the UK as their dependant, such as the skilled worker visa.

Additional changes were also put in place this year to restrict dependants of people who are in the UK as Heath and Social Care workers. From 11 March 2024, anyone who is newly granted leave in the UK under the Health and Care Worker Visa, cannot bring their dependent partners or children to the UK. One solution to this is for both partiers to a relationship to be sponsored workers, instead of one being a dependant. Under the rules introduced in early 2024, this presented a problem for child dependants, but changes due to be implemented in October will improve things somewhat. Again, the rules can be complex, so do seek expert legal advice if you are looking at these visa options.   

Final thoughts    

There are various routes for unmarried partners to enter or remain in the UK to be with their partner. The new definition of unmarried partners may make this slightly more available to some couples, however individual circumstances must be considered.

All visa routes will have additional requirements which must be met. If you are unsure if you can meet the definition of an unmarried partner, or if can you meet any other requirements required for a particular visa route, then our solicitors at Latitude Law can provide detailed advice and assistance.