27 Mar Appendix FM Partner Rules
Appendix FM Partner Rules
2025 Guidance and Key Considerations for LGBT Applicants
By Arona St James Solicitors
March 2025
The UK’s Appendix FM Partner Rules govern immigration applications for partners of British citizens and settled persons. The 2025 caseworker guidance introduces greater flexibility in proving relationships, especially for couples unable to cohabit. However, LGBT applicants still face unique challenges due to cultural, legal, and evidentiary barriers.
This guide explains how the latest rules apply, the difficulties LGBT couples may encounter, and strategies to strengthen partner visa applications.
Understanding Appendix FM Partner Rules in 2025
To qualify for a partner visa under Appendix FM, applicants must prove a genuine and subsisting relationship using one of the following criteria:
Marriage or Civil Partnership
1. Couples in a legally recognized marriage or civil partnership (in the UK or abroad) must provide official documentation.
2. They must also meet financial and suitability requirements.
Cohabitation for Two Years
3. Couples who have lived together for at least two years can submit evidence such as:
- Joint tenancy agreements
- Shared utility bills
- Financial records
Non-Cohabiting Relationships of Two Years
4. Couples who cannot cohabit due to cultural, legal, or work-related reasons must provide alternative proof of an ongoing and committed relationship.
5. Acceptable evidence may include:
- Regular communication (e.g., phone records, emails, social media interactions)
- Financial support between partners○ Visits or time spent together
The 2025 caseworker guidance provides additional flexibility in assessing non-cohabiting relationships, but significant challenges remain—particularly for LGBT applicants.
How 2025 Caseworker Guidance Affects LGBT Partner Applications
Evidential Requirements
- Caseworkers strictly assess relationship evidence under Appendix FM-SE.
- Missing key documents can lead to refusals, though minor omissions may be corrected under evidential flexibility provisions.
Evidential Flexibility
- If an applicant provides incomplete evidence, caseworkers may request additional documents rather than refusing the application outright.
- However, complete lack of required proof (e.g., no communication records) will likely lead to refusal.
Genuineness Assessments
- Under GEN.1.5, caseworkers can question authenticity if they have reasonable doubts.
- Non-cohabiting couples (especially LGBT applicants) may struggle with subjective scrutiny, as caseworkers rely on alternative evidence such as:
■ Travel history
■ Witness statements
■ Personal correspondence
Exceptional Circumstances Clause
- If an applicant fails standard requirements, caseworkers must consider “exceptional circumstances” under GEN.3.1–GEN.3.3.
- Examples of exceptional circumstances:
■ The applicant and their partner were forced apart due to persecution in their home country.
■ Legal restrictions on same-sex relationships made cohabitation impossible.
Challenges for LGBT Couples Under Appendix FM
Cultural and Legal Barriers
- Many countries criminalize same-sex relationships or refuse to recognize them legally.
- LGBT applicants may struggle to provide joint financial records or tenancy agreements due to discrimination.
Proving “Ongoing Commitment”
- LGBT couples may avoid leaving digital communication trails for safety reasons in homophobic societies.
- Fear of persecution prevents public acknowledgment of relationships, making traditional evidence harder to obtain.
Discretionary Decision-Making
- Caseworkers assess whether a relationship is “similar to marriage or civil partnership.”
- Lack of LGBT-specific training may result in inconsistent decisions for non-traditional relationships.
The Two-Year Relationship Rule
- Strict requirements disadvantage LGBT couples who have had to keep their relationships informal due to legal or social pressures.
Financial Thresholds
- Applicants must meet the £18,600 minimum income requirement.
- LGBT sponsors may face additional economic disadvantages due to workplace discrimination.
Opportunities for LGBT Couples Under the 2025 Rules
Recognition Beyond Cohabitation
● The new caseworker guidance recognizes that couples may be unable to live together due to cultural or legal barriers.
Flexibility in Relationship Evidence
● LGBT applicants can submit alternative proof of commitment, including:
- Communication records (e.g., emails, WhatsApp messages)
- Travel records showing visits to each other
- Statements from friends or family
Use of the Exceptional Circumstances Clause
● Applicants can argue for exceptions under GEN.3.1 if they face persecution, discrimination, or legal restrictions in their home country.
How LGBT Couples Can Strengthen Their Partner Visa Applications
Gather Comprehensive Evidence
1. Provide diverse documentation to prove your relationship:
- Screenshots of messages and calls
- Flight itineraries and hotel bookings from visits
- Affidavits from close friends or family
Explain Cultural and Legal Barriers
2. Clearly document any laws or cultural norms preventing cohabitation.
3. Use news articles, human rights reports, or official documents as supporting evidence.
Seek Expert Legal Advice
4. Immigration lawyers specializing in LGBT visa cases can:
- Help present strong evidence
- Identify exceptional circumstances
- Challenge unfair refusals
Stay Informed on Policy Updates
5. The Home Office frequently updates immigration policies.
6. Regularly check for changes that could affect Appendix FM partner visa applications.
The 2025 updates to Appendix FM provide greater flexibility for partner visa applications, but LGBT couples still face significant challenges due to cultural, legal, and evidentiary barriers.
By compiling strong evidence, understanding caseworker discretion, and seeking expert legal advice, LGBT applicants can increase their chances of success.
Need help with your UK partner visa application?
At Arona St James Solicitors, we specialize in LGBT immigration cases and can help you navigate the complex partner visa process.
If you need help, we are happy to assist and support you through this process.
Please get in touch with us on 0208 175 5000 or email hello@aronastjames.co.uk


