Navigating the UK’s ‘Partner Visa’ scheme – and how WhatsApp can help unmarried partners

While moviemakers have delighted in telling stories about international love affairs, the hard truth is that anyone wishing to move to the UK to be with their loved one initially faces a host of rules and regulations rather than instant romance.

Thankfully, the UK’s visa system has evolved to acknowledge modern relationships, and it is now more straightforward for couples to permanently set up home in the UK. A Partner Visa allows British citizens, EU nationals with status in the UK and those who are permanently settled in the UK to sponsor their overseas partner to apply to stay here permanently.

Prior to 31 January 2024 this visa was only granted if the couple had a specific relationship:

• if the overseas partner is not entering the UK for the initial purpose of marrying or becoming a civil partner, the couple had to be already married or in a civil partnership.
• Unmarried partners could qualify, but faced an additional requirement to have lived together continuously for at least two years.

Since 31 January, however, unmarried partners only need to show they have been in a relationship similar to marriage or civil partnership for at least two years.

Who will this help? Any couple who have been unable to live together in the UK up to now. They may have met and formed a permanent relationship anywhere in the world but, due to work or other commitments, not had the opportunity to live together in the UK or elsewhere. It could also apply where the overseas partner has been in the UK on a different visa that is ending soon, and they wish to apply to stay with their partner in the UK but have not been able to live with them for various reasons.

This relaxation of the rules is more in tune with modern relationships and now allows couples in these situations to plan a future together in the UK rather than having to live apart for periods while arrangements are made to marry or enter a civil partnership.  It is also a positive development for employers as they have a higher chance of retaining the individuals in this situation rather than the overseas partner – or both – having to leave the UK for a period of time.

But of course, there is a catch!  Home Office decision makers will apply a much more detailed assessment of the relationship to be satisfied that it is similar to marriage or civil partnership – which is the test.

As the Home Office must assess each relationship without the ‘classic’ evidence of a formal relationship and proof of living together, a significantly higher volume of evidence is required.  However, having now prepared several of these applications on behalf of couples, I have built up a best practice approach.

Applications must be carefully prepared to show that the relationship is similar to marriage or civil partnership. A detailed relationship history, which pulls together all available evidence to show the level of contact between the couple, is absolutely crucial.  This is likely to include call records, WhatsApp messages, photographs, and proof of time spent together.

The application should also clearly explain why a marriage or civil partnership has not or will not take place, and why it has not been possible to live together either at all or on a sustained basis.

The immigration team at Anderson Strathern has successfully secured partner visas for several couples who have been unable to live together up until now and are applying as “unmarried partners.” So it can be done. But it’s important to obtain expert advice from the outset to present the best possible application to the Home Office. Getting it right first time is crucial as, if the Home Office decide a relationship does not meet their definition, changing their mind becomes an even greater challenge, and delays the ability of couples to start or continue their life together in the UK.

A version of this article was published by Business Insider.