Cat with her husband Tony relaxing and strolling. Manila, Philippines - In our previous article, we discussed the dreaded two (2) year rule for the UK Unmarried Partner Visa application which made it quite problematic for applicants to file for it due to the complicated provision requiring two (2) years of cohabitation between the applicant and her British partner at the same time requiring the sponsor to earn a yearly income of £29,000.
Fortunately, a law was filed and passed deleting this provision, which according to the UKVI would make it easier for applicants who have not lived together under one roof to file for the UK Unmarried Partner Visa as an alternative to filing for the UK Spouse Visa or the UK Fiancée Visa.
So under the new rule which was passed and took effect last January 2024, as long as the partners (applicant and British sponsor/partner) can prove by document that they have been in a DURABLE RELATIONSHIP similar to marriage or a civil partnership for at least two (2) years before the date of application without need of living together, the applicant may be eligible for the UK Unmarried Partner Visa.
So what is a DURABLE RELATIONSHIP? According to the rules, “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.
According to the rules, “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.”
Under this type of situation, durable relationship is enough for the application for the UK Unmarried Partner to be approved even if they have not lived together for 2 years.
The guide for Entry Clearance Officers (ECO) further states that “A relationship can still be recognized 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 you 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 you will need to be satisfied the relationship is similar to a marriage or civil partnership and has subsisted for more than 2 years.
Fortunately, a law was filed and passed deleting this provision, which according to the UKVI would make it easier for applicants who have not lived together under one roof to file for the UK Unmarried Partner Visa as an alternative to filing for the UK Spouse Visa or the UK Fiancée Visa.
So under the new rule which was passed and took effect last January 2024, as long as the partners (applicant and British sponsor/partner) can prove by document that they have been in a DURABLE RELATIONSHIP similar to marriage or a civil partnership for at least two (2) years before the date of application without need of living together, the applicant may be eligible for the UK Unmarried Partner Visa.
So what is a DURABLE RELATIONSHIP? According to the rules, “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.
According to the rules, “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.”
Under this type of situation, durable relationship is enough for the application for the UK Unmarried Partner to be approved even if they have not lived together for 2 years.
The guide for Entry Clearance Officers (ECO) further states that “A relationship can still be recognized 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 you 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 you will need to be satisfied the relationship is similar to a marriage or civil partnership and has subsisted for more than 2 years.
Tony and Cat with daughter Sundae who is likewise ECO-Friendly's loyal client. “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.
“In some countries same-sex relationships might not be recognized or accepted by the society, which in turn might make it difficult or even impossible for same-sex partners to cohabit. Where an applicant says this is the case, you should check the relevant Country Policy and Information Notes, to confirm this is consistent with the information available. Instead of evidence of cohabitation, you will want to see other evidence of an ongoing relationship such as evidence of regular communication, visits, holidays, events attended, financial support, joint care of any children the partners have together, or any other evidence showing an ongoing relationship.
“Where the couple have entered into their relationship in the UK or in a country where same-sex relationships are accepted they will normally be expected to have cohabited unless there is a good reason they live apart.” These statements are based on immigration rules.
INVALID MARRIAGE OR CIVIL PARTNERSHIP
A durable relationship therefore does not require the 2 year cohabitation period and even if the partners live apart for most of their relationship, the application will still be approved as long as they can show their relationship is akin to marriage without necessarily living together.
Under this principle, therefore, it may be possible for applicants who file for the UK Spouse visa to end up receiving a UK Unmarried Partner visa instead.
Because under the rules provided, where the Entry Clearance Officer (ECO) is not satisfied that the marriage or civil partnership between the applicant and the British partner/sponsor is valid, said ECO must not automatically refuse the application. Instead, the rules instruct the ECO to continue considering the application as if the partners are unmarried or not in a civil partnership and assess whether they meet the requirements for a durable relationship. So under these conditions, as long as all the requisites for a valid UK Unmarried Partner visa are present, then a favourable decision for the same visa application is warranted.
Thus, if the applicant who is pressed for time and needs to be in the UK ASAP, and is actually already married to the British partner/sponsor but does not yet have the complete documents (like the marriage certificate issued by the PSA) to prove that their marriage, they can file for the UK Spouse Visa and if the ECO determines there is no sufficient evidence to show a valid marriage, the ECO may proceed with the application and treat it as if a UK Unmarried Partner Visa was instead filed.
Until next time!
“In some countries same-sex relationships might not be recognized or accepted by the society, which in turn might make it difficult or even impossible for same-sex partners to cohabit. Where an applicant says this is the case, you should check the relevant Country Policy and Information Notes, to confirm this is consistent with the information available. Instead of evidence of cohabitation, you will want to see other evidence of an ongoing relationship such as evidence of regular communication, visits, holidays, events attended, financial support, joint care of any children the partners have together, or any other evidence showing an ongoing relationship.
“Where the couple have entered into their relationship in the UK or in a country where same-sex relationships are accepted they will normally be expected to have cohabited unless there is a good reason they live apart.” These statements are based on immigration rules.
INVALID MARRIAGE OR CIVIL PARTNERSHIP
A durable relationship therefore does not require the 2 year cohabitation period and even if the partners live apart for most of their relationship, the application will still be approved as long as they can show their relationship is akin to marriage without necessarily living together.
Under this principle, therefore, it may be possible for applicants who file for the UK Spouse visa to end up receiving a UK Unmarried Partner visa instead.
Because under the rules provided, where the Entry Clearance Officer (ECO) is not satisfied that the marriage or civil partnership between the applicant and the British partner/sponsor is valid, said ECO must not automatically refuse the application. Instead, the rules instruct the ECO to continue considering the application as if the partners are unmarried or not in a civil partnership and assess whether they meet the requirements for a durable relationship. So under these conditions, as long as all the requisites for a valid UK Unmarried Partner visa are present, then a favourable decision for the same visa application is warranted.
Thus, if the applicant who is pressed for time and needs to be in the UK ASAP, and is actually already married to the British partner/sponsor but does not yet have the complete documents (like the marriage certificate issued by the PSA) to prove that their marriage, they can file for the UK Spouse Visa and if the ECO determines there is no sufficient evidence to show a valid marriage, the ECO may proceed with the application and treat it as if a UK Unmarried Partner Visa was instead filed.
Until next time!
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