For our clients resident in Italy and worldwide we wish to advise you that there is now the opportunity to apply under the Partner Route to enter into the UK for those who have not cohabited for 2 years “akin to marriage”:
Previously, in the UK Immigration Rules (Appendix FM) a ‘partner’ was defined as:
- Spouse
- Civil partner
- Unmarried partner, where the couple have been living together in a relationship similar to marriage or a civil partnership for at least two years.
This meant that unmarried partners who had not cohabited with one another for 2 years prior to making an application, fell short of meeting the requirements for a partner visa.
Many partners who were in a genuine and subsisting relationship were not living together e.g. due to cultural, religious or affordability reasons. These couples could only make applications once they had married.
As of 31 January 2024, the definition of a ‘partner’ has been updated to:
- Spouse
- Civil partner
- Unmarried partner, where the couple has been in a relationship to marriage or civil partnership for at least 2 years.
The changes in the definition of a ‘partner’ will now allow many more couples to apply for visas on the basis of a partner route. They will of course have to demonstrate why they have not cohabited for 2 years prior to applying for the visa. However, chances of a positive decision are much higher for those who have not cohabited, now that the rules have been amended.
