Unmarried Partners Rule
OUTLINE OF THE UNMARRIED PARTNERS RULE
What do they mean by a relationship ‘akin to marriage’?
They mean that the relationship must be similar in its nature to a marriage. This means a high level of commitment to the relationship to the exclusion of other similar relationships. It means an intention to live together, to build a home together and grow old together. It is intended to exclude relationships, which are not committed.
What is meant by the phrase "have been living together in a relationship, which has subsisted for two years or more"?
In order to meet this requirement, the Home Office (or entry clearance officers at British Diplomatic Posts) will expect the couple to show evidence of cohabitation for the two-year period preceding the date of application. Short breaks apart would be acceptable for good reasons, such as work commitments, or looking after a relative which takes one partner away for a period of up to six months where it was not possible for the other partner to accompany.
The most straightforward application will be one in which there is evidence of 2 years cohabitation. Where a relationship has subsisted for 2 years but you have not cohabited throughout (e.g. some time spent apart due to living in different countries) then your application will be scrutinised carefully but you could still succeed. There is legal precedent (Ref. IM/09696/2004) for the argument that the Immigration Rules require a 2 year relationship akin to marriage but not 2 years of continual co-habitation. If you are in such a situation, it is suggested you seek legal advice to ascertain the chances of success.
If you have been separated during the two-year period it is necessary to show that the relationship has continued throughout that period by visits, letters/emails written and phone calls made. It is likely that a relationship based on occasional short visits followed by long periods of separation will not succeed.
http://www.uklgig.org.uk/uprule.htm
