Client Success: Unmarried Partner Visa Granted Without Cohabitation

At Richmond Chambers, we understand the emotional and practical challenges that our clients face when applying for a visa to join a partner in the UK, and we are dedicated to providing the highest level of service to ensure successful outcomes. Recently, Alexandra Pease and Alex Papasotiriou, Immigration Barristers at Richmond Chambers, successfully assisted a couple in securing an Unmarried Partner Visa.

The Case

This case involved an Indonesian citizen wishing to move to the UK to be with her British partner. However, although spending time together, the couple had not been able to live together due to work commitments and immigration restrictions. The applicant relied on her partner’s salaried employment to meet the financial requirement.

Key Challenges in Unmarried Partner Visa Applications 

The couple, who had been in a committed relationship for two years, faced significant challenges in their application due to a combination of personal and legal circumstances. Although they had spent substantial time together, their ability to live together had been severely constrained by both their respective work commitments and the existing immigration restrictions. These factors made it difficult for them to meet the cohabitation requirement traditionally associated with unmarried partner visa applications.

This case came shortly after a significant change in the immigration rules particularly the definition of unmarried partners under Appendix FM and the rules generally. The change removed the strict cohabitation requirement for unmarried partners, but it also presented new challenges for applicants who had never lived together. This still still requires individuals to demonstrate that they are in a relationship similar to a marriage for at least 2 years, which can be challenging for couples who have not lived together.This was precisely the situation the couple found themselves in, making their unmarried partner visa application more complex and requiring a careful, thoughtful approach.

In addition, one of the major requirements for the visa application was to meet the financial threshold, which was a key area of focus. The applicant relied on her partner’s salaried employment to meet the financial requirement, which required specified financial evidence.

Our Approach to Securing an Unmarried Partner Visa

Understanding the nuances of this case, Richmond Chambers set out a meticulous strategy to address these challenges. The first step was ensuring the relationship was demonstrated as genuine and long-term, despite the lack of cohabitation. We knew that to meet the new criteria, we had to show that the couple’s relationship was similar to that of a married couple. To do this, we compiled relationship evidence from a variety of sources, such as travel records, communication logs, joint financial documents, and other tangible proof of their commitment to each other.

We also addressed the reasons why the couple had not lived together, including the constraints of their work commitments and the inability to do so due to the applicant’s immigration status. This was a pivotal part of our strategy, as we needed to ensure the Home Office understood the context and complexity of their situation. Additionally, we provided a detailed timeline of the couple’s relationship, including visits, vacations, and other shared experiences, to further reinforce their genuine connection.

In terms of financial evidence, we ensured that the applicant’s partner’s salaried employment was well-documented and all specified evidence provided.

The Outcome: Unmarried Partner Visa Granted

Our team worked quickly and efficiently to assemble all necessary documentation and submit the application. Our comprehensive and well-organised approach left no room for ambiguity, ensuring that the evidence presented was clear and persuasive. Our client’s case was reviewed promptly, and within just under three weeks from the biometrics appointment, we received confirmation that the unmarried partner visa had been approved.

Key Takeaways From the Case

This case offers valuable lessons for those seeking an unmarried partner visa, particularly in cases where the couple has not lived together. 

Key takeaways include:

• Understanding the Impact of Legal Changes: It is essential to be aware of and understand changes to immigration law, such as the redefinition of unmarried partners in Appendix FM. This change allowed for more flexibility but also added complexity for couples who had not lived together.
• Comprehensive Relationship Evidence: For couples who have not cohabited, it is crucial to gather diverse evidence of the relationship’s genuineness. This can include travel documents, communication logs, financial evidence, and other forms of proof that demonstrate the depth of the relationship.
• Timely and Clear Communication: Throughout the process, Richmond Chambers maintained clear, open communication with the couple, providing reassurance and guidance at every step. This helped them navigate the uncertainties of the application process with confidence.

Barristers’ Reflections 

Alexandra Pease and Alex Papasotiriou, the Immigration Barristers who represented the applicant noted:

“The successful outcome meant that the applicant was able to join her partner in the UK, which had been their goal from the outset. This case exemplified the importance of a well-rounded, thorough approach to immigration applications, especially in light of legal changes that can complicate matters for many couples. We are delighted to have helped this couple reunite and wish them all the best as they begin their life together in the UK”.

Client Feedback

The applicant shared their positive experience with Richmond Chambers, noting that our team went above and beyond in providing support throughout the process. They expressed their gratitude for the detailed and transparent approach to handling their case, which was critical to their success. 

They also mentioned the extra efforts our team made to construct a clear and compelling narrative for the case, which included filling in gaps, reconstructing timelines, and ensuring that the relationship evidence told a consistent and credible story, even without traditional cohabitation.

Contact Our Immigration Barristers 

At Richmond Chambers, we are committed to helping couples navigate the complexities of UK immigration law with care, precision, and a deep understanding of the challenges they face.

For expert advice in relation to your unmarried partner visa application or other immigration matters, contact our immigration barristers on 0203 617 9173 or complete the contact form below.