Requirement for unmarried partners to have been living together for at least two years is being removed
A helpful new article by Katie Newbury, Conor Thompson and Tim Richards of Kingsley Napley solicitors draws attention to what could be a significant change this week in the definition of "partner" in Appendix FM of the Immigration Rules.
Image credit: UK GovernmentKingsley Napley said that very close review of December's Statement of Changes in the Immigration Rules (HC 246) finds the change, which applies to unmarried partners and will take effect on Wednesday, 31 January 2024.
The requirement for those who are not spouses or civil partners to have been living together for at least two years is being removed.
In the Immigration Rules: introduction, the definition of "partner" currently states:
"(a) spouse; or
(b) civil partner; or
(c) unmarried partner, where the couple have been living together in a relationship similar to marriage or a civil partnership for at least two years."
From 31 January 2024, it will change to:
"(a) spouse; or
(b) civil partner; or
(c) unmarried partner, where the couple have been in a relationship similar to marriage or civil partnership for at least 2 years."
HC 246 also removes most of the definition of "partner" in Immigration Rules Appendix FM: family members. Paragraph GEN.1.2 of Appendix FM currently says:
"GEN.1.2. For the purposes of this Appendix "partner" means-
(i) the applicant's spouse;
(ii) the applicant's civil partner;
(iii) the applicant's fiancé(e) or proposed civil partner; or
(iv) a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application, unless a different meaning of partner applies elsewhere in this Appendix."
From 31 January 2024, GEN.1.2 changes to:
"GEN.1.2. For the purposes of this Appendix "partner" includes the applicant's fiancé(e) or proposed civil partner (unless a different meaning of partner applies elsewhere in this Appendix)."
According to Kingsley Napley, the changes appear to be part of a move by the Home Office to simplify the definition of a partner across visa routes. It brings Appendix FM in line with the definition in Appendix Relationship with Partner, which states: "Where the applicant and their partner are not married or in a civil partnership, they must have been in a relationship similar to a marriage or civil partnership for at least 2 years before the date of application."
Kingsley Napley adds that the change looks to be a positive one for many families and couples, but it is yet to be seen how the change will be implemented and interpreted in practice. New Home Office caseworker guidance — expected to be published on 31 January — should make things clearer.
"It remains to be seen if this update to the rules is simply a clearer reflection of the longstanding practice or whether this will open the door to recognising relationships where the couple's living arrangements have been less clear cut. In any event, this interpretive change, while small, does seem like a welcome step forward and we look forward to seeing how this will work in practice," Kingsley Napley concluded.