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At Richmond Chambers, we understand how challenging long-distance relationships can be, particularly when faced with the complexities of UK immigration rules. Recently, Stefania Patuto, Immigration Barrister at Richmond Chambers, successfully assisted a British citizen and her American partner in securing an Unmarried Partner Visa, despite their lack of cohabitation—a common evidential hurdle in such applications.
The Case
Our clients, a British Sponsor and her US partner (the Applicant), had been in a committed relationship for over two years. However, the entirety of their relationship had been long-distance, relying on frequent visits to maintain their bond. The Applicant had previously attempted to secure employment in the UK to apply under the Skilled Worker route but was unsuccessful. With the Sponsor unable to relocate to the US, the couple's only option was for the Applicant to move to the UK on an unmarried partner visa.
Recognising the emotional toll of further separation, they sought to live together as soon as possible and instructed Richmond Chambers to assist with an unmarried partner visa application under Appendix FM of the Immigration Rules.
Key Challenges in Unmarried Partner Visa Applications for Long-Distance Relationships
While the Immigration Rules for unmarried partners no longer require cohabitation, official guidance places significant emphasis on cohabitation as the most reliable evidence of a genuine and subsisting relationship akin to marriage.
In this case, the couple had no history of living together and could not provide the typical cohabitation evidence—such as joint tenancy agreements or shared utility bills—generally afforded the most weight in these applications.
Our Approach to Securing an Unmarried Partner Visa
We crafted a tailored application strategy that focused on the requirements of the Immigration Rules while addressing the practical challenges posed by the guidance.
- Highlighting Key Rules: We emphasised that cohabitation is not a mandatory requirement under the Immigration Rules for an unmarried partner visa. Instead, the focus should be on demonstrating that the relationship is genuine, subsisting, and akin to marriage.
- Presenting Extensive Evidence: We gathered comprehensive evidence to show the strength and longevity of the couple's relationship. This included documentation of frequent visits, shared travel experiences, and personal correspondence, all of which painted a detailed picture of their commitment to one another.
The Outcome: Unmarried Partner Visa Granted
Within just two weeks of submission, the unmarried partner visa application was granted. The Applicant has now joined their partner in the UK, and the couple are able to begin the next chapter of their lives together without further separation.
Reflections
Stefania Patuto, Immigration Barrister, who represented the applicant noted:
"This case demonstrates the importance of understanding the nuances of immigration rules and guidance. While cohabitation remains a key consideration in such applications, this success illustrates that couples who have not cohabited can still achieve a favourable outcome by presenting strong, alternative evidence of their relationship."
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
