UK Unmarried Partner Visa: Does Cohabitation Still Matter for Swiss Applicants?

For residents of Switzerland in a committed relationship with a British citizen or settled person in the UK, the Unmarried Partner Visa provides a potential route to join their partner. However, many applicants are uncertain whether they must have lived with their partner for at least two years before applying.

Changes to the Immigration Rules in 2024 have altered the legal requirements, but cohabitation remains a significant factor in Home Office decision-making. Understanding the role of living together in an application is crucial, especially for Swiss nationals whose professional obligations, cultural traditions, or immigration status may have prevented them from cohabiting with their UK-based partner.

This article explores the importance of cohabitation in a UK Unmarried Partner Visa application, examines the legal framework, and offers guidance for Swiss residents who may not have lived with their partner but still wish to demonstrate a durable relationship.

Is Cohabitation Still an Unwritten Requirement for a UK Unmarried Partner Visa?

Before 31 January 2024, the UK Immigration Rules required unmarried partners to have lived together for at least two years in a relationship akin to marriage or a civil partnership. The revised Appendix FM now states that applicants must have been "in a relationship similar to marriage or civil partnership for at least two years" but does not explicitly require cohabitation.

Despite this change in wording, Home Office guidance continues to assert that "the couple must usually have lived together as a couple (not just as friends) and shown an ongoing commitment to one another." This suggests that while cohabitation is no longer an absolute requirement, it remains an important indicator of a durable relationship.

For Swiss nationals who have not lived with their UK-based partner, this means that additional evidence will be required to prove the relationship’s authenticity and longevity. Applicants must provide a clear explanation of why they have not cohabited and submit supporting documents to confirm their relationship is equivalent to marriage or civil partnership.

Immigration Barriers: When Visa Status Prevents Living Together

One common reason for living apart is immigration status. Many Swiss nationals in a relationship with a British or settled partner may not have had the legal right to reside in the UK long-term before applying for the Unmarried Partner Visa. In cases where immigration rules have prevented cohabitation, applicants should provide evidence of past visits, travel records, and correspondence to demonstrate their ongoing commitment despite geographical separation.

Swiss citizens who have visited the UK frequently or who have hosted their partner in Switzerland can submit travel tickets, hotel bookings, and joint photographs as supporting evidence. The Home Office will expect a detailed account of how the couple has maintained their relationship despite immigration restrictions.

Professional Commitments: How Work and Study Can Prevent Cohabitation

Switzerland has a highly skilled workforce, and many professionals and students in Switzerland are bound by career or study obligations that prevent them from relocating before securing a visa. For instance, a Swiss national may work in Geneva while their UK-based partner resides in London, or one partner may be completing a degree in Switzerland while the other is employed in the UK.

The Home Office recognises that work and study commitments may prevent cohabitation. Applicants should provide documentation such as employment contracts, proof of enrolment in an academic institution, and employer letters confirming work obligations and location. Demonstrating consistent communication, visits, and financial interdependence will help strengthen an application.

Cultural and Religious Factors: When Traditions Influence Cohabitation

In some cultural or religious communities in Switzerland, cohabitation before marriage is discouraged or not socially acceptable. Applicants from backgrounds where living together before marriage is not the norm should explain these considerations in their application. Witness statements from family members or community leaders can provide context, and references to cultural traditions in official sources may further support the case.

The Home Office’s own guidance acknowledges that cultural factors may affect a couple’s ability to live together and advises caseworkers to exercise cultural awareness. Presenting a strong case with supporting evidence can help overcome concerns about cohabitation.

Challenges for LGBTQIA+ Couples: Legal and Social Barriers

While Switzerland has progressive LGBTQIA+ rights, including same-sex marriage, this is not the case worldwide. If an LGBTQIA+ couple has lived apart due to legal or social barriers in another country where they previously resided, this should be clearly explained in the application. The Home Office may refer to Country Policy and Information Notes to verify claims regarding the treatment of LGBTQIA+ individuals.

Supporting evidence, such as witness statements, media reports, or NGO documentation, can help establish why a couple was unable to live together due to external factors.

How to Demonstrate a Durable Relationship Without Cohabitation

If cohabitation is not possible due to the factors outlined above, it is essential to provide alternative forms of evidence to prove the relationship is genuine and akin to marriage or civil partnership. Swiss applicants can consider submitting:

• Travel records showing visits to each other’s countries.

• Correspondence such as emails, messages, and call logs demonstrating ongoing communication.

• Joint financial commitments such as shared bank accounts, financial support, or joint property ownership.

• Statements from friends and family confirming the couple’s relationship.

• Future plans, including any arrangements for marriage, joint living arrangements, or financial commitments in the UK.

The key is to present a comprehensive case that shows the couple has been in a committed, long-term relationship despite not living together.

Conclusion: Successfully Applying for a UK Unmarried Partner Visa from Switzerland

For Swiss nationals applying for a UK Unmarried Partner Visa, cohabitation remains an important consideration, but it is no longer an absolute legal requirement. The Home Office still expects couples to have lived together in most cases, but where this has not been possible, applicants must provide a compelling explanation supported by strong evidence.

With careful preparation and the right supporting documents, Swiss applicants can successfully demonstrate their relationship meets the requirements of the Unmarried Partner Visa, even if they have not shared a residence. Seeking professional legal advice can help ensure the strongest possible application.

Contact Richmond Chambers Switzerland for Expert Immigration Advice

If you are a Swiss resident considering applying for a UK Unmarried Partner Visa, our team of specialist immigration lawyers can provide expert guidance tailored to your circumstances. Contact us today on +41 21 588 07 70 or by email to info@richmondchambers.ch to discuss your case and receive professional support throughout your UK visa application process.