The October 2025 Statement of Changes introduced several updates across the UK’s immigration system, including significant amendments to the Graduate route. These changes form part of the Government’s wider review of post-study work options.

Following our earlier article, Staying in the UK: Legal Pathways for International Students, we outline below what is changing and how it may affect those planning to remain in the UK after their studies.

The Current Graduate Route

At present, the Graduate route allows international students who have completed a UK bachelor’s degree, or master’s degree to stay in the UK to work or look for work without employer sponsorship.

This flexibility has made the Graduate route a popular post-study immigration option, particularly for those wishing to gain UK work experience before switching into a sponsored visa category such as the Skilled Worker route.

Changes to the Graduate Route

The Home Office has announced upcoming changes to the Graduate route. The announcement has been made well in advance and will apply to applications submitted on or after 1 January 2027.

Under the new rules, graduates will see their post-study permission to stay in the UK reduced from two years to 18 months. PhD graduates will continue to benefit from a longer post-study period and will remain eligible to stay in the UK for three years after completing their studies.

What This Means for International Graduates

The reduction of the Graduate visa period represents a significant tightening of post-study work rights, and it is likely to influence how international students plan their studies and careers in the UK.

The period before graduates need to consider their immigration status has been shortened, meaning that those who wish to continue living in the UK will need to plan their next steps more swiftly. If they intend to move onto another immigration status, they will need to consider early on what options might be available to them.

If you would like to discuss your post-study visa options, we would be happy to help. Please contact us on 020 7401 6887 or by email at contact@gryklaw.com.

The Statement of Changes to the Immigration Rules published on 7 December 2023 set out a new definition of an ‘unmarried partner’ under Appendix FM. In an atmosphere of increasingly restrictive immigration policies, including most recently the significant increase to the minimum income requirement for partner applications, the new definition appears to be a pragmatic change which will allow partners who have been in a relationship for two years, but not necessarily lived together for two years, to apply as a partner under Appendix FM.

What has changed?

The Immigration Rules previously defined a partner as:

(i) the applicant’s spouse;

(ii) the applicant’s civil partner; or

(iii) 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 [..].

To note, for the purposes of the Immigration Rules Appendix FM, the definition of a ‘partner’ does also include the applicant’s fiancée or proposed civil partner.

Under the previous rules couples could, based on this definition, therefore only apply for an unmarried partnership visa if they could show that they had been living together in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application. In practice this meant having to show a full two-year period of cohabitation with their partner. However, as of 31 January 2024, the definition of partner within the Immigration Rules has now been amended to define a partner as:

(a) spouse;

(b) civil partner; or

(c) unmarried partner, where the couple have been in a relationship similar to marriage or a civil partnership for at least two years,

This new definition removes the requirement to have lived together for at least two years. Instead, it may now be possible for partners who have been in a relationship for at least two years to be able to apply as unmarried partners without having to prove that they have been living together for a period of two years. On a strict reading of the new definition, there is in fact no requirement to have lived together for any period, although as set out below we expect the Home Office may still wish to see at least some periods of cohabitation given that they normally expect married couples or couples in a civil partnership to live together.

Relevant caseworker guidance

The Home Office guidance was subsequently amended on 14 February 2024 and now reflects the new definition of unmarried partner as set out in the Immigration Rules. The guidance states:

“The 2-year period for a relationship between a couple who are not married or in a civil partnership must have been completed prior to the date of application. The 2- year period does not require evidence of cohabitation for the period and will take account of instances where, for example, the couple are currently living apart for work reasons in order to meet the financial requirements of the rules. The essential point is that the relationship has been genuine and subsisting for the duration of the 2-year period and continues to be at the date of application.”

While the change to the definition in the Immigration Rules is welcomed, it is clear the guidance still puts weight on cohabitation evidence to show that a couple is in a genuine and subsisting relationship. The new guidance ranks the strength of supporting documents according to tiers, where tier 1 presents the strongest evidence. Crucially, documents previously used to satisfy the cohabitation requirement, such as tenancy agreements, bills and other documents addressed to the couple at the same address, still make up most of tiers 1 and 2.  Based on the guidance, it appears the Home Office would still likely wish to see that a couple has lived together for at least some periods, although not necessarily for a full two year period or at the date of application. It is also clear that the Home Office would consider cohabitation evidence to be the most persuasive evidence when evidencing a relationship.

Based on the change to the definition of partner within the Immigration Rules, it appears there is no longer a strict requirement to have lived together for at least two years. However, given that the guidance still refers to cohabitation the Home Office will likely still expect to see at least some periods of cohabitation and therefore a couple should provide evidence of this where possible. In the event that a couple has not cohabited for any period, the couple would need to provide a detailed explanation as why this is to the Home Office. They should also be aware that there is a risk the Home Office may seek to argue the couple have not been together in a relationship akin to marriage or civil partnership for at least two years, given that they have never lived together.

Remaining concerns

Given this change is only recent, we still have a limited sense as to how the Home Office is applying this more generous definition in practice, and as set out above it may very well be that the Home Office would still expect to see at least some periods of cohabitation.  Applicants should therefore still be prepared to evidence their relationship to show they have been in a genuine and subsisting relationship akin to marriage or a civil partnership for at least two years, which will often involve showing at least some periods of cohabitation.

If you are considering making an application based on your relationship with a British citizen or someone who is settled in the UK, please contact us if you require advice. You can use our online enquiry form or call us on 020 7401 6887.