Question to the Home Office:
To ask the Secretary of State for the Home Department, what definition of “partner” will be used by her Department for the purposes of new section 117AA of the Nationality, Immigration and Asylum Act 2002 as inserted by clause 18 of the Immigration and Asylum Bill; and whether a minimum period of cohabitation will be required.
Whether a partner relationship constitutes family life under new section 117AA will depend on the facts of the individual case. Cohabitation is an important indicator, but it is not an absolute requirement under Clause 18 of the Immigration and Asylum Bill. This preserves the ability to recognise genuine relationships where a couple cannot live together or has legitimate reasons for living apart.
Further details on requirements will be set out in the Immigration Rules in due course.