What is a Genuine and Subsisting Relationship in UK Immigration Law?

Getting a UK spouse visa means proving you have a genuine and subsisting relationship. But what does this mean? The Home Office checks if your relationship is real. They want to see an authentic and continuing relationship not one just for getting a visa. Your legitimate and ongoing relationship must show true love and commitment.

Officials look for a bona fide subsisting partnership by checking:

  • How long you’ve been together
  • If you live together
  • How you share money
  • Your future plans together

Your verifiable continuing relationship gets tested through relationship authenticity, partnership longevity, emotional commitment, cohabitation evidence, and financial integration.

UK Visas and Immigration (UKVI) officers know real couples show love differently. The Home Office understands that distance and language barriers can affect relationships. Immigration officers check your whole relationship story to decide on your visa.

Applying for a UK spouse or partner visa can feel daunting, especially when it comes to proving your relationship. One of the most important tests set out in the immigration rules is whether your relationship is genuine and subsisting relationship. But what does that really mean, and what kind of evidence do you need to satisfy the Home Office?

This guide explains the requirement in clear terms, looks at the factors considered by UKVI, and offers practical tips on how to prepare a strong application.

Understanding the Genuine and Subsisting Relationship Requirement

The requirement comes from Appendix FM of the Immigration Rules, which governs applications by spouses, civil partners, unmarried partners and fiancés of British or settled persons. Section E‑ECP.2.6 states:

“The relationship between the applicant and their partner must be a genuine and subsisting relationship.”

Genuine and Subsisting Relationship

This means that your relationship must not only be real (genuine) but also ongoing (subsisting). A marriage certificate on its own is not enough. The Home Office wants to see that you are truly living as a couple, or if apart, that you maintain meaningful contact and intend to live together permanently in the UK.

How the Home Office Assesses a Genuine and Subsisting Relationship

Caseworkers decide applications based on the balance of probabilities. In simple terms, they ask: is it more likely than not that this relationship is real and ongoing? To answer this, they look at a variety of factors, such as:

  • Cohabitation evidence – tenancy agreements, mortgages, or utility bills showing you live together.
  • Financial commitments – joint bank accounts, shared bills, or insurance policies.
  • Travel records – visits to each other’s home countries, boarding passes, or hotel receipts.
  • Communication history – phone records, WhatsApp chats, emails, or letters.
  • Future plans – evidence of intention to live together long-term, such as tenancy deposits or plans to start a family.

Home Office guidance makes clear that no single piece of evidence is decisive. Instead, caseworkers look at the whole picture of your relationship.

Common Evidence to Prove a Genuine and Subsisting Relationship

There is no fixed list of documents, but the stronger and more consistent your evidence, the better your chances of success. Here are some commonly accepted forms:

  • Housing documents: tenancy agreements, mortgage statements, council tax bills in both names.
  • Financial evidence: joint bank statements, utility bills, insurance policies, evidence of money transfers between you.
  • Travel evidence: flight tickets, visa stamps, hotel bookings showing visits to see each other.
  • Photographs: genuine, unstaged pictures with family and friends at different times.
  • Communication records: screenshots of WhatsApp, social media, phone logs, emails.
  • Official correspondence: letters addressed jointly to your home.

 Be careful not to rely only on one type of evidence. For example, hundreds of screenshots of text messages may not carry much weight without supporting proof of shared life together.

Real Life Example:

Sarah and Ahmed lived apart for 18 months due to Ahmed’s work overseas. They kept in daily contact through WhatsApp, visited each other three times during that period, and had a joint tenancy in Manchester waiting for Ahmed’s return. Their application was approved because the evidence showed both ongoing communication and an intention to live together.

Genuine but Not Subsisting, What Does This Mean?

It is possible for a relationship to be genuine but not subsisting. For example, a couple may be legally married but no longer communicate or plan to live together. In Kaur, the tribunal confirmed that subsistence requires:

  • Mutual emotional support
  • Regular companionship
  • Intention to continue living together as partners

In other words, a certificate of marriage is not enough if the relationship has effectively ended. Applicants must show that the bond continues in practice, not just in name.

Cultural Considerations in Relationship Assessments

The Home Office is expected to consider cultural differences when assessing relationships. For example, in some communities, weddings are smaller events or couples may not share finances in the same way as in the UK. In GA (“Subsisting” Marriage), the tribunal recognised that customs vary across societies and that caseworkers must not impose their own views of how couples “should” behave.

That said, you may need to explain cultural practices clearly in your application. For instance, if your wedding was attended by only a few people, it helps to include a statement outlining cultural or family reasons.

Limitations and Special Cases

Some situations raise extra challenges:

  • Telephone marriages – Marriages conducted by phone that are not recognised under English law will usually not meet the requirement.
  • Online-only relationships – Correspondence without ever meeting in person is rarely enough.
  • Non-cohabiting couples – Long-distance partners can still qualify, but strong evidence of ongoing contact and future plans is essential.
  • Unmarried partners – You must normally show at least two years of living together in a relationship akin to marriage. Evidence of cohabitation is key.

Reasons the Home Office May Doubt a Relationship

The UKVI has published guidance on factors that may raise doubts, including:

  • Very little contact or communication evidence
  • No joint financial or domestic arrangements
  • Inconsistent answers at interview
  • Weddings with very few attendees (unless culturally explained)
  • Contradictions in documents submitted

These issues do not always mean refusal, but they will trigger closer scrutiny. Providing context in a relationship statement can make a big difference.

How to Strengthen Your Application

To improve your chances:

  1. Provide a variety of evidence – balance communication records with financial and housing documents.
  2. Write a relationship statement – explain your history, how you met, and your future plans.
  3. Organise documents clearly – make it easy for the caseworker to follow your evidence.
  4. Address any gaps – for example, if you have been apart due to work or study, explain this fully.
  5. Seek professional help – a solicitor can spot weak points and suggest additional evidence.

Proving a genuine and subsisting relationship is often the hardest part of a spouse or partner visa application. Refusals are common when evidence is poorly presented, even if the relationship itself is real.

At Deluxe Law Chambers, our immigration solicitors in Manchester regularly assist with:

We work with clients across the UK and overseas, helping to build applications that clearly demonstrate a strong, ongoing relationship.

Frequently Asked Questions

What does “genuine and subsisting relationship” mean?

It means your relationship is real and ongoing, not just a marriage of convenience. You must show emotional commitment, communication, and an intention to live together.

How do I prove my relationship to the Home Office?

Provide a mix of documents such as tenancy agreements, bank statements, travel records, communication logs, and photographs with family and friends.

Can I meet the requirement if we do not live together?

Yes, long-distance couples can qualify if they provide strong proof of ongoing contact and plans to live together in the UK.

Does marriage automatically prove the requirement?

No. A marriage certificate helps but you must also show the relationship continues in practice.

Can cultural context affect how UKVI views my application?

Yes. The Home Office must consider cultural traditions, but it is best to explain them clearly in your supporting statement.

What are common reasons applications fail?

Lack of consistent evidence, very little contact, conflicting answers at interview, or suspicion of a marriage of convenience.

Can correspondence with family and friends support my case?

Yes, letters or statements from friends and relatives who know your relationship can add weight to your application.

Speak to Deluxe Law Chambers Today

If you are applying for a UK spouse or partner visa, or need advice on how to prove your genuine and subsisting relationship, we are here to help.

Call 0161 464 4140 or book an appointment online. Our dedicated team will guide you through the process and give your application the best chance of success.