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Unmarried partner visa: the 2-year rule

An unmarried partner can apply under Appendix FM if the couple have been in a relationship similar to marriage for at least 2 years before the application date. Home Office guidance says the 2 years do not need to have been spent living together, but the financial, English and other partner requirements still apply.

The UK has no "common law marriage". GOV.UK says so directly: those marriages "do not exist in England and Wales, even if you've lived together for a long time or have children". What the immigration rules have instead is a definition of "partner" that includes an unmarried partner, with a two-year test.

That test produces more questions than any other part of the partner route. Does it mean two years of living together? What if one person has been abroad? What counts as evidence, and what happens to a couple who have been together for 18 months? This guide sets out what Appendix FM, the Home Office caseworker guidance and GOV.UK say, the evidence GOV.UK lists, the requirements that are the same as for a married couple, and how the route differs afterwards. All sources were read on 9 October 2026. It explains the rules and does not say whether a particular couple qualifies.

The definition in Appendix FM

Paragraph GEN.1.2 of Appendix FM defines "partner" for the whole appendix. It means the applicant's:

(i) spouse; or (ii) civil partner; or (iii) fiancé(e) or proposed civil partner; or (iv) "unmarried partner, where the couple have been in a relationship similar to marriage or civil partnership for at least 2 years before the date of application."

Both people must also be 18 or over, must not be within the prohibited degree of relationship, and must have met in person. The relationship must be "genuine and subsisting", and the couple must intend to live together permanently in the UK (E-ECP.2.1 to 2.10 for entry clearance; E-LTRP.1.2 to 1.10 for applicants already in the UK). The partner in the UK must be a British citizen, settled in the UK, have protection status, or hold one of the other statuses listed in those paragraphs.

GOV.UK describes the same thing in plain terms. To apply as a partner you must prove one of four things, and two of them concern unmarried couples: that "you've been living together in a relationship for at least 2 years when you apply", or that "you've been in a relationship for at least 2 years when you apply but you cannot live together, for example because you're working or studying in different places, or it's not accepted in your culture".

Do the two years have to be spent living together?

GOV.UK's wording is "living together" for the first option and "cannot live together" for the second. The Home Office caseworker guidance on Appendix FM (family life, updated 6 August 2026) is the most detailed statement of how the test is applied, and it says:

"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."

Four points come out of that text:

  1. The period is fixed at the application date. Two years must be complete before the date the application is made, not before the decision and not by the time of arrival.
  2. Continuous cohabitation is not a condition. The test is a genuine and subsisting relationship for the whole period that is still going on at application.
  3. Living apart for work is expressly contemplated, including to meet the financial requirement, for example where one partner works abroad to earn.
  4. The wording is qualitative. The Rules say "similar to marriage or civil partnership", which describes the nature of the relationship and not only its length.

The same guidance says that evidence in these applications is not all "specified" under Appendix FM-SE: it notes that an unmarried couple having been in a relationship similar to marriage for at least 2 years is among the matters where specified evidence is not set out because of the variety of what may be provided.

What if the couple have been together for less than two years?

The guidance is direct: "Where the definition of partner is not met because a couple who are in a genuine and subsisting relationship have been together for less than 2 years, the requirements of Appendix FM cannot be satisfied other than on the basis of exceptional circumstances."

The exceptional-circumstances provision is GEN.3.2. It applies where an application does not otherwise meet the requirements and the decision-maker must consider whether refusal "would result in unjustifiably harsh consequences for the applicant, their partner, a relevant child or another family member" amounting to a breach of Article 8 of the European Convention on Human Rights. If it applies, the grant is made under D-ECP.1.2 or D-LTRP.1.2, which puts the person on the 10-year route to settlement rather than the 5-year one (120 months of leave in the grant paragraphs, against 60). The Rules do not list what counts as exceptional, and the guidance treats each case on its facts.

Three other routes sit alongside this in the Rules and are described on GOV.UK: marriage or civil partnership recognised in the UK, the fiancé(e) route for a couple who will marry in the UK within six months of arriving, and the second unmarried-partner limb described above. Our fiancé visa guide covers the fiancé(e) route.

