Genuine and Subsisting Relationship Requirement
In This Article
1. When Is a Genuine and Subsisting Relationship Required Under the Immigration Rules?
Several UK visa routes, such as the Spouse Visa, Civil Partner Visa and Unmarried Partner Visa, require applicants to demonstrate that their relationship is ‘genuine and subsisting’. Dependents of individuals in the UK in work or study-based routes also need to demonstrate a ‘genuine and subsisting relationship’ when applying for a Dependent Visa. This is an important requirement, on which many applications hinge. Additionally, where married applicants are unable to show that their marriage is genuine, it could lead to accusations that their marriage was entered into solely to circumvent the Immigration Rules.
Unlike other parts of the Immigration Rules, there is no prescribed list of documents that must be submitted to prove that a relationship is genuine and subsisting. This can understandably be frustrating for applicants, but it reflects the Home Office’s recognition that relationships take many different forms and develop in different ways. There is no single model of a genuine relationship, and decision makers are therefore expected to consider each case on its own facts rather than applying a rigid checklist.
The Home Office assesses the genuine and subsisting relationship requirement on the balance of probabilities, taking into account all available evidence and the wider context of the couple’s circumstances.
2. Factors the Home Office Considers When Assessing Genuine and Subsisting Relationships
Decision-makers look for consistent, ongoing indications of a real partnership. Home Office guidance lists illustrative factors (not an exhaustive checklist) that can indicate genuineness.
When deciding whether a relationship is genuine and subsisting, decision makers consider a wide range of factors. These may include the length and history of the relationship, whether the couple live together or have lived together in the past, and whether they have made concrete plans to live together in the future. Evidence that the couple share financial responsibilities or otherwise support one another financially may be relevant, as may evidence that they have children together and share parental responsibility. The nature and frequency of contact between the partners, particularly during periods of separation, is also relevant, as is evidence that the couple have met in person and maintain an ongoing connection.
Visits to each other’s home country or family may support an application where they have taken place, although the absence of such visits is not treated as a negative factor if there is a reasonable explanation. While the fact that an applicant has never visited the UK must not be regarded as a negative factor, it is a requirement of the Immigration Rules that the couple have met in person. The Home Office also considers whether the couple have made practical plans for their life together in the UK, such as housing arrangements, employment plans, or future family plans.
3. Outward Signs of Commitment and Potential Home Office Checks
Case law has clarified that in a genuine and subsisting relationship it is reasonable to expect outward signs of commitment, companionship, emotional support, affection, and an ongoing interest in each other’s welfare. Where these features are not apparent from the evidence provided, the Home Office may have doubts about the nature of the relationship. In such cases, further checks may be carried out, including requests for additional documents, interviews with one or both partners, or, in rare circumstances, a home visit.
4. Arranged Marriages and Genuine and Subsisting Relationships
Arranged marriages are acknowledged in the Home Office guidance. The Home Office notes that in some cultures couples may meet only briefly before marriage, and marriage may itself mark the start of a committed partnership. The Home Office requires its decisionmakers to take into account normal practices for marriages and family living according to particular religious and cultural traditions.
5. Documents Required to Prove a Genuine and Subsisting Relationship
There are no mandatory documents that are required in order to demonstrate that a relationship is ‘genuine and subsisting’. However, the Home Office will expect to see significant evidence of regular contact, signs of affection and companionship, emotional support, and an abiding interest in each other’s welfare and wellbeing.
6. Types of Evidence to Demonstrate a Genuine and Subsisting Relationship
Applicants considering what evidence they should provide should focus on documentary evidence which can speak to both parts of the genuine and subsisting relationship requirement, namely that their relationship is a real one, based on genuine affection or shared values, and that it is ongoing at the time of the application.
There are no mandatory documents that must be submitted to demonstrate that a relationship is genuine and subsisting, but applicants are expected to provide sufficient evidence to show both that the relationship is real and that it is ongoing. Many applicants begin with a marriage or civil partnership certificate, or birth or adoption certificates for any children, although these documents alone are never sufficient. Where a couple live together, evidence of cohabitation is often provided through tenancy agreements, mortgage statements, bank statements, utility bills, or other official correspondence addressed to one or both partners at the same address.
Documents do not need to be in joint names, and it is common for couples to rely on separate documents addressed individually to each partner at the shared address.
7. Evidence for Long-Distance or Non-Cohabiting Couples
For couples who do not live together, who are in long-distance relationships, or who have only recently married, it is possible to rely on other forms of evidence. This may include photographs showing the couple together over the course of the relationship, evidence of travel to see one another, and records of communication such as messages, call logs, or screenshots of video calls. Evidence of future plans, such as property searches, correspondence relating to housing, wedding or honeymoon arrangements, or plans relating to work or study in the UK, may also help demonstrate that the relationship is ongoing.
8. Personal Statements and Supporting Letters for UK Visa Applications
Personal statements from the partners explaining the history of the relationship, along with supporting letters from family members, friends, or professionals who know the couple, may assist in providing context, particularly where documentary evidence is limited. While such statements generally carry less weight than official documents, they can be valuable in explaining cultural practices, periods of separation, or gaps in the evidence.
Applicants are encouraged to explain any unusual features of their relationship or any missing evidence clearly and honestly. Providing a coherent narrative that matches the documentary evidence can significantly reduce the likelihood of further enquiries or refusal.
Although the genuine and subsisting relationship requirement can appear complex, it is ultimately flexible. The Home Office is not looking for a perfect set of documents, but for a credible, consistent picture of a real and continuing relationship. Where the evidence as a whole demonstrates commitment, mutual support, and an intention to live life together, the requirement can be met.
Our immigration barristers can advise in detail on the documentary evidence which will demonstrate that your relationship is a real one, based on genuine affection, and that it is ongoing at the time of the application.
9. Contact Our Immigration Barristers
Our immigration barristers regularly assist foreign national spouses and civil partners and unmarried partners to relocate to, and settle in, the UK with their British citizen or settled partners. For expert advice and assistance contact our immigration barristers and lawyers on 0203 617 9173 or via our enquiry form below.
10. Frequently Asked Questions
What is a genuine and subsisting relationship for UK visa purposes?
A genuine and subsisting relationship is one that is real, based on genuine affection or shared values, and ongoing at the time of the UK visa application. The Home Office assesses this on the balance of probabilities, considering all available evidence and the couple’s circumstances.
Which UK visa routes require applicants to demonstrate a genuine and subsisting relationship?
Applicants for the Spouse Visa, Civil Partner Visa, and Unmarried Partner Visa must show a genuine and subsisting relationship. Dependants of individuals in the UK under work- or study-based routes also need to meet this requirement when applying for a Dependant Visa.
How does the Home Office assess whether a relationship is genuine and subsisting?
Decision-makers consider the balance of probabilities and examine all available evidence, taking into account the wider context of the couple’s circumstances. They look for consistent signs of commitment, emotional support, affection, and an ongoing interest in each other’s welfare.
What factors are considered in assessing a genuine and subsisting relationship?
Factors include the length and history of the relationship, cohabitation or past shared living, concrete future plans together, financial support, shared parental responsibility for children, frequency of contact, in-person meetings, and practical plans for life in the UK.
Are there specific documents required to prove a genuine and subsisting relationship?
There are no mandatory documents. However, applicants are expected to provide sufficient evidence, such as marriage or civil partnership certificates, cohabitation documents, correspondence, travel records, photographs, and personal statements that demonstrate the relationship is real and ongoing.
Can long-distance or recently married couples provide alternative evidence?
Yes. Couples who do not live together or are in long-distance or recently married relationships can provide alternative evidence, including communication records, travel to see one another, photographs, and plans relating to work, study, or housing in the UK.
Please note that the information provided in this article is for general guidance only and is based on the immigration rules and policies in force at the date of publication. Immigration law and Home Office policy can change frequently, and requirements may vary depending on individual circumstances. Legal advice should always be sought in relation to your specific situation.
