Partner visa – Is your relationship genuine and subsisting?
- 23 January 2024
- Immigration
Home Office guidance says that “the key feature of a marriage, civil partnership or durable partnership of convenience is that there is no genuine relationship between the parties.”
Many couples have become frustrated with the requirements for a UK Partner visa as the rules and guidance are difficult to understand. A significant number of applications are refused based on failing to provide adequate documentation to evidence the relationship requirement.
Applicants must provide satisfactory evidence that they are in a genuine and subsisting relationship with their partner. What exactly does this mean?
When determining whether a relationship is genuine and subsisting, the Home Office will consider all evidence provided and the applicant’s individual circumstances, using the following factors to assist in their assessment:
There are certain situations where it may be difficult to prove that a couple are in a genuine and subsisting relationship due to cultural and religious differences or practices. For example, in certain cultures it is unacceptable to live together prior to marriage or due to the marriage being arranged by family members, there was no opportunity to cohabit.
Consequently, there may be no co-habitation or existing relationship to evidence, however this does not necessarily undermine the genuineness of their relationship.
Home Office guidance acknowledges that in ‘many faiths and cultures, marriage marks the start of a commitment to a lifelong partnership and not the affirmation of a pre-existing’ partnership, however it is vitally important to explain the absence of existing co-habitation or relationship to avoid any doubt as to the relationship’s authenticity.
Home Office guidance says that “the key feature of a marriage, civil partnership or durable partnership of convenience is that there is no genuine relationship between the parties.
The guidance is unclear on what documents are suitable to evidence the ‘genuine and subsisting’ requirement, apart from confirming that for married couples or those in a civil partnership, a marriage or civil partnership certificate is mandatory.
Unfortunately, this document alone is not in itself sufficient to satisfactorily establish a ‘genuine and subsisting’ relationship.
There are several documents a couple can provide to evidence their relationship. Examples include, but are not limited to the following:
For more information on relationship requirements and related issues please check out our article on Unmarried Partner Visa UK.
There is no room for error or omission with UK visa applications. The Home Office is under no obligation to request additional evidence or information when considering an application, and normally assess and decide an application with what has been provided.
With costly and non-refundable application fees, it is strongly advised to seek UK immigration advice before applying to enter the UK as a Partner or when applying for an extension of stay in the UK as a Partner.
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Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.