A previous marriage that has not ended

One situation catches couples who are in a long relationship but where one person is still legally married to someone else. E-ECP.2.9(i) and E-LTRP.1.9 require that any previous relationship of the applicant or their partner "must have broken down permanently", unless it falls within paragraph 278(i) of the Rules. The caseworker guidance applies this to unmarried partners: where a marriage or civil partnership "has not been legally dissolved, the applicant may still be able to qualify under Appendix FM as an unmarried partner or same sex partner, provided that they meet the criteria set out in paragraph GEN.1.2. and they provide evidence that the new relationship is genuine and subsisting and that the previous relationship has broken down permanently."

Where a previous marriage has ended, FM-SE paragraphs 23, 25 and 26 say how to evidence it: a decree absolute or final order of divorce in England and Wales, a decree of divorce in Scotland, a final order dissolving a civil partnership, and for events outside the UK "a reasonable equivalent ... valid under the law in force in the relevant country". GOV.UK also asks the applicant for details of anyone they or their partner were previously married to or had children with.

The evidence GOV.UK lists

GOV.UK's "how to prove your relationship" section sets the form of the evidence. It should come from "the government, a bank, landlord, utility provider, or a medical professional", should confirm the relationship, for example that you live together, share expenses or are married, and be "less than 4 years old". Examples named include:

  • a tenancy agreement, utility bills or Council Tax bills confirming you live at the same address or pay bills together;
  • a bank statement from a joint account, or confirming you live at the same address;
  • a letter from a doctor or dentist confirming you live at the same address.

If none of those exist, other evidence is allowed: "a one-off bill like vet's fees or home repair costs", letters confirming you are on the voting register for the same address, or student finance paperwork confirming you live at the same address.

For couples who do not live together, GOV.UK says to show "an ongoing commitment to each other" by evidence that you communicate regularly, support each other financially, care for any children you have together, and spend time together as a couple, "for example on holiday or at events".

The online form also asks for narrative information: how you met and how often you see each other, how long you have lived together (with proof such as council tax bills), things you pay for together, and whether you are your partner's carer.

The requirements that are the same as for a married couple

Being unmarried changes the relationship test, not the other requirements.

Money. E-ECP.3.1 applies: a specified gross annual income of at least £29,000, or savings of £16,000 plus 2.5 times the difference between income and £29,000, or the benefits route in E-ECP.3.3. For applications from inside the UK the equivalent is E-LTRP.3.1. Evidence is under FM-SE. Our guides to the £29,000 requirement and to savings explain the details.

English. The applicant needs evidence of English at CEFR level A1 in speaking and listening, or a qualifying degree or listed nationality, or an exemption. FM-SE paragraph 32A names unmarried partners explicitly among the applicants to whom the English evidence provisions apply.

Accommodation. E-ECP.3.4 requires adequate accommodation without recourse to public funds that is not overcrowded and does not contravene public health regulations.

TB test, where relevant. An applicant from outside the UK who has lived in a listed country for 6 months or more needs the certificate, as for any partner visa applied for from abroad.

Fees and time. GOV.UK's family visa page gives £2,064 outside the UK and £1,407 inside, plus the Immigration Health Surcharge. Entry clearance is usually decided within 12 weeks; applications inside the UK that meet the financial and English requirements within 8 weeks, and otherwise "about 12 months".

The grant. D-ECP.1.1 grants up to 33 months, with a condition of no recourse to public funds and eligibility to settle after 60 months of continuous partner leave.

After the visa: what is checked at the extension

E-LTRP.1.10 is a rule that matters more for unmarried couples than for married ones in practice. At any further application for leave to remain as a partner, and at settlement, the applicant "must provide evidence that, since entry clearance as a partner was granted ... or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so."

