We frequently receive enquiries from clients who state that they have a partner with British Citizenship in the UK who they are not married to and have not lived with for at least 2 years as required under the Appendix FM of the Immigration Rules.
Because of this, a number of clients feel that they should get married to their partner or live with their unmarried partner for at least 2 years before an application for leave to remain under family life in the UK.
With the professional assistance of our immigration team at Lisa’s Law, we recently helped a client to get granted leave to remain under EX.1 of the Appendix FM of the Immigration Rules.
In this article, we explain in detail how we helped a client who lived with their unmarried partner for less than 2 years to get granted leave to remain.
Brief facts of the case
Our client entered the UK with a 6-month visitor visa in August 2014. After the visa expired, the client did not make an application to extend their visa and remained in the UK as an overstayer. The client entered into a relationship with their current partner, a British citizen, in April 2022. They started living together as an unmarried couple in July 2023.
The client’s partner’s children are from previous relationships and were born in the UK. They are also British Citizens. The client, their partner and the client’s partner’s children all live together as a family unit.
Our advice
We advised the client to make an application for leave to remain on the grounds of their relationship with their partner and the partner’s children.
We further advised the client that representations would be made with evidence supporting this, stating that it would be unreasonable to expect the client to leave the UK because they have a genuine and subsisting relationship with their partner’s British children and it would be unreasonable to ask them to leave the UK. Therefore, removal would break their right to family life under Article 8 of the ECHR.
The client and their partner were happy with our advice and instructed us to prepare and submit an application for leave to remain.
Application
In February 2025, we submitted an online application for leave to remain on the client’s behalf.
Legal Submissions
We submitted the following submissions in support of our client’s leave to remain application:
- The relationship is genuine and subsisting.
- They still intend to live together and settle in the UK.
- The client has a good relationship with the partner’s children.
- The client is such a great role model and parent figure to all of the partner’s children.
- The client has built up family life in the UK with their relationship with their partner and the partner’s children who are all British Citizen. Removal would break the client’s right to family life under Article 8 of the ECHR.
- The client’s relationship with their partner can’t continue outside the UK.
- The partner is the sole responsibility of all their children, and the other children’s parent will not allow and give consent for the children to leave the country with the parent.
- Child 1 is attending University in the UK and relies on the parent for financial support for them to continue with their studies.
- It will be unfair for child 1 to drop out of university in the UK and leave the UK with their parent.
- Child 2 is very settled in their school in the UK.
- Child 2 is receiving special needs support from their school and it would be unfair if this support was disrupted if child 2 was forced to leave the UK.
- Child 2 will not receive the same leave of support they are receiving in the UK in the client’s country of origin.
- There will be insurmountable obstacles which would be faced by the client and their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the client and their partner.
Evidence
In terms of evidence, we submitted the following. Please see below:
- Passports
- Birth Certificates.
- Various photographs.
- Signed witness statement of the partner.
- Payslips
- Bank statements.
- Tenancy agreement.
- Utility bills.
- Screenshots of messages.
- Letter from University.
Outcome
Our client was granted leave to remain under EX.1 of the Appendix FM of the Immigration Rules.
The Home Office stated that our client met the requirements of the 10-year partner route under paragraphs R-LTRP.1.1.(a), (b) and (d) of Appendix FM. As it would be unreasonable to expect the client to leave the UK because they have a genuine and subsisting relationship with the partner’s British children and it would be unreasonable to ask them to leave the UK.
Final thoughts
It is possible for someone to be granted leave to remain even if they have lived with their partner as unmarried couple of less than 2 years as required under the Appendix FM of the Immigration Rules. As long as you can satisfy EX 1 of the Appendix FM of the Immigration Rules. In my opinion EX.1 of the Appendix FM of the Immigration Rules is a board definition.
At Lisa’s Law, we will take detailed instructions of your case in particular as to why the relationship can’t continue outside of the UK. We will advise you on the evidence needed which supports your instructions regarding the above. We are here to provide you with professional, one-on-one support throughout your application journey.
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