Client Success: Unmarried Partners Without Cohabitation

The Case: Navigating an Application with Inherent Risk

Immigration Barrister Isabella Reynard recently represented a couple seeking entry clearance as unmarried partners in a situation that carried inherent risk from the outset. Although they had maintained a committed and long-standing relationship, they had never lived together, largely due to external constraints. This made it essential to present a carefully structured and persuasive application.

Key Challenges: Establishing Partner Status Without Cohabitation

One of the central challenges in this case arose from the change to the definition of an unmarried partner within the Immigration Rules. Historically, applicants were required to demonstrate at least two years of cohabitation in order to qualify. The updated definition now focuses on whether the relationship has been similar to a marriage or civil partnership for a period of at least two years. Although intended to provide greater flexibility, this change has created considerable ambiguity for couples who are committed and long-term but who have no cohabitation history.

In this case, the Applicant and Sponsor had not lived together at all during the course of their relationship. Their inability to do so was driven by immigration controls and other professional commitments that had required them to remain in their respective countries. The absence of any cohabitation meant that the caseworker would need to be persuaded through alternative forms of evidence that the couple’s relationship nonetheless satisfied the revised definition of a partner. 

Our Approach: Persuasive and Evidence-Led 

Given the uncertainty created by the revised definition, our approach focused on presenting detailed and carefully reasoned legal submissions that demonstrated why the couple qualified despite the lack of shared residence. We explained that immigration restrictions had prevented the couple from living together, and we placed these restrictions within the wider context of their personal and professional obligations. It was essential to show that the absence of cohabitation was not indicative of a lack of commitment but rather a practical limitation outside their control.

We prepared extensive evidence to show that the couple’s relationship had been consistent, meaningful and clearly akin to a marriage or civil partnership. We described the periods they had spent together in person, the way they had maintained their relationship across different countries, and the seriousness of their future plans. 

The Outcome: A Positive Decision Ahead of Schedule

Through detailed legal submissions, structured evidence and a clear explanation of the couple’s circumstances, the Home Office approved the application significantly earlier than the standard decision timeframe. 

The couple can now look forward to beginning their life together in the UK, without the immigration barriers that had previously separated them.

Key Takeaways: Clarity, Preparation and Evidence Remain Essential

This case highlights the practical uncertainty created by the revised definition of an unmarried partner but that in some circumstances, the removal of the mandatory two-year cohabitation requirement offers greater flexibility. An emphasis is placed on demonstrating the quality and durability of the relationship through whatever means possible.

For couples with little or no cohabitation, success will depend on presenting clear reasoning, credible explanations for the lack of shared residence, and robust evidence of a genuine, long-term partnership. With a strategic and well-prepared approach, even applications that carry inherent risk can achieve positive outcomes.

Contact Our Immigration Barristers

If you require advice or assistance with an Unmarried Partner Visa application, whether you have lived together or face challenges in demonstrating your relationship, contact our immigration barristers on 0203 617 9173 or complete the contact form below.