If you are applying as a dependent partner under the Points-Based System (PBS) route, such as Skilled Worker, Student, Health and care worker or Global talent, you must provide evidence to the Home Office that your relationship with your partner is genuine and subsisting. The rules derive from Appendix Relationship with Partner and apply to most work and study routes but not to applications under Appendix FM.
What is the Genuine and Subsisting Requirement?
Under Immigration Rules Appendix Relationship with Partner, the requirement is:
The applicant and their partner must have met in person (RWP 6.1.) and the relationship between the applicant and their partner must be genuine and subsisting (RWP 6.2.).
What is a Genuine Relationship?
A genuine relationship means the relationship must not be that of convenience or for immigration purposes, but rather a real commitment. Evidence usually includes the history of the relationship, communication records, photographs together, travel history and any other documents which evidence the relationship.
The Home Office assesses whether the relationship was formed independently and reflects a real commitment between the couple. The assessment is carried out holistically rather than reliance on a single piece of evidence. The Home Office examines the circumstances under which the couple met, the progression of the relationship, the evidence of a shared life.
What is a Subsisting Relationship?
A subsisting relationship means the partnership is ongoing at the time of the application. This can be shown through continued contact, shared responsibilities, financial interdependence, or continued communication. If the couple has been living separately, the Home Office considers how the relationship was maintained during their time apart. Examples of evidence can include money transfers, travel records, proof of regular and consistent communication.
How does the Home Office Assess this?
The Home Office reviews the documents to ensure consistency and a clear pattern which presents a clear picture of a committed relationship. The quality of documentation enables the Home Office to conclude the relationship is credible. The Home Office does not rely only on a single piece of evidence; in fact, the assessment is through view of a variety of documents. Inconsistent or limited evidence or unexplained periods of separation may lead to concerns regarding the relationship. This may lead to the Home Office requesting further information/documentation or a refusal.
Our comment:
The requirement to demonstrate a genuine and subsisting relationship is essential for such applications. By providing clear, consistent and qualified documentation, Applicants can present their relationship as genuine and subsisting and demonstrate their intention to live together as a couple/family unit in the United Kingdom.
If you are looking to apply as a dependant partner under the PBS route, our experts can guide you and help you prepare a well-presented application tailored to your circumstances.