So the two-year definition is a test at the start, and cohabitation since the grant is a test at the extension. The caseworker guidance gives examples of good reasons for time apart, such as time overseas for work, holidays, training or study, and says that if the couple have spent the majority of a period overseas "there may be reason to doubt that the couple intend to live together permanently in the UK".

GOV.UK adds one practical rule: if you are in the UK as an unmarried partner and become engaged, "do not apply to extend your visa as a fiancé, fiancée or proposed civil partner. Apply to extend with the same visa status you have now." If the couple marry, the marriage is evidenced under FM-SE paragraph 22 with a valid certificate. Settlement as a partner is available after 5 years of continuous partner leave on the 5-year route.

Worked examples (illustrative)

Example 1: apart for work. A couple have been together for 30 months. For the last 14, one of them has worked overseas and they have met every few months. Under the caseworker guidance, the two-year period "does not require evidence of cohabitation", and living apart for work reasons is taken into account. The question the guidance poses is whether the relationship has been genuine and subsisting for the whole period and still is. The GOV.UK evidence list for couples who do not live together (regular contact, financial support, time together) is the kind of material that speaks to it.

Example 2: eighteen months. A couple have lived together for 18 months. The definition in GEN.1.2(iv) is not met at the application date, and the guidance says the Appendix FM requirements cannot then be satisfied other than on the basis of exceptional circumstances. GOV.UK lists the other ways a couple can show they are partners, including marriage or civil partnership and the fiancé(e) route; the Rules do not choose between them for the couple.

Example 3: a pending divorce. One partner is still legally married but separated from their spouse for several years. The guidance says an unmarried-partner application is possible if the GEN.1.2 criteria are met and the applicant evidences that the new relationship is genuine and subsisting and the old one has broken down permanently.

Finding a regulated adviser

Because the two-year test depends on judgement about evidence, and because the consequences differ between the 5-year and 10-year routes, some couples ask a regulated adviser to look at their evidence before applying. GOV.UK explains how to find an immigration adviser, and only IAA-registered advisers, solicitors and barristers may give immigration advice in England and Wales.

The Migratio directory lists IAA-registered advisers (with their level) and SRA-regulated solicitors, each with their regulator and registration number. Migratio is not regulated by the IAA or the SRA and does not give immigration advice. This page explains how the rules work; it does not tell you what to do in your case.

Questions people ask

Can I get a UK visa as an unmarried partner?

Appendix FM GEN.1.2(iv) includes an unmarried partner where the couple have been in a relationship similar to marriage or civil partnership for at least 2 years before the application date. All the other partner requirements, including the £29,000 financial requirement and English, still apply.

Do unmarried partners have to live together for 2 years for a UK visa?

GOV.UK lists living together for 2 years as one way to qualify, and a second way where you cannot live together for reasons such as work, study or culture. Home Office guidance says the 2-year period does not require evidence of cohabitation for the whole period.

What if we have been together for less than 2 years?

Home Office guidance says that the Appendix FM requirements cannot be satisfied other than on the basis of exceptional circumstances (GEN.3.2). A grant on that basis puts the person on the 10-year route to settlement.

What evidence do unmarried couples need for a UK partner visa?

GOV.UK says evidence should come from the government, a bank, landlord, utility provider or medical professional, confirm the relationship and be less than 4 years old, such as tenancy agreements, bills and joint bank statements. Couples who live apart show an ongoing commitment through contact, financial support and time together.

Is there such a thing as a common law marriage in the UK?

No. GOV.UK says common law marriages do not exist in England and Wales, even if you have lived together for a long time or have children. Unmarried couples can qualify under the partner definition in Appendix FM instead.

Sources

Last checked 2026-10-09.

Related guides

  • UK spouse visa cost in 2026: the application fee, the health surcharge and what else you pay — A partner or spouse visa costs £2,064 if you apply from outside the UK and £1,407 if you apply from inside it, plus the immigration health surcharge (£3,105 for the first 2 years 9 months from outside the UK, £2,587.50 for an extension). Settlement (ILR) is a separate £3,226. These are the 8 October 2026 fees and are per person.
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