Same-sex partnerships/Unmarried partners

See also Civil Partners/Spouses

Opposite sex couples who are not married are referred to as "unmarried partners", same sex couples who are not in a civil partnership are referred to as "same sex couples". The rules are the same whether an unmarried or same sex partner.

These rules not only apply to people in relationships with British citizens but also to people in relationships with UK permanent residents and to other nationals who have certain types of limited stay in the United Kingdom. There are also very similar provisions for the unmarried and same sex partners of European Economic Area nationals who are living in the United Kingdom - these are dealt with by the European Law concept of "durable relationship".

The immigration rules require that the couple must be living together in a relationship "akin to marriage or civil partnership" which has continued for two years or more. This is interpreted by the Home Office and Embassies abroad to mean two years' cohabitation and strong evidence of this cohabitation will be needed.

There are a number of other requirements to the rules which can be read in full at paragraph 295 AA onwards of the immigration rules.

Applications by unmarried partners and same sex-partners of European Economic Area nationals in "durable relationships" are dealt with under European law as interpreted by the UK's Immigration (EEA) Regulations 2006. While these Regulations interpret European law to require two years' cohabitation to qualify as a "durable relationships", legal arguments can be made to justify applications by individuals who do not meet the cohabitation requirement. We can assist with such applications.

The appropriate place to make the application (in the UK or outside), the form to be used, and the length of stay to be granted, all depend on the particular circumstances of the couple.

Many applications fit clearly within the rules but many people do find it difficult to meet the cohabitation requirement or have a difficult immigration history. If this is the case, we can help. If you are in a committed relationship, no situation is hopeless!