An important requirement in many UK partner and family visa applications is proving that the relationship between the applicant and sponsor is genuine and subsisting. This requirement applies under Appendix FM to applications such as Spouse Visas, Civil Partner Visas, Unmarried Partner Visas, Fiancé/Fiancée Visas and Proposed Civil Partner Visas.

For many applicants, this may appear straightforward: if the couple is married, engaged, or in a long-term relationship, they may assume that the relationship requirement will be accepted automatically. In practice, however, the Home Office does not simply rely on the existence of a marriage certificate, civil partnership certificate or engagement. Caseworkers assess whether the relationship is real, continuing, and supported by credible evidence.

What Does “Genuine and Subsisting Relationship” Mean?

Under Appendix FM, the applicant and their partner must show that their relationship is both:

1. Genuine – the relationship is real and not entered into for immigration purposes; and
2. Subsisting – the relationship is continuing at the date of application and decision.

Appendix FM requires that applicants applying as a partner must show that their relationship is genuine and subsisting. For entry clearance and first-time partner applications, this often requires evidence of how the relationship began, developed and continues. For further leave to remain applications where the applicant has already been granted leave as a partner, the Home Office will usually focus on whether the relationship remains genuine and subsisting, whether the couple has continued to live together in the UK since the last grant, or whether there is a good reason for any period of living apart. The Rules also require the couple to have met in person and to intend to live together permanently in the UK.

This means the Home Office will look beyond the formal status of the relationship. A valid marriage or civil partnership is important, but it is not always enough on its own. The application should demonstrate the development, continuity and practical reality of the relationship.

Is a Marriage Certificate Enough to Prove the Relationship?

A marriage certificate is important evidence in a Spouse Visa application because it proves that a legally recognised marriage has taken place. Unlike an unmarried partner application, a married couple does not usually need to provide evidence of cohabitation.

However, a marriage certificate does not, by itself, prove that the relationship is genuine and subsisting.

The Home Office may still look carefully at the relationship where there are features that require further explanation, for example where:

• the couple married shortly after meeting;
• the couple has spent limited time together;
• the applicant or sponsor was previously married or in another long-term relationship;
• either party recently ended another relationship;
• the sponsor has previously sponsored another partner;
• there is limited evidence of communication or visits;
• the couple has not lived together and there is little explanation for this;
• there are inconsistencies in the application form, statements or supporting documents.

We normally advise the couple to prepare a clear relationship statement explaining how they met, how the relationship developed, when they decided to marry, how they have maintained the relationship, and what their plans are for living together in the UK.

The purpose of the statement is to give the Home Office a coherent account of the relationship and to explain any circumstances that may otherwise appear unclear. This could be supported, where appropriate, by evidence such as photographs, travel records, communication records, family involvement, financial support, and documents showing future plans together.

A marriage certificate therefore helps establish the legal status of the relationship, but the application should still show that the marriage reflects a real, continuing relationship rather than relying on the certificate alone.

What Evidence Can Show a Genuine and Subsisting Relationship?

There is no single fixed list of evidence that will be suitable in every case. The evidence should be tailored to the couple’s actual circumstances.

Common evidence may include:

• Evidence of marriage, civil Partnership or engagement
• Evidence of living together
• Evidence of communication
• Evidence of visits and time spent together
• Evidence of shared financial responsibilities
• Supporting letters from family members or friends may assist

Sham Marriage, Marriage of Convenience and Arranged Marriage

In UK immigration law, the Home Office is concerned with whether the relationship is genuine and subsisting, not whether the couple met in a “Western” or “romantic” way.

A marriage may be traditional, introduced by family, arranged by relatives, culturally expected, or solemnised after a short period of courtship. None of that automatically makes it suspicious or unlawful. The legal issue is whether the parties genuinely intend to be in a real marital relationship.

What Is a Sham Marriage?

A sham marriage is a marriage or civil partnership where there is no genuine relationship between the parties and the marriage is entered into for the purpose of avoiding or circumventing UK immigration controls.

Home Office statutory guidance describes a sham marriage or civil partnership as one where:

• one or both parties is not a relevant national;
• there is no genuine relationship between the parties; and
• either or both parties enter into it for the purpose of circumventing UK immigration controls.

A sham marriage is therefore not simply a weak relationship, a fast marriage, or a marriage with immigration consequences. It is a marriage where the relationship itself is not genuine and the marriage is being used as an immigration device.

What Is a Marriage of Convenience?

A marriage of convenience is more nuanced. A couple may have a real relationship, but the marriage may still be treated as a marriage of convenience if it was entered into for the sole or predominant purpose of obtaining an immigration advantage. However, a marriage is not a marriage of convenience simply because it gives one party an immigration benefit. Many genuine marriages naturally have immigration consequences. The key question is whether the marriage was entered into as a genuine marital commitment, or whether it was primarily an arrangement to circumvent immigration control.

What Is an Arranged Marriage?

An arranged marriage is different again. A marriage is not less genuine simply because the couple were introduced by family, followed cultural traditions, had a short courtship, or decided to marry in a way that differs from Western dating norms. Arranged marriages are permitted, provided both parties freely consent and the relationship is genuine and subsisting.

Do You Need to Have Lived Together for a Spouse Visa?

