UK Spouse Visa Relationship Requirements [2024 Guide] | What You Should Know

in this video we're going to discuss the relationship requirement as it relates to UK spouse visas also if you're considering applying for a civil partnership Visa since the immigration rules are identical in all but name this video should also be helpful to you as an oisc regulated UK immigration law firm that has helped more than 3,000 partners with their UK partner Visa applications we're very well placed to discuss this the second relationship requirement is that the sponsor of the application otherwise known as the UK partner must be one a British or Irish citizen or two president and settled in the UK or the sponsor must be one of these the third fourth and fifth requirements are that you both must have met in person you and your partner must be aged 18 or over when the online application is submitted and you both must intend to live together permanently in the UK the intention to live together permanently in the UK requirement is worth elaborating on here firstly you will not generally be expected to provide supporting documentation to show that you intend to live together in the UK permanently rather it is all arily implied Because of You submitting the spouse visa application this requirement tends to only be problematic if there's information in the application that calls into question your intention to live together in the UK such as one partner mentioning that they intend to relocate overseas secondly you should know that the intention to live together requirements will apply to each of the applications up to and including the indefinite leave to remain application so if you anticipate that one or both Partners will spend some time overseas before applying for indefinite leave to remain this this requirement may require careful planning the standard route to indefinitely to remain via the partner Visa route involves one submitting the first partner visa application two submitting the first partner visa extension using the flrm application form where another 30 months leave will be granted this partner visa extension should generally be submitted within the 28-day period before the partner Visa or leave expires and then three the indefinite leave to remain or ilr application so if the applicant and/or sponsor have spent a significant amount of time out inside the UK after being granted the first partner visa application but before the ilr application this can call into question the intention to live together permanently in the UK requirements when you submit either the first partner visa extension or the ilr application the immigration rules as it relates to these applications do not State the amount of time that can be spent outside the UK until the intention to live together in the UK requirement can be problematic and the reason for this is because the reason is very relevant one or both Partners going on a stud trip as part of a course and or working overseas are examples of good reasons which justify spending extended periods outside the UK without calling into question the intention to live together requirements for each of these applications requirement number six any previous relationships of the sponsor and or applicant must have broken down permanently unless it's a relationship that falls within one of the very few and rarely relied on exceptions the home office is primarily concerned about previously legally recognized relationships in other words previous marriage mares or civil Partnerships the breakdown of previous marriages and previous civil Partnerships must be evidenced accordingly for previous marriages it is mandatory to provide either a decree absolute or an overseas equivalent decree nisses or decree nissy equivalents are not considered final and therefore will not suffice the other acceptable documents depend on the particular circumstances but include a death certificate analment or final order of civil partnership disillusion document or overseas equivalence the next requirement that we'll discuss is that you and your partner must not be in a prohibited degree of relationship this basically means that the applicant and sponsor cannot be immediate family members this is the list of the prohibited degrees of relationships if this requirement concerns you feel free to pause this video to have a longer look the final relationship requirement we will discuss is a genuine and subsisting relationship requirement yes it is a requirement for the spouse feeser application to prove that your relationship is genuine they will not need to be 100% sure that your relationship is genuine but rather you must prove to the home office that there's a great than 50% chance of your relationship being genuine when deciding on the genuine and subsisting relationship requirement the home office will consider your application as a whole they will therefore look at the supporting documents that you submit the factors of a genuine and subsisting relationship and how they apply to your application regarding the supporting documentation that you submit Partners often submit as many relationship documents that they think are relevant despite this we know from my colleagues who worked in the home office that a lot of these such as letters from family or friends money transfers social media logs and gift invoices are in fact completely disregarded by home office case workers this is not to say that all relationship documents tend to be disregarded by the home office letters of support discussing the development of your relationship for example are often very good to submit but the reality is that the genuine relationship requirement is decided more in light of the relevant factors of a genuine and subsisting relationship than the documents that you submit common examples of documentation that has given no or very little weight include hotel bookings flight tickets money transfers statement from family or friends social media posts wedding invites and receipts home office case workers will consider among other things whether you've cohabited whether you visited each other's home country and family whether you share financial responsibilities and whether you have children so if you're watching this and are slightly anxious about the fact that only a few of these apply or if none of these apply this is not necessarily problematic in fact it's fairly common for partners not to have cohabited before submitting their first partner visa application often applicants will not share any substantial financial responsibilities such as a shared mortgage or a joint bank account and not having children is certainly not going to go against you another main consideration is how long you've known each other on this point the home office guidance does not specify a minimum length of time that you and your partner must have known each other or have been in a relationship with each other in fact many applicants from certain countries first meet on their wedding day and then submit the UK spouse visa application shortly after this is not necessarily problematic because because home office case workers are instructed to take into account cultural considerations the genuine and subsisting relationship requirement is a requirement that causes a lot of Partners anxiety but fortunately this is not a requirement that tends to be problematic the genuine and subsisting relationship requirement tends to only be problematic where the applicant Andor sponsor have a questionable immigration history or if they've only met in person once or twice very briefly and there are no cultural considerations that would be relevant the relationship requirement is one of the many mandatory requirements that you must meet when you apply for a UK spouse visa for a detailed account of all of the spouse visa requirements you can watch our incredibly in-depth UK spouse visa requirements video by clicking the video here also if you found this video helpful feel free to let us know in the YouTube comments by liking the video and by subscribing

Channel: Migrate org uk - Spouse Visa UK Specialists

Views: 1,483

Keywords: spouse visa uk, spouse visa uk requirements, spouse visa uk 2024, uk spouse visa 2024, spouse visa uk requirements 2024, uk spouse visa requirements 2024, uk spouse visa relationship requirement, uk spouse visa genuine relationship requirement, spouse visa uk relationship requirement, spouse visa uk genuine relationship requirement

Id: DhfTIf4Qork

Length: 6min 46sec (406 seconds)

Published: Thu Mar 21 2024