If you are planning to apply for a UK Spouse Visa in the near future, one of the key eligibility criteria you will need to meet is that your relationship with your spouse or partner is genuine and subsisting. ‘Genuine’ means your relationship is real and not sham, in other words, it was not formed solely for the purposes of getting a UK Spouse Visa under false pretences. ‘Subsisting’ means your relationship is ongoing at the time of the application, and you and your partner intend to continue your life together once you have your Spouse Visa.
Evidence to prove a genuine and subsisting relationship
As part of the application process for your UK Spouse Visa, you will need to prove that your relationship is genuine and subsisting by providing relevant documents. It is important to understand that there is no single list of required documents, as the evidence you need to provide will depend on your personal circumstances and the nature of your relationship with your partner. We know from experience, however, you will need to prove to the Home Office that you and your partner:
- Are in a civil partnership or marriage that is recognised in the UK
- Have been living together (cohabited) in a relationship for at least two years when you apply
- Have shared financial responsibilities
The Home Office’s Spouse Visa ‘Relationship With a Partner’ guide sets out the type of evidence they will consider. These are categorised as ‘strong’, ‘acceptable’ and ‘weak’ evidence. The stronger the evidence you provide to support your Spouse Visa application, the better. Lots of weak evidence on its own is likely to reduce the strength of your application. Here are some examples of the type of evidence by category:
Valid marriage / civil partnership
- Strong evidence includes: Marriage certificate and Certificate of civil partnership (there is no ‘acceptable’ or ‘weak’ evidence).
Cohabitation evidence:
- Strong evidence includes: Tenancy agreement, mortgage agreement, letter from landlord, documents of ownership deeds, utility bills, e.g. council tax, electricity, gas or water bill
- Acceptable evidence includes: Other dated and UK-addressed domestic bills, e.g. veterinary bills and home services/repairs
- Weak evidence includes: Letters of support from friends/relatives or religious leaders with British Citizenship or a written statement from the applicant
Shared financial responsibilities evidence:
- Strong evidence includes: Bank statements (either joint or individual) and/or mortgage agreement
- Acceptable evidence includes: Receipts or invoices for joint purchase or services (e.g. car finance agreements, home repair, vet bills)
- Weak evidence includes: There is no ‘weak’ evidence for shared financial responsibility.
What if I don’t have documentary evidence of a valid marriage or civil partnership?
If you do not have the required documentary evidence to support your application proving that you are in a genuine and subsisting marriage or civil partnership, it is very likely that your Spouse Visa will be refused, unless you can provide credible reasons.
In this case, you may meet the criteria for an Unmarried Partner visa. The Unmarried Partner Visa and Spouse Visa are the same visa under the same route, but the difference is that you will need to prove that you have been in a relationship that is like marriage or civil partnership for the past 2 years. If you are not yet married to your UK-based partner and you plan to get married in the UK, you can apply for a Fiancé visa.
What if my partner or I have previous relationships?
When applying for a UK Partner Visa, the Home Office will want to see that any previous relationships have permanently broken down.
If you or your partner has been in a previous marriage or civil partnership that has ended, you must provide evidence that it has been legally and permanently dissolved when applying for a UK Spouse Visa. Please note that if you entered into a marriage or civil partnership in the UK, checks would have already been carried out to verify that your previous relationships have ended.
Documents to show that previous relationships have permanently broken down include:
- Death certificate (if one partner has died)
- UK Decree Absolute or Final Order, or overseas divorce or dissolution certificate
- Document proving the sale of the marital home
- Statement by the applicant explaining their circumstances (assuming none of the above evidence can be provided)
What if I’m not currently living with my partner?
If you are not currently living with your partner or spouse, you can still apply for a UK Spouse Visa. The key here is providing a reasonable explanation showing why you have not been able to live together temporarily, for example:
- A letter from an employer showing that one partner has been living in another place temporarily due to their work
- Document showing that there are cultural reasons for temporarily living apart
- A letter from a doctor explaining why one partner has been living temporarily with a close family member to provide care for a family member.
The longer the time apart, the stronger the evidence you will need to provide to support your case. The Home Office will want to see evidence of your ongoing relationship, such as your shared financial responsibilities or visits to see your partner. If they are concerned that you are not in a genuine and subsisting relationship because you have had a long time apart without a good reason, they will likely request further evidence to support your Spouse Visa application to prove that you are not in a sham relationship.
