Residence Requirements for Partners
In This Article
1. Understanding Residence Expectations Under the UK Partner Route
Unlike most visa routes, partner visas (including those meeting the definition of partner as an unmarried partner or spouse) do not have any specific residence requirements or prescribed limits on the number of days of absences from the UK.
However, despite the absence of a residence requirement for partners, there are some factors to be aware of to ensure that applications for further leave to remain and indefinite leave to remain will be successful.
Partner applications require the applicant and their partner to hold the intention to ‘live together permanently in the UK.’
Paragraph 6 of the Immigration Rules defines this as:
‘an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently in the UK immediately following the outcome of the application in question or as soon as circumstances permit thereafter.’
In each application for further leave to remain as a partner, the applicant must provide evidence that they have lived together with their partner in the UK since the last grant of leave as a partner. Both the applicant and sponsor must be physically present in the UK when an application for further leave is submitted.
2. Absence of Formal Residence Requirements for Partner Visas
Both the applicant and their partner are permitted to be absent from the UK for limited periods of time, including holidays. As above, periods of having not lived together will need to be consistent with an intention to live together permanently in the UK.
3. Suitable Reasons for Absences From the UK
The Home Office guidance states that good reasons for absences could include holidays or time spent overseas in connection with the applicant or sponsor’s work, training or study.
This is not an exhaustive list and absences for other reasons should be explained, with evidence.
4. Demonstrating That Absences Are Consistent With Living Together Permanently
Short holidays or trips taken by a couple together will not be inconsistent with the intention to live together permanently in the UK.
Lengthy absences from the UK must be explained. Evidence should be provided regarding the reason for the absence, how long these reasons lasted and to show that the couple’s permanent home has remained in the UK.
Long periods of separation between a couple may additionally call into question the genuineness of the relationship, and potentially whether the definition of partner is met. Therefore, evidence should be provided to show how the relationship has been maintained during periods apart, such as evidence of regular communication and visits.
5. Extent of Absences Permitted Under the Partner Route
There is no specific limit to absences in the partner route. However, the guidance states that:
“If the applicant, their partner or both have spent the majority of the period overseas, there may be reason to doubt that the couple intend to live together permanently in the UK. “
There is therefore an expectation that the majority of the time will be spent by the couple together, as is consistent with the purpose of the partner route is to enable individuals to join their partner in the UK on the basis of their family life.
The decision-maker is obliged to consider each case on its merits, taking into account reasons for travel, length of absence and whether the applicant and partner travelled and lived together during the time spent outside the UK. If either person has spent the majority of the period overseas, this should be fully explained.
6. Absence Provisions for Partners of Crown Servants Posted Overseas
A person who is sponsored by a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council, the Foreign, Commonwealth and Development Office or Home Office on an overseas tour of duty, and has joined them abroad, is permitted to complete their period of residence outside the UK.
7. Impact of Absences on Naturalisation as a British Citizen
If married to a British citizen, naturalisation is possible immediately after being granted Indefinite Leave to Remain on the partner route, subject to meeting the requirements. If not, after 12 months, applicants can apply to naturalise. When naturalising, applicants should be aware of the residence requirements to naturalise.
Naturalisation applications have absence requirements relating to the three year period prior to the date of the application if the applicant is married to a British citizen, or five years if not, or if they do not wish to rely on the marriage. Further information is available on the British Citizenship section of our website. It should be noted that there are permitted exceptions to excess absences for these applications.
8. Contact Our Immigration Barristers
For expert advice in relation to partner applications and addressing residence, contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.
9. Frequently Asked Questions
Do partner visas have residence requirements or limits on absences from the UK?
No. Partner visas, including for spouses and unmarried partners, do not have prescribed limits on the number of days of absence from the UK.
What does it mean to have the intention to ‘live together permanently’ in the UK?
The Immigration Rules define it as a clear commitment from both parties to live together permanently in the UK immediately after the application is approved, or as soon as circumstances allow.
Do applicants need to show evidence of living together for further leave to remain?
Yes. Applicants must provide evidence that they have lived together with their partner in the UK since the last grant of partner leave.
Are absences from the UK allowed on a partner visa?
Yes. Absences are permitted, including holidays or time spent overseas for work, training, or study. Short trips together will not affect the application, but longer absences must be explained with evidence.
Is there a limit on how long partners can spend outside the UK?
There is no specific absence limit. However, if the majority of the period is spent overseas, this may raise doubts about the couple’s intention to live together permanently. Applicants should fully explain any extended absences.
Are there exceptions for partners of Crown servants?
Yes. Partners of permanent members of HM Diplomatic Service, the British Council, FCDO, or Home Office on overseas tours, who join them abroad, are allowed to complete their residence outside the UK.
How do absences affect naturalisation as a British citizen?
For spouses of British citizens, naturalisation is possible immediately after obtaining ILR, subject to meeting other requirements. For others, naturalisation can be applied for after 12 months. Absence rules apply for three years for spouses, or five years for non-spouses, with permitted exceptions for excess absences.
Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.
