Who Is A ‘Partner' In Appendix FM?

Appendix FM to the Immigration Rules allows British Citizens and settled persons to bring their ‘partner’ to join them in the UK. A ‘partner’ is defined as the applicant’s spouse, civil partner, fiancé(e), proposed civil partner or a person that has been in a relationship with their partner which is similar to marriage or a civil partnership for at least two years prior to the date of application. 

1. Validity of a Marriage for a UK Spouse Visa

A marriage in the UK must be evidenced by a valid marriage certificate recognised under the laws of England and Wales, Scotland or Northern Ireland. 

An equivalent official marriage certificate should be provided for a marriage conducted outside the UK. A foreign marriage will be recognised by the UK as long as the marriage ceremony is recognised as a valid form of marriage by the law of the country in which it takes place and it has been properly registered. 

This can include religious marriages, and in some circumstances, proxy marriages, provided the legal requirements for recognition are met. The parties to the marriage must have capacity to marry, and any previous marriage of either party must first have been validly terminated. Evidence of the divorce must be provided. 

A British or settled person that is in a polygamous marriage is only permitted to sponsor one person to live in the UK as their partner under Appendix FM. 

Find out more about the requirements for a UK Spouse visa.

2. Validity of a Civil Partnership for a UK Civil Partner Visa

A civil partnership in the UK must be evidenced by a civil partnership certificate. This was initially a form of civil union akin to civil marriage, but solely for same-sex couples. Now, same-sex couples are permitted to marry in England and Wales and civil partnerships are open to opposite-sex couples. 

Other countries may have different forms of legal relationship that may be entered into between two people. An overseas relationship listed in the Civil Partnership Act 2004 will be treated as a civil partnership. 

Any civil partnership of either party must have been validly dissolved and evidence must be provided of this. 

Read more about the Civil Partner visa.

3. Requirements for a UK Fiancé(e) or Proposed Civil Partner Visa

You must demonstrate that you are entering the UK with the intention to marry or enter into a civil partnership within six months of entry into the UK. Neither party can be married or in a civil partnership with another person at the date of application.

Evidence of genuine plans to marry or form a civil partnership should be provided. This may include venue bookings, correspondence with registrars, or other arrangements that show a clear intention to formalise the relationship.

The fiance(e) category does not give immediate settlement rights. You will need to marry or enter into a civil partnership in the UK and then switch to a spouse/civil partner visa from inside the UK.

More information about the UK Fiancé(e) visa category.

4. Recognition of Unmarried Partners for UK Immigration

You may qualify as an ‘unmarried partner’ if you have been in a relationship similar to marriage or civil partnership, for at least two years prior to the date of application. 

The 2-year period should be completed prior to the date of application. 

On 31 January 2024, the Immigration Rules were changed by removing the strict, mandatory 2-year cohabitation requirement for unmarried partners. The definition was updated and now states unmarried partners must have been in a relationship similar to marriage or a civil partnership for at least 2 years.

However, evidence of cohabitation can still be strong evidence of being in a relationship similar to marriage or a civil partnership, but living together is not legally mandatory. If you have lived together, it is advisable to provide evidence that you have both lived at the same address for any of the two year period, for example, joint tenancy agreements and official correspondence. Other evidence that demonstrates you have been living together may also be provided. 

A person who has not yet legally divorced or dissolved their civil partnership may qualify as an unmarried partner if they can show that their current relationship is genuine and the previous relationship has broken down permanently and they are no longer living together as a couple. You can read more about the requirements for an Unmarried Partner visa.

5. Proving a Genuine Relationship Under Appendix FM

For all partner routes under Appendix FM, the applicant must demonstrate that they are in a genuine and subsisting relationship. A couple in a ‘sham’ marriage or relationship cannot rely on Appendix FM.

There are a number of other requirements that must be met in order to qualify for a partner visa including financial, accommodation and English language requirements. 

6. Contact Our Immigration Barristers

To discuss your visa application as a spouse, civil partner, fiancé(e), proposed civil partner, or unmarried partner with one of our immigration barristers, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.

7. Frequently Asked Questions

Who qualifies as a partner under Appendix FM?

A partner can be a spouse, civil partner, fiancé(e), proposed civil partner, or an unmarried partner in a relationship similar to marriage or civil partnership for at least two years.

What evidence is needed for a UK Spouse visa?

A UK Spouse visa valid marriage certificate from the UK or an equivalent foreign certificate recognised by the law of the country where the marriage took place. Evidence of any previous divorce is required.

What counts as a civil partnership for UK immigration?

A UK civil partnership must be evidenced by a civil partnership certificate. Overseas relationships listed in the Civil Partnership Act 2004 are also recognised. Any previous civil partnership of either party must have been legally dissolved, with evidence provided.

What is required for a UK fiancé(e) or proposed civil partner visa?

Applicants must enter the UK intending to marry or form a civil partnership within six months. Evidence of genuine plans, such as venue bookings or correspondence with registrars, should be provided. The fiancé(e) category does not grant immediate settlement rights, so applicants must switch to a spouse or civil partner visa after marriage.

Can unmarried partners apply for a UK partner visa?

Yes, to qualify, an unmarried partner must have been in a relationship similar to marriage or a civil partnership for at least two years. Cohabitation is strong supporting evidence but is not legally required. Previous relationships must have permanently broken down, and the applicants must not be living with a former spouse or civil partner as a couple.

What does ‘genuine and subsisting relationship’ mean?

All partner visa applicants must demonstrate that their relationship is genuine and subsisting. Sham marriages or relationships cannot qualify. Additional requirements include meeting the financial, accommodation, and English language criteria set out in Appendix FM.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.