What is a genuine and subsisting relationship?

Written by Elliott Dipper | May 31, 2023 9:31:11 AM

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	Marriage certificate. Certificate of civil partnership.
You are co-habiting with your partner These documents should show both names, or they should link the applicant to the partner.	Property documents. For example, tenancy agreements; mortgage agreements; a letter from the landlord; or documents of ownership deeds. Utility bills. For example, council tax, gas, electricity and water. Other bills. For example, for phone. TV licence, or cable TV Other official documents linking you (the application) and your partner to the same address. This can include driving licences, GP/medical letters, payslips, and DWP/HMRC letters. Electoral register confirmation. Documentation issued by a student finance body that shows a UK address. Other dated UK addressed domestic bills. For example, veterinary bills or home services/repairs. Letters of support from friends/relatives or religious leaders with British Citizenship. A written statement from the applicant.
Shared financial responsibilities	Bank statements (joined or individual). A mortgage agreement. Insurances. Car finances. Joined purchases receipts. Other domestic bills. For instance, home services/repairs, veterinary bills.
Other evidence to show that your relationship is genuine and subsisting when apart	Money transfers; bank transactions. Birth certificate of children (where relevant). Temporary work contract/employment letter. Flight/train/bus tickets Holiday bookings Communication records (certified transcripts) Photographs of times spent together Written statements from applicant Letters of support from family, friends, family doctors, religious or tribal leaders Study course document

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.

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