Under the new UK immigration rules, after 31st January 2025, couples who have never lived together can now apply for an Unmarried Partner Visa as long as they can demonstrate that they have been in a relationship that is similar to a marriage or civil partnership for at least two years. The latest Home Office guidance1 on family visas has now removed the cohabitation requirement for unmarried couples which required applicants to show that they had lived together for at least two years. As such, rather than focusing on whether a couple have lived together, the rules are now more based on the nature and duration of the relationship. This means that if you apply for an Unmarried Partner Visa and you are not living together, you only need to demonstrate that your relationship is genuine and has been ongoing for at least two years.
It is important to note, however, that even though you can still apply for a UK Unmarried Partner visa if you have not been living together for the last two years, cohabitation is still considered strong proof of a genuine and subsisting relationship by the Home Office. This means that you will need to provide strong evidence that you have been in a genuine relationship despite the fact you have not lived together.
Unmarried partner visa requirements for couples not living together
If you have not been living together and you’d like to apply for UK Unmarried Partner Visa, you must meet the following requirements:
- You have been in a relationship for at least two years when you apply but could not live together for a valid reason (e.g. working or studying in in different places or cultural reasons).
- You have been in a relationship that is “similar to a marriage or civil partnership” for a two-year period.
- The relationship has been “genuine and subsisting” for the two-year period and remains so as of the date of application.
- You intend to live together permanently in the UK.
- You meet the English language requirements (level A1 on the Common European Framework of Reference for Languages scale), and
- You have a combined income with their UK-based partner of at least £29,000 per year.
Evidence for unmarried partner visa if you’re not living together
The Home Office does not provide a definition of what is meant by “a relationship similar to a marriage or civil partnership” or what kind of evidence is required. While this is not made clear by the Home Office, it is important to provide as much evidence as possible to demonstrate that your relationship is genuine and has been ongoing for at least two years before you apply.
When it comes to determining what evidence to provide, it is important to remember that everyone’s situation is different. As such, there is no single list of documents that will meet every Unmarried Partner Visa application. Below, we have provided a list of the possible evidence that may be required by the Home Office to prove that you meet the requirements outlined above. These are provided solely for informational purposes and should not be considered legal advice. If you have questions about your Unmarried Partner Visa and the evidence you need to provide to meet the unmarried couple requirements, please contact our highly experienced immigration lawyers.
Suggested evidence and documents for Unmarried Partner Visa for couples who do not live together:
- Evidence of ongoing communication between you and your partner, e.g. online chats (e.g. Whatsapp), telephone calls, emails, etc. The evidence should span the past 2 years and show that you have always communicated with each other on a regular basis.
- Travel-related evidence to demonstrate you have spent time together frequently for the last 2 years, such as flight tickets, hotel bookings, photos, etc.
- Letters of support from friends or family who know you as a couple.
- Joint financial evidence such as joint bank accounts.
- Legal ties such as named beneficiaries on insurance, trusts, pensions, wills, and/or
- Evidence that you have purchased or rented a home to live together in the UK (i.e. a mortgage agreement or assured shorthold tenancy agreement).
- Evidence of exceptional circumstances that prevent you from living together, such as letters explaining job or visa restrictions, travel restrictions, medical issues, studying in separate countries, and cultural or religious barriers.
In addition to the above evidence, you will need to show that you meet the other requirements for the Unmarried Partner Visa. As such, you will need, for example, a contract of employment showing that you and your partner have a combined income of £29,000 and an English language exam pass certificate showing that you meet the English requirements. For a full set of requirements, please check our guidance: Unmarried Partner Visa UK Requirements
Reference:1 GOV.UK: Statement of changes to the Immigration Rules: HC 246, 7 December 2023
