What is a genuine and subsisting relationship?
To apply for a Partner Visa, you must show that your relationship is ‘genuine and subsisting’, i.e. it is real and not just a matter of formality.
Elliott Dipper
What is a genuine and subsisting relationship?
A key requirement of the UK Partner Visa is being able to show that your relationship is ‘genuine and subsisting’. In short, a genuine and subsisting relationship means that your relationship is real and not just a matter of formality. There is a range of evidence which can be used to prove that your relationship is genuine and subsisting, however, the specific evidence required will be dependent on your circumstance.
What does a ‘genuine’ relationship mean?
A genuine relationship means that the relationship is real, i.e. it is not a sham, nor is it a relationship of convenience.
What does a ‘subsisting’ relationship mean?
In the terms of the UK Partner Visa, a subsisting relationship is used to refer to a relationship that is currently active, valid and functioning as a genuine relationship and it is not just a matter of formality (i.e. doesn’t just exist due to the presence of a marriage certificate).
How do you prove a genuine and subsisting relationship?
To prove that your relationship is genuine and subsisting you will be required to provide evidence which demonstrates this. Below is a list of relationship scenarios and the types of evidence which can be used to prove this:
Scenario |
Evidence which can be provided |
You are in a marriage or civil partnership |
|
You are co-habiting with your partner These documents should show both names, or they should link the applicant to the partner. |
|
Shared financial responsibilities |
|
Other evidence to show that your relationship is genuine and subsisting when apart |
|
What happens if I cannot provide the evidence to prove that my relationship is genuine and subsisting?
There may be cases where you will not have the generally accepted sufficient documentary evidence to satisfy the Home Office that a relationship is genuine and subsisting. The Home Office current guidance recognises that if you cannot provide any documentary evidence to show a genuine and subsisting relationship it must be considered if there is a plausible explanation provided as to why there is a lack of evidence.
In instances where clear and genuine reasons are provided as to why there is a lack of evidence to demonstrate your genuine and subsisting relationship, the Home Office may be able to determine that you have met the relationship requirement. However, in cases where the Home Office is not satisfied by the evidence or explanation provided in relation to the absence of documents then they may consider whether an interview is appropriate before making a decision.
How can Paragon Law help?
When applying for entry clearance as a partner, the Home Office will carefully review the documents you provide to ensure that your relationship is genuine and subsisting. This is where our immigration lawyers can provide invaluable assistance and ensure that the strongest application is submitted to maximise the chances of your success.
If you are looking to apply for a Partner Visa, or have a question about whether your relationship meets the eligibility criteria, then get in touch to speak to an expert immigration lawyer.