When you are applying as a spouse, civil partner, or unmarried partner of someone who is a British citizen or has settled status (Indefinite Leave to Remain or Settled status under the EUSS (EU Settlement Scheme)) in the UK under Appendix FM, you will be required to meet the relationship requirement. One of the primary parts of this requirement is to prove that your relationship is genuine and subsisting. Similarly, if you are applying as a dependent partner of someone in the UK on various visas such as Skilled Worker visa, Student visa, GBM (Global Business Mobility) route, or Global Talent visa, you will be required to prove that your relationship to the main applicant is genuine and subsisting under the Immigration Rules – Appendix Relationship with Partner.

What is known as “Genuine and Subsisting Relationship” and how can you prove it?

A “genuine and subsisting relationship” means a relationship that is real, durable, and not created just to acquire a UK visa. You and your partner should be in a real emotional partnership, have a continuing commitment to each other, intend to live together permanently, and have not formed the relationship just for immigration advantage.

The burden of proof is on you (applicant) to show you meet the genuine and subsisting relationship requirements. The standard of proof is the balance of probabilities (which means it is more likely than not that you satisfy a requirement). When considering your application, the Home Office would have regard to all the relevant information you provide and would request more information or clarification if necessary.

The information you provide on your application form and all the other evidence in the round would be considered. Importantly, not all evidence will have equal weight. All official and verifiable evidence has the most weight. Any statements that you provide without supporting evidence would have less weight. You should avoid giving any photographic evidence or evidence of interaction with your partner via social media apps such as WhatsApp, or email, as it can be falsified and is not easily verifiable. However, this does not mean such evidence does not carry any weight at all. When the Home Office considers in the round evidence and accumulation of evidence that has less weight, it may satisfy them that it is more likely than not that you meet the relationship requirements.

Evidence of a genuine and subsisting relationship 

When the Home Office assesses whether you meet the relationship requirement for the first time, they would examine the available evidence to be satisfied that your relationship is genuine and subsisting on the balance of probabilities. 

The Home Office can do so by a combination of all or some of the following: 

• Information you have given on your visa application form 

• The signed declaration from your partner that accompanies the application 

• Supporting evidence, you have provided

• Where available (in the UK), direct verification or checks with third parties 

You will be asked on the application form to give documentary evidence unless direct checks apply. For example, the Home Office would check with the landlords or letting agents to verify that you and your partners live, or have lived, at the same address and employers to confirm relevant information, where appropriate.

There is no specified evidence required to prove your relationship, so your application cannot be refused for lack of a particular document, but the Home Office must be satisfied that your relationship is genuine and subsisting on the balance of probabilities (in that it is more likely than not you meet the requirements).

Although not necessary, your ability to prove a genuine and subsisting relationship is strengthened where you provide evidence of living together over time, for example, shared financial responsibilities and household bills over the last 12 months.

Types of evidence you can use to prove a genuine and subsisting relationship

The evidence is divided into 3 broad categories – strong, acceptable, weak. 

Strong evidence is that which is issued by a service provider and/or organisation and/or that carries out checks on the person involved, for example your identity, address, and immigration status. This evidence is official and verified by the issuing organisation. Such evidence is given the most weight. Where you can show sufficient strong evidence to satisfy the Home Office that your relationship is genuine and subsisting, the Home Office generally does not need to see other types of evidence. 

Acceptable evidence includes documents issued by a third-party service provider or organisation but without checks carried out on the person involved and therefore may not have been verified as correct by the third-party organisation, and/or it may be outdated. Such evidence is usually given reasonable weight, but the Home Office may want to see more than one piece of such evidence or take account of your wider circumstances to consider why you have not provided strong evidence.

Weak evidence includes unofficial evidence or evidence that has not been verified by the provider of the document. Such evidence may be given some weight, but the Home Office may want to see it in combination with one of 2 examples of strong or acceptable evidence.

Strong evidence includes a marriage certificate or a certificate of civil partnership.

Evidence of Marriage or Civil Partnerships

Where you and your partner (sponsor) are married or in a civil partnership, you will generally have satisfied the genuineness part of the relationship requirement by submitting evidence of a valid marriage or civil partnership. Where there is reason to believe this relationship is a sham and has been formed just for immigration advantage, your visa application will be refused or cancelled if you have been granted one. 

You must evidence a marriage in the United Kingdom by a valid marriage certificate recognised under the laws of England and Wales, Scotland or Northern Ireland.

You must evidence a civil partnership in the United Kingdom by a civil partnership certificate.

