1. Understanding the Relationship Requirements for Spouses Joining a British or Settled Partner in the UK

If you are a spouse who wishes to join your British or settled partner in the UK, understanding the specified evidence for the relationship requirements set out in Appendix FM, including in relation to the genuine and subsisting relationship requirement, can seem scarce when compared with the financial requirements rules. The latter set out mandatory evidence that must be provided in order to prove that you meet or exceed the minimum threshold.

Section E-ECP.2.6 states that the relationship between the applicant and their partner must be a genuine and subsisting relationship. As an applicant, it can be difficult to determine precisely what this means and in turn, this can make it difficult to determine what type of evidence you may wish to use in your application.

2. Factors Considered by the Home Office When Assessing a Genuine and Subsisting Relationship

The Immigration Directorate Instructions sheds some light on what factors may be taken into consideration when a caseworker assesses if your relationship is genuine and subsisting. Providing letters of correspondence addressed to you and/or your partner at the same address, any financial commitments you share together and evidence that the applicant and/or your partner have visited the other’s home country can be used as evidence in your application.

Case law also provides an insight into what to expect. In Naz (subsisting marriage – standard of proof) [2012] UKUT 40 the Entry Clearance Officer refused the application for the following reasons:

“It is reasonable to expect that in a genuine, subsisting, supporting and affectionate relationship…that there would be significant evidence of regular contact, signs of companionship, emotional support, affection, and abiding interest in each other’s welfare and wellbeing…I am not satisfied that you have genuinely formed a relationship and durable with outward signs of affection and companionship.” – para. 3

This is indicative that communication exchanged between you and your partner can be an important part of your application. The case confirmed that the standard of proof on whether the relationship is genuine and subsisting is the balance of probabilities and this includes assessing evidence of communication between the couple.

However, there are few particularities on how you should communicate or by which means. For instance, in Goudey (subsisting marriage – evidence) Sudan [2012] UKUT 00041 (IAC) it was established that it is not a requirement to have to text your partner.

3. Types of Communication Evidence for a Genuine and Subsisting Relationship

There are no strict requirements on how you communicate. In Goudey (subsisting marriage – evidence) Sudan [2012] UKUT 00041 (IAC), it was deemed that evidence of telephone cards without confirmation on the number being called, was satisfactory. It was also noted in this case that:

“The judge was therefore imposing his own view of how the parties could reasonably be expected to conduct their relationship as opposed to evaluating the consistent and supported evidence that was before him as to how they actually did.” – para. 10

Having said this, evidence of conversations on social media messengers, WhatsApp or email can often be useful to show that you and your partner are in regular contact with each other, although none of these is a mandatory requirement. 

As the genuine and subsisting requirement operates on the balance of probabilities, it is important to note that context will also be taken into account. Considering the increased prevalence of social media and the internet since the case was determined, only possessing vague evidence of communication may no longer be sufficient. With this being said, they will also consider facts such as age of inaccessibility when assessing  the nature of the communication. 

4. Genuine but Not Subsisting: The Importance of Evidence of Ongoing Interaction

In Kaur, the Upper Tribunal confirmed that a marriage could be genuine but not subsisting, hence why it is important to evidence your ongoing relationship with your partner. The couple were married, however they were physically separated and there was a lack of interaction between them. It was determined that the test for ‘subsisting’ includes communication, emotional ties and intention to live together:

“The real issue in the case was whether the relationship between the appellant and sponsor continued to be one of mutual emotional support, companionship and an intention to resume or continue living together as husband and wife. That is the meaning to be attributed to the expression ‘subsisting’” – paragraph 13.

5. Cultural Context in Assessing a Subsisting Marriage

Customs and traditions of marriage vary widely across the world. The Immigration Appeal Tribunal decided in GA (“Subsisting” Marriage) [2006] UKAIT 46 that:

“An Immigration Judge, when assessing the subsistence of a marriage will plainly have to bear in mind the cultural context and the wide differences that exist between individual lifestyles, whether by choice, or by circumstances, or by economic necessity.” – paragraph 14.

