If you applying for a UK Spouse Visa , 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.
Everyone’s circumstances are different. For advice on your Spouse Visa, please contact our immigration lawyers for a free consultation at 02037442797 or completing our enquiry form
Evidence to prove a genuine and subsisting relationship for Spouse Visa
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, or
- Have been living together (cohabited) in a relationship for at least two years when you apply, or
- 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 under the same family visa route, but the difference is 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 Fiance visa.
What if my partner or I have previous relationships?
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. There is no formal requirement for the couple to have lived together for two years. The Immigration Rules require the applicant must demonstrate that
- the country in which administered marriage must recognise that marriage as a lawful and civil one;
- the applicant and their spouse are in a genuine and subsisting relationship; and
- the applicant and their spouse are now living together or that they are temporarily living together but have plans to live together permanently.
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.
A case study for this is we represented a client who was married to a British national. However, at the time of their marriage, they were both working in different cities. The applicant’s employment contract was due to end shortly after her visa was due to expire. During our initial consultation, she explained that she and her husband had agreed that she would move in with him once her contract ended and she would look for work closer to his city.
As part of the application, we submitted evidence of her employment contract, messages between the couple discussing preparations for her move, and job applications she had made in her husband’s city. This evidence demonstrated that, despite not yet living together, their relationship was genuine and subsisting. We also prepared detailed written representations to explain these circumstances to the Home Office. The application was subsequently approved.
Where you and your spouse are not yet living together, there is often a valid reason for this. These may include employment commitments (as in the case above), financial obligations (such as being tied to a tenancy agreement without a break clause), or religious or cultural considerations. The key is to provide a clear explanation of your circumstances and supporting evidence to show your genuine intention to live together in the near future.
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