Not necessarily. Married couples and civil partners do not always need to have lived together before applying. Many couples are separated by immigration rules, work, study, caring responsibilities or cultural circumstances.

However, if the couple has not lived together, the application should explain why they have not lived together; how they have maintained the relationship; how often they communicate; when they have visited each other; what plans they have to live together in the UK; and what practical arrangements have been made for accommodation and future family life.

Do You Need Two Years of Cohabitation to Apply as a Partner?

For a Spouse Visa or Civil Partner Visa, the applicant does not need to prove that the couple has lived together for two years. A valid marriage or civil partnership places the applicant within the spouse or civil partner category. However, the couple must still prove that the relationship is genuine and subsisting, that they have met in person, and that they intend to live together permanently in the UK.

For an Unmarried Partner Visa, the position is different. The applicant must show that they are in a durable relationship with their partner. Historically, two years of cohabitation was a requirement. The current approach is more flexible: two years of cohabitation is strong evidence of a durable relationship, but the Home Office will mainly consider whether the evidence shows that the relationship has been similar to marriage or civil partnership for at least two years.

This means that unmarried partners who have not lived together continuously may still be able to apply, but they will need strong evidence explaining the relationship, the reason for any periods of separation, and how the relationship has been maintained. The Home Office will need to see that the relationship has had the substance and commitment of a marriage or civil partnership for at least two years, rather than being temporary, or a boyfriend-girlfriend type of casual relationship.

How Much Evidence Should Be Provided?

The quality of evidence is more important than volume. A large bundle of disorganised screenshots is often less effective than a carefully prepared set of documents arranged in a clear timeline.

A strong application will usually include:

• a clear relationship chronology;
•  evidence covering the beginning, development and continuation of the relationship;
• documents showing contact during periods of separation;
• explanation of any gaps or unusual features;
• evidence of intention to live together permanently in the UK;
• supporting documents that are consistent with the application form.

The Home Office guidance divides relationship evidence into three broad categories: strong, acceptable and weak.

• Strong evidence usually includes official or verified documents, such as tenancy agreements, mortgage documents, utility bills, bank statements, HMRC/DWP letters, GP letters, or other documents linking both partners to the same address over time.
• Acceptable evidence may include electoral register confirmation, student finance records, travel bookings, insurance documents or joint purchase receipts.
• Weak evidence may include photographs, communication records, personal statements, and letters from friends or family.

However, there is no fixed list of documents that every couple must provide. The Home Office must consider the evidence as a whole and decide whether, on the balance of probabilities, the relationship is genuine and subsisting. This is particularly important where a couple has not lived together, has lived apart for cultural, work, study or caring reasons, or has limited formal documents in both names. In those cases, a clear explanation and carefully organised supporting evidence can be especially important.

What Happens If the Home Office Refuses the Application?

If a partner or family visa application is refused on the basis that the relationship is not accepted as genuine and subsisting, the applicant may have options depending on the circumstances.

Appealing the Refusal

Many Appendix FM partner refusals carry a right of appeal on human rights grounds. An appeal may be appropriate where the Home Office has misunderstood the evidence, applied the wrong approach, failed to consider important documents, or reached an unreasonable conclusion about the relationship.

An appeal may allow the applicant to rely on further evidence, witness statements, and legal submissions explaining why the relationship is genuine and subsisting. However, appeals can take time, and the tribunal will consider the case carefully, including any weaknesses or inconsistencies in the original application.

Submitting a Fresh Application

In some cases, it may be more practical to submit a new application with better evidence, particularly where the refusal was caused by missing documents, limited relationship evidence, poor organisation of the bundle, or lack of explanation.

A fresh application may be suitable where the couple can now provide stronger evidence, such as a detailed relationship statement, additional communication records, travel evidence, proof of living together, financial support documents, or clearer evidence of future plans in the UK.

Genuine and Subsisting Relationship: Key Takeaways

• The genuine and subsisting relationship requirement is one of the most important parts of a UK partner visa application under Appendix FM. The Home Office must be satisfied that the relationship is real, continuing, and not entered into primarily as an immigration device.
• A marriage certificate or civil partnership certificate is important, but it is not always enough on its own. It proves the legal status of the relationship, but applicants should still provide evidence showing that the relationship is genuine and ongoing.
• Two years of cohabitation is not required for a Spouse Visa or Civil Partner Visa. For unmarried partners, the key issue is whether the relationship has been durable and akin to marriage or civil partnership for at least two years. Cohabitation can be strong evidence, but it is not the only way to prove this.
• The quality of evidence is more important than the quantity. Strong applications usually include a clear relationship timeline, evidence of communication, visits, living arrangements, financial or practical commitment, and future plans to live together in the UK.
• Arranged marriages are permitted and can meet the Appendix FM relationship requirement. A marriage is not less genuine simply because the couple were introduced by family, followed cultural traditions, or married after a short courtship. The key issue is whether both parties freely consented and whether the relationship is genuine and subsisting.
• Where there are potential risk factors, such as a quick marriage, previous sponsorship, recent previous relationships, long periods apart, limited cohabitation, or immigration history concerns, the application should address these clearly. A detailed relationship statement from the couple can help explain how the relationship developed and why it is genuine.
• If the Home Office refuses the application, the applicant may be able to appeal or submit a fresh application with stronger evidence. The best option will depend on the refusal reasons, the evidence available, and the applicant’s immigration position.