UK partner visa relationship requirement: what you need to know
Written by: Robbie Love
If you are applying for a UK family visa as a partner or spouse, you will need to meet the eligibility requirements. This includes requirements about finances, living arrangements, English language, and your relationship.
You will usually need to show that your relationship is genuine, ongoing and legally recognised for immigration purposes. You will also need to show that you intend to live together in the UK, that you have adequate finances and suitable accommodation, and provide appropriate evidence to support your application.
Knowing which relationship rules apply is an important first step before you make your application.
Defining a qualifying relationship
Under the family visa partner or spouse route, a qualifying relationship can include:
- A husband, wife or civil partner
- An unmarried partner who meets the relationship requirements
- A fiancé(e) or proposed civil partner.
Each type of relationship has its own rules about the evidence you need. Spouses must show that their marriage is legally valid and recognised under UK law. For unmarried partners, the couple must be able to show that they have been in a relationship similar to a marriage or civil partnership for at least two years before you apply.
Genuine and subsisting relationships
When making your application you will need to show that your relationship is genuine and ongoing. This means providing formal documents as well as other evidence.
Evidence used to show a spouse or partner relationship may include:
- Marriage or civil partnership certificates
- Children’s birth certificates
- Evidence of living together or sharing a home. This can include a joint tenancy or mortgage agreement, as well as correspondence in your joint or individual names at the same address, covering the period you have lived or stayed together.
- Evidence of communication such at phone messages and calls
- Statements from the applicant and their partner giving a summary of the relationship from the moment that they met to the decision to make the visa application
- Shared financial commitments, such as contributing towards rent or mortgage payments, household bills, groceries or other day-to-day living expenses; money transfers between you; joint bank accounts or utility bills; shared insurance policies or subscriptions; childcare or nursery fees; or evidence of jointly paying for significant purchases, holidays or other family expenses.
The evidence should support what you have said about the relationship. Decision-makers will look at all the evidence when deciding if the relationship meets the relevant requirements.
Human rights considerations
Relationship-based applications may also involve Article 8 of the European Convention on Human Rights, which protects a person’s right to respect for their private and family life.
Normally you are expected to meet the requirements for the family visa as a partner or spouse. However, there may be cases where refusing an application could have serious consequences for the applicant or their family. In these cases, the decision makers may need to consider whether refusing your application would result in a breach of human rights.
This means that human rights considerations can form an important part of some family and relationship-based applications, particularly where there are children or other strong family ties in the UK.
Need help meeting the UK partner visa relationship requirement?
Knowing what evidence you need is an important part of making a family visa application. Clear and relevant evidence can help decision makers to understand the relationship and decide whether the requirements of the visa have been met.
Although the relationship requirements may appear straightforward, the evidence needed will depend on your individual circumstances. You may need to show that your relationship is genuine and ongoing, that you have lived together where required, or that you have an active and continuing role in your child’s life.
If you are unsure whether your relationship meets the requirements of the family visa, our immigration lawyers can help you. We can explain the rules, identify the evidence you need and prepare the correct supporting documents for your application.
Our lawyers are here to help
Whether you need help understanding the partner visa relationship requirements or preparing evidence for your application, our immigration lawyers are here to help. Book a consultation to get tailored advice based on your circumstances.
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