You must evidence a marriage or civil partnership from outside the UK by a reasonable equivalent to the evidence detailed above, valid under the law in force in the relevant country.

Strong evidence for showing cohabitation includes:

Tenancy agreement; mortgage agreement; letter from landlord; documents of ownership deeds 

Utility Bills – for example electricity, gas, water, or council tax;  

Other bills - for example phone; TV licence; cable TV; other 

Official documents linking applicant and partner to same address - driving licences, GP/medical letters, payslips, DWP/HMRC letters; these documents should show both names, or should link you, who is applying as a partner, and your partner/sponsor to the same address over time

Acceptable evidence for showing cohabitation includes:

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

Weak evidence for showing cohabitation includes:

Letters of support from your friends, relatives or religious leaders with British citizenship; written statement from you 

Strong evidence for showing Shared financial responsibilities includes 

bank statements (joint or individual); mortgage agreement and 

Acceptable evidence for showing shared financial responsibilities include insurances; car finances; joined purchases receipts; other domestic bills - home services/repairs, veterinary bills.

How to prove subsisting relationship (second and subsequent applications with the same partner)?

Where you have already proven that your relationship is genuine in a successful application, where you are making a subsequent application based on the same relationship, the Home Office normally only needs to be satisfied that the relationship is subsisting, which means that your relationship is current and continuing. 

The Home Office does not need to reconsider evidence already accepted in your previous application. Generally, your relationship can be accepted as subsisting where your partner’s circumstances have not changed, or if they have changed, they have done so in a way that is consistent with the relationship ongoing. This normally involves cohabitation, shared financial responsibilities and shared common household responsibilities; however, in certain circumstances your relationship is considered subsisting despite you and your partner living apart. A reasonable explanation might include if you cannot live together temporarily due to work, or if you or your partner is living temporarily with a close family member to provide care.

However, if, after you have been granted the first grant, further information comes to light that leads the Home Office to suspect that your relationship is not genuine, they would consider this again. The Home Office can request that you give further evidence if they need it to be satisfied that your relationship is genuine.

Evidence of a subsisting relationship 

When you are applying for settlement, you will not be asked on the application form to give documentary evidence of your relationship subsisting unless your circumstances have changed since your last application for permission. 

The Home Office can assess that a relationship is subsisting through a combination of: 

• information you have given or provided on the application form 

• direct checks with third parties 

The Home Office will only need to see documentary evidence where they are not satisfied that your relationship is subsisting.  In such cases, they would write to you to request evidence.

Where you and your partner are both living in the UK, the Home Office may use direct checks to assess whether your relationship is durable and/or subsisting.

If you and your partner have not lived or have not been living together

If you and your partner are not living together, especially if you have not lived together previously or for some time, you need to provide the Home Office with a reasonable explanation why you and your partner are living apart. For example, you cannot live together temporarily due to work, for cultural reasons while overseas, or if one of you is living temporarily with a close family member to provide care. If you are in such a situation, you will need to satisfy the Home Office that your living apart is temporary and your relationship is still subsisting despite it. You are also expected to show additional evidence of commitment, such as shared financial responsibility or visits, to satisfy the Home Office that your relationship has not broken down.

If you and your partner are living apart, you can provide the following documents to show that your relationship is still genuine and subsisting:

Following documents work as strong evidence

Bank transactions, money transfers, birth certificates of children (where relevant); employment letter/temporary work contract, study course documents

Following documents work as acceptable evidence

Train/flight/bus tickets; holiday bookings

Following documents work as weak evidence

Communication records (certified transcripts); photographs of times spent together; written statements from you; letters of support from family, friends, family doctors, religious or tribal leaders

Where you have no documentary evidence of a genuine and subsisting relationship 

Your application will not be refused as there is no specified evidence which you are required to produce to show a subsisting relationship. The Home Office will consider whether they are satisfied on the balance of probabilities that your relationship is subsisting. 

All evidence and explanations (where relevant) you have provided will be considered before making a decision. The Home Office may also consider arranging an interview if they think this is necessary. If they are not satisfied that the relationship is subsisting, your application will be refused.

How can Visa and Migration Ltd. Help?

We can help you establish your relationship as genuine and subsisting when you are applying as a spouse, civil partner or unmarried partner visa under Appendix FM. We will assist you with what information you must give in your application depending on what information you have, what evidence you must include, and what to do if you do not have documents to evidence your relationship as genuine and subsisting. Where the Home Office asks you for more information, documents, or requests you to attend an interview, we can help you there as well. 

With our services, your chances of getting a successful visa application as a partner become almost certain.

For expert advice and queries on meeting genuine and subsisting relationship requirement, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com