Unmarried Partners Rule
OUTLINE OF THE UNMARRIED PARTNERS RULE
Where can I find the full text of the Unmarried Partners Rule ? The full text of the unmarried partners rule and the relevant Home
Office instructions can be found on the
website of the
UK Border Agency (previously the Border & Immigration Agency
and prior to that the Immigration & Nationality
Directorate)
See also our
Links page for direct links to
important pages.
We set out here all you need to know to get started
What does the Unmarried Partners Rule say?
The Rule allows an overseas national to enter or remain in the UK as
the unmarried partner of a person living here if three main requirements
are met:-
There must be in existence a relationship akin to marriage which has
subsisted for two years or more. Any previous or similar relationship by
either partner must have permanently broken down and the couple must
intend to live together permanently.
Does the partner living in the UK have to
be British?
No. The rule also applies to non-British citizens who have settled status in the UK (otherwise known as permanent residency or
indefinite leave to remain). It also applies to the partners of citizens
from European Union countries that are for the time being living in the
UK.
It also applies to the partners of non-European Union Citizens who are
coming to the UK for a temporary purpose, which could lead to settlement.
This includes non-European Union Citizens coming to the UK to work under
the employment provisions of the Immigration Rules (e.g. work permit
holders, businesspersons, UK ancestry) plus retired persons of independent
means. In these situations the same sex
partner will be allowed to stay for as long as the working partner.
Unfortunately this does not extend to the partners of non-European Union
Citizens who are coming to the UK to study or for any other temporary
purpose such as a commonwealth-working holidaymaker. See
Civil Partnership.
See latest details on switching from temporary categories within the UK
What do they mean by a relationship ‘akin to marriage’?
They mean
that the relationship must be similar in its nature to a marriage. This
means a high level of commitment to the relationship to the exclusion of
other similar relationships. It means an intention to live together, to
build a home together and grow old together. It is intended to exclude
relationships, which are not committed.
What is meant by the phrase "have been living together in a
relationship, which has subsisted for two years or more"?
In order to meet this requirement, the Home Office (or entry clearance
officers at British Diplomatic Posts) will expect the couple to
show evidence of cohabitation for the two-year period preceding the date
of application. Short breaks apart would be acceptable for good reasons,
such as work commitments, or looking after a relative which takes one
partner away for a period of up to six months where it was not possible
for the other partner to accompany.
The most straightforward application will be one in which there is
evidence of 2 years cohabitation. Where a relationship has subsisted for
2 years but you have not cohabited throughout (e.g. some time spent
apart due to living in different countries) then your application will
be scrutinised carefully but you could still succeed. There is legal
precedent (Ref. IM/09696/2004) for the argument that the Immigration
Rules require a 2 year relationship akin to marriage but not 2 years of
continual co-habitation. If you are in such a situation, it is suggested
you seek legal advice to ascertain the chances of success.
If you have been separated during the two-year period it is necessary
to show that the relationship has continued throughout that period by
visits, letters/emails written and phone calls made. It is likely that a
relationship based on occasional short visits followed by long periods of
separation will not succeed.
Immigration Directorates' Instructions (IDIs)
Chapter 8 Section 9 (Unmarried Partners - definition
of "a relationship akin to marriage"
Annex Z).
How do I prove that I have been living together in a relationship for
two years?
The Home Office caseworkers are told that they should be looking
for "conclusive evidence of the relationship". It is suggested
that the following types of evidence would be useful: -
Evidence of any joint commitments (such as joint bank accounts,
investments, rent agreements, mortgage, death benefit, etc).
Correspondence which links the partners to the same address.
Any official records that show that they live at the same address (e.g.
doctor’s records, DSS records and National Insurance records.
any other
evidence that adequately demonstrates the couple’s commitment to each
other.
Over the years our members have made hundreds of applications and we
suggest in the section on evidence, the
types of documentation that you should prepare and submit.
What is meant by "adequate accommodation and maintenance without
recourse to public funds"?
This means that you must be able to show that the applicant can be
housed and supported financially without claiming any welfare benefits
(e.g. income support, housing benefit, etc). If the British/settled
partner is receiving welfare benefits to which they are entitled in their
own right they are allowed to continue receiving them so long as the
applicant can show that they have a source of income to support themselves
(i.e. a job, job offer or substantial savings). If you have any doubts as
to whether you are able to adequately accommodate and maintain yourself
you should seek advice.
Where do I make the application?
If the potential applicant is already lawfully in the UK an application
can be made from within the UK so long as it is made before their current
permission to remain in the UK has expired.
Making an application in UK.
If you are currently living in the UK unlawfully (i.e. you have
overstayed your last permission or you entered the country illegally), you
cannot strictly speaking benefit from the rule. However, if you are
unlawfully in the UK the Home Office will take into account whether or not
you qualify under the rule when deciding if it would be appropriate to
require you to leave the UK. If you meet the requirements of the rule it
is unlikely that the Home Office will seek to enforce your removal unless
you have a very bad immigration history. If you are an overstayer or an
illegal entrant we strongly advise you to obtain expert legal advice
before approaching the Home Office. See
Newsflash
If proposed applicants are outside of the UK and they meet all the
requirements of the rule then they should apply for an entry clearance
(also known as a visa) from the British Embassy, Consulate or High
Commission in the country where they are living (see
Outside
UK).
You cannot apply to enter the UK under the rule on arrival at an
airport or seaport. Such an application will always be refused unless
there are very exceptional, compassionate circumstances. If you are coming
from abroad you must obtain the entry clearance first.
I don’t think I qualify.
Many people do not qualify, some have not been
in relationships for two years or more, while others have been in
relationships for two years or more but have not cohabited enough in the
last two years to qualify. If you are in this situation the most important
thing is to be able to continue or start living together with a view to
qualifying at some point in the future. You should consider obtaining
expert legal advice as to how best to do this. See also
Other
Options and
Civil Partnership
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