Satisfying the unmarried partner visa relationship requirements

Appendix FM of the UK Immigration Rules is designed to provide a route for family members of British citizens and settled persons, such as partners and children, to live together in the UK. 

For a partner application to succeed, the Home Office requires unmarried partners to demonstrate that they have been in a relationship akin to marriage or a civil partnership for at least two years prior to the date of application.

However it can be difficult to meet these requirements. As a result, many individuals are left uncertain about their eligibility or the best way to secure their future in the UK with their family members.

At Seraphus, we regularly advise and represent individuals applying as the partner of a British citizen. 

A recent cases illustrates the challenges. Our clients, Isla and Liam (not their real names), sought legal advice to make an application under Appendix FM as the partner of a British citizen. At the time they were unmarried, had been in a relationship for only 22 months and spent long periods of time apart.

The challenge was, would they be able to would satisfy the Appendix FM relationship requirement as an unmarried couple?

Isla and Liam first met online in April 2023 and their relationship quickly developed into a committed and genuine partnership. From the outset, they discussed their future together, their shared aspirations, and how they envisioned their lives progressing. It soon became apparent to both of them that they wished to build a life together.

Liam, the British national and sponsor, was at the time completing his medical training as a doctor. As their relationship became more serious, the couple began discussing the prospect of establishing their life together in the UK including the immigration options available for Isla to join Liam. 

However, because they had only been in a relationship for a relatively short time at that stage, they were uncertain about their eligibility and the available pathways. This situation caused considerable stress as they were eager to take the next steps in their life together.

Faced with the prospect of remaining apart for a prolonged period, the couple became increasingly concerned about their future plans. Believing that they had exhausted their available options, they sought professional legal advice and assistance with Seraphus.

One of the key issues in the application was demonstrating that the relationship met the requirements of Appendix FM. We began by establishing a clear timeline of the couple’s relationship in order to assess whether they could meet the relationship requirements.

We found that in May 2023, Isla invited Liam to move in with her during his visit to her home country. This marked a significant milestone in their relationship, as they began living together and established a shared domestic life. 

This period of cohabitation formed a key foundation for demonstrating that their relationship had become akin to marriage from May 2023 onwards and therefore they could be eligible for the partner route under Appendix FM. 

Working with the couple, we compiled a comprehensive body of evidence demonstrating the history, development, and continuing nature of their relationship.

In international relationships there are often periods of physical separation. This can lead decision-makers to scrutinise the evidence of the relationship carefully. It was therefore important to demonstrate that the relationship had continued uninterrupted despite the distance between Liam and Isla.

We submitted evidence showing that the couple had been living together since at least May 2023 and had established a relationship akin to marriage from that time onward. The evidence showed that: 

• When they were together in Isla’s home country, they shared a home and maintained a genuine domestic partnership. 
• During periods of separation, they remained in daily contact through telephone calls and messaging platforms.
• They consistently planned their future together, and arranged numerous trips as a couple. 
• Liam travelled to Isla as frequently as his work allowed.
• The couple shared responsibility for their pets and related payments. 

Overall, the evidence we collected demonstrated that they had integrated their lives in a way that showed a committed, genuine, and long-term relationship. Importantly, we showed that any time spent apart was not due to a lack of commitment but instead the result of unavoidable work obligations and immigration restrictions.

Through our knowledge and experience of the Appendix FM Immigration Rules we were able to identify the best possible arguments, the required evidence and finally, we could clearly demonstrate that the couple’s relationship was genuine, subsisting, and akin to marriage.

As a result, the Appendix FM application was successful, and Isla was granted 33 months leave to enter under Appendix FM of the Immigration Rules as the unmarried partner of a British national.

The couple no longer have to worry about when they get to spend time together or if building a future together would be possible. They can finally start their shared life in the UK. 

When seeking to satisfy the relationship requirement under Appendix FM, couples often worry that periods of separation will undermine their application. Liam and Isla’s case shows that this does not have to be the case. What is crucial is the quality and consistency of the evidence showing the ongoing nature of the relationship.

Evidence of living together, regular communication, shared responsibilities, future plans, and support from family and friends can all play an important role in establishing that a relationship is genuine, subsisting, and comparable to marriage.

Our immigration team regularly assists couples with spouse, partner, and family visa applications under Appendix FM. We help clients identify and present the strongest possible evidence to demonstrate that their relationship meets the requirements of the Immigration Rules, even where periods of separation or complex personal circumstances are involved.