Speak to an Immigration Lawyer today01204 531 535Monday to Friday, 9am to 5pm07875 622 154
Compass Immigration Law

Home → Glossary → Family & partner

Family & partner

What is a genuine and subsisting relationship?

A genuine and subsisting relationship is a requirement in the UK Immigration Rules for partner applications. The relationship must be real and must still be continuing at the date of application. Under Appendix FM the couple must also have met in person and intend to live together permanently in the UK.

Key points

  • The Rules for Appendix FM partners say the relationship must be genuine and subsisting. The couple must also have met in person.
  • An unmarried couple must have been in a relationship similar to marriage or civil partnership for at least 2 years before the application.
  • There is no single required document. Home Office guidance ranks evidence in 3 tiers, with tenancy, bills and joint bank statements in the strongest tier.
  • A couple who live apart can still qualify. For example, GOV.UK mentions work, study or cultural reasons, and asks for evidence of ongoing commitment.
  • Evidence older than 4 years is placed in the lowest tier in the Home Office guidance.

How the genuine and subsisting relationship test works

The test appears in the partner rules of Appendix FM. For entry clearance as a partner, the relationship between the applicant and their partner must be genuine and subsisting.[1]Home Office, Immigration Rules Appendix FM: family members The same is required for leave to remain.[1]Home Office, Immigration Rules Appendix FM: family members The partner rules sit beside other relationship requirements. Both partners must be 18 or over and must not be within the prohibited degree of relationship. Any previous relationship must have broken down permanently. If they are married or in a civil partnership it must be a valid one. They must intend to live together permanently in the UK.[1]Home Office, Immigration Rules Appendix FM: family members

The couple must also have met in person.[1]Home Office, Immigration Rules Appendix FM: family members Home Office guidance says “met” implies a face-to-face meeting that results in mutual acquaintance. A mutual sighting followed by phone or written contact is not enough.[2]UK Visas and