Therefore, caseworkers should bear in mind the uniqueness of each wedding when making decisions. However, there are some limitations to this.

6. Limits of Recognition: Telephone or Non-Cohabiting Marriages

In this case [2003] UKIAT 167, the Immigration Appeal Tribunal heard an appeal against the determination of a dismissed appeal of an entry clearance application as a spouse of a British citizen.

The question considered in this case was:

“whether a person who entered into a telephone marriage that is not recognised under English law, and has never met or cohabited with her intended spouse, can be said to have family life for the purpose of Article 8” – para. 1

Article 8 (1) of the European Convention of Human Rights states:

“Everyone has the right to respect for his private and family life, his home and his correspondence.”

The appeal was dismissed. It was decided that:

“…dependency requires something more tangible and substantial than the emotions expressed in correspondence between people who have never met” – paragraph 19.

It is important to note however that this case was particularly unique, given the fact that the spouse of the Appellant was unable to travel due to a severe medical condition.

7. Unmarried Partners: Meeting the Genuine and Subsisting Requirement

If you have been in a relationship akin to marriage for at least 2 years, you are still eligible to apply for a partner visa. Our Unmarried Partner visa webpage explains this in more detail. Even if you are applying in the unmarried partner category, you still need to demonstrate that your relationship meets the genuine and subsisting requirement and the same as above principles apply. 

8. Summary of Key Principles 

Principle	Application
Genuine	The relationship must not be one of convenience or for immigration advantage
Subsisting	There must be an ongoing, practical and emotional relationship

9. Factors Indicating a Relationship May Not Be Genuine

The Relationship with Partner guidance published by the Home Office, provides further information on factors that may be associated with a relationship that would not be considered genuine. Having few people attend your wedding or its reception and not sharing financial or domestic responsibilities are some of these factors. However, these examples can sometimes be associated with an arranged marriage that is common amongst some cultures.

10. Contact Our Immigration Barristers

Our immigration barristers regularly assist foreign national Spouses and Civil Partners to relocate to, and settle in, the UK with their British citizen or settled partners. For tailored advice and expert guidance on your application, contact our immigration team today on 0203 617 9173 or submit your enquiry via our online form below.

11. Frequently Asked Questions

What evidence is needed to prove a relationship for a UK spouse or partner visa?

Evidence can include letters addressed to both partners at the same address, shared financial commitments, visits to each other’s home country, and communication records like messages, emails, and social media interactions.

Are there mandatory types of communication evidence for UK partner visas?

No, while various forms of communication can help, none are mandatory. Applicants should provide evidence demonstrating a genuine and ongoing relationship.

What does the Home Office consider a “genuine and subsisting” relationship?

A genuine relationship is one not entered for immigration advantage, while subsisting means there is an ongoing, practical, and emotional connection between the partners.

Does marriage or civil partnership automatically prove the relationship is genuine?

No, marriage or civil partnership is evidence but does not alone prove the relationship is genuine or subsisting. The Home Office will also consider other factors.

Can cultural context affect how the Home Office views a relationship?

Yes, cultural norms, such as arranged marriages, may influence interpretation, but the relationship must still meet genuine and subsisting requirements.

What are common factors suggesting a relationship may not be genuine?

Indicators may include lack of emotional connection, minimal contact, or evidence the relationship exists solely for immigration purposes.

How does the Home Office assess unmarried partners?

Unmarried partners must demonstrate a durable, long-term relationship similar to married couples, often providing evidence of cohabitation and shared commitments.

Can correspondence with family and friends support a partner visa application

Yes, letters or communications confirming the relationship, visits, or shared responsibilities can be used as supporting evidence.

What role do tribunal cases play in partner visa assessments?

Cases such as [2003] UKIAT 167 show the Home Office considers evidence of subsisting relationships and may reference human rights provisions like Article 8 in borderline cases.