Determining UK Genuine and Subsisting Relationship
For settlement visa in the UK
If you are a fiancé, proposed civil partner, civil partner or spouse of lawfully resident in the UK or UK citizen, the guidelines are set to determine as to assess the relationship is genuine and subsisting when an applicant is applying for the purpose sought to settle in the UK, this eliminates and identifies forced marriages or relationships obtain in fraud or sham marriage or popularly known as ‘marriage of convenience that is orchestrated in relation to claim for family migration in the UK which confer automatic refusal should the applicant fails to prove that the relationship is genuine and subsisting.
The assessment of the application which will be performed by the case officer usually based on the entire application, but on the basis of a genuine and subsisting relationship they would also reckon as to what the cultural practices in seldom occasions, whereby, the applicant’s religious belief, tradition, is part of the factor to consider in tune with their claim on a genuine and subsisting relationship on which the case officers are aware of, depending on what evidence of documents are being presented by the applicant. Caseworkers must take into account normal practices for marriages and family living according to particular religious and cultural traditions when considering under the family members of Appendix FM of the immigration rules (Annex FM section 2.0).
As such, factors (below) which is mentioned at section 3.2 Factors which may be associated with a genuine and subsisting relationship.
The couple are in a current, long-term relationship and are able to provide satisfactory evidence of this.
- The couple have been or are co-habiting and are able to provide satisfactory evidence of this.
- The couple have children together (biological, adopted or step-children) and shared responsibility for them.
- The couple share financial responsibilities, e.g. a joint mortgage/tenancy agreement, a joint bank account and/or joint savings, utility bills in both their names.
- The partner and/or applicant have visited the other’s home country and family and are able to provide evidence of this. (The fact that an applicant has never visited the UK must not be regarded as a negative factor, but it is a requirement of the Immigration Rules that the couple have met in person
- The couple, or their families acting on their behalf, have made definite plans concerning the practicalities of the couple living together in the UK. In the case of an arranged marriage, the couple both consent to the marriage and agree with the plans made by their families check out how we may able to help you review your spousal visa application
Where section 3.2 outlines the Factors which may be associate with a relationship that is not genuine and subsisting, it may or may not directly implied a possible automatic refusal, if you have at least one or more listed at section 3.2, case officer/s will further make a necessary investigation, verification to scrutinize the application on this basis, or may ask additional substantial documents or evidence against such findings if any, but the logic of assessment as to whether to grant or refuse the application may differ according to entire assessment of the application, as they would assess it according to the individual circumstances of the applicant and any additional evidence which is material to the application.
Contact Visa Online Assistance for your settlement visa in the UK or for the reapplication of refused visa by sending an email at info@visaonlineassistance.com you may wish to check us out our COMPLETE REQUIREMENTS AND GUIDE FOR SETTLEMENT VISA (FIANCE) VISA IN THE U.K.
Visa Online Assistance has helped clients from the Philippines, Srilanka, Singapore, Egypt, South Africa. Uganda, India and Pakistan to name a few, in reapplying and obtaining an approval of their refused application or first application be approved! We’ve assisted also clients from New Zealand for PR application approval, Australia for a temporary visa, among many other types of visa for several countries. Contact Visa Online Assistance at info@visaonlineassistance.com