When applying for a UK spouse or partner visa, one of the most important – and often most challenging – elements is the genuine and subsisting relationship requirement. This does not simply mean proving that you are married or in a relationship on paper; you must be able to show that your relationship is real, currently ongoing, and that you both have a genuine intention to build a life together in the UK. Properly understanding this requirement will help you plan what evidence to gather and how to present your case effectively.
What exactly does the ‘genuine and subsisting relationship’ requirement mean?
In UK immigration law, a “genuine and subsisting relationship” is not a purely formal or paper-based relationship, nor a relationship entered into mainly for immigration purposes. It refers to a real partnership based on emotional connection, mutual trust and a shared life in practice. The Home Office focuses on whether the relationship is still ongoing at the time of the application and whether there is a real intention to continue living together in the foreseeable future. As a result, evidence that you are actively committed to each other now will carry more weight than proof that you were simply in a relationship at some point in the past.
In which situations must this requirement be met?
This requirement is central to several family and partner-based routes. It applies in particular to spouse visas, civil partner visas and unmarried or durable partner visas where the relationship is the foundation of the application. It can also apply to dependant visas for partners of those who are in the UK for work or study. Even if you are legally married, if the documents you submit suggest that the marriage is not a real partnership but rather a way to circumvent the immigration rules, you may face refusal and even suspicion of a sham marriage.
How does the Home Office assess whether a relationship is genuine?
The Home Office does not rely on a single checklist; instead, it looks at the overall picture formed by different aspects of your life together. Caseworkers consider when and how you met, how your relationship has developed over time and how long you have been together. They look at whether you currently live together and whether you have lived together in the past, as well as what concrete plans you have made to live together in the UK, including accommodation, employment or study plans and family planning. They may examine the extent of your financial links, such as shared accounts, regular transfers or contributions to living costs, and how you share responsibility for any children. They will also consider how often and in what ways you have stayed in contact during any periods of separation, whether you have met in person and how frequently, and what practical steps you have taken towards building a joint life in the UK. The more these elements fit together consistently and logically, the stronger your case will appear.
What outward signs of commitment does a genuine relationship usually show?
According to guidance and case law, a genuine relationship will usually show certain outward signs that reflect real commitment. Partners typically regard each other as life companions rather than casual partners or acquaintances, and they share personal difficulties, offer comfort and give each other advice and emotional support. There is often some level of affectionate behaviour, such as celebrating special occasions, exchanging thoughtful messages and taking an interest in each other’s daily lives. Evidence that you are actively interested in each other’s health, work, studies and family circumstances over time also supports the idea that your relationship is genuine. If the evidence you provide does not show much of this, the Home Office may question how real or committed the relationship is. In such cases, they may request additional documents, invite one or both partners to an interview or, more rarely, arrange a home visit.
Can arranged marriages or short courtships still be accepted?
The Home Office recognises that in some cultures marriage is not the end point of a long romantic relationship but the beginning of a committed partnership. In many communities, it is common for families to introduce potential spouses and for couples to marry after a relatively short courtship, with emotional closeness growing after marriage. Decision-makers are expected to take such cultural, religious and family practices into account when assessing whether a relationship is genuine and subsisting. This means that an arranged marriage or a marriage following a short courtship is not automatically treated as suspicious. However, even in these cases, you still need to show that there is mutual respect, emotional connection and a real intention to live together and share your lives in the long term.
Is there a fixed list of documents you must provide?
There is no legally fixed list of documents that you must submit to prove that your relationship is genuine and subsisting. The Home Office accepts that relationships can look very different from couple to couple and that not everyone can provide the same types of evidence. Nevertheless, it is important to provide evidence that is both sufficient in quantity and strong in quality. Your documents should clearly demonstrate that your relationship is real, that it is continuing at the time of application and that you intend to live together in the future. In particular, you should aim to show that you have maintained regular and consistent contact, that you see each other as life partners, that you provide emotional support to each other and that you are genuinely interested in each other’s wellbeing and future plans.
What kinds of evidence are especially persuasive?
Most applicants start with basic documents such as a marriage or civil partnership certificate and, where relevant, the birth or adoption certificates of any children. However, these only prove the legal framework and do not, by themselves, show how the relationship functions in practice. It is therefore important to provide additional evidence of your day-to-day life together. If you have lived together, tenancy agreements or mortgage statements can help to demonstrate shared accommodation. Utility bills for gas, electricity, water or internet, bank statements and letters from government bodies or service providers sent to the same address all help to show that you have been living as a household. These documents do not all need to be in joint names; a series of letters or statements in each partner’s name going to the same address over a period of time is often enough to show that you have, in fact, been living together.
How can long-distance or non-cohabiting couples prove their relationship?
For couples who are in a long-distance relationship or who have not yet been able to live together, the Home Office understands that conventional documents such as joint utility bills may be unavailable. In such situations, other forms of evidence become more important. Photographs of you together at different times and in different places, arranged in roughly chronological order, can help show the length and continuity of the relationship. Records of travel to visit each other, such as flight or train tickets, passport stamps and accommodation bookings, can confirm that you have made real efforts to spend time together in person. Screenshots or logs of messages, calls and video calls can demonstrate regular communication during periods of separation. Evidence of practical plans for your future life in the UK – for example, emails about finding accommodation, wedding or honeymoon bookings, job applications, offers of employment, or correspondence about study – can also show that you are both actively preparing to live together.
How should personal statements and supporting letters be used?
Objective documentation will usually carry the greatest weight, but personal statements and letters of support can be very helpful in explaining the story behind your documents. Each partner can prepare a statement setting out when and how you met, how the relationship has developed, how you currently support each other and why you wish to live together in the UK. These statements should be clear, chronological and detailed enough to make sense of the evidence you submit. Letters from family members, close friends or professionals such as community or religious leaders can also add value by describing, from their own experience, how they have seen your relationship grow over time. However, these letters are generally considered less objective than official documents, so it is important that they are specific about dates, events and circumstances and that they do not contradict any of the documentary evidence you provide.
Ultimately, meeting the “genuine and subsisting relationship” requirement is about presenting a coherent, credible picture of a real partnership. Your narrative – the way you describe your relationship from the beginning to the present – should match the documents you submit, and your evidence should naturally support the story you tell. Rather than thinking only in terms of a checklist, it is better to ask whether someone reading your application would be able to see, step by step, how your relationship began, how it has been maintained and how you plan to share your lives in the future. Every couple is different, and cultural and personal backgrounds vary, but if the overall picture is that of a genuine, committed relationship, there is a strong basis for satisfying this requirement.
If you need assistance with this requirement in the context of a UK spouse, partner or dependant visa application, don't hesitate to get in touch with Aris International Lawyers on 020 3865 6219 or leave us a message. An experienced immigration team can help you plan your evidence, structure your statements and present the strength of your relationship in the most effective way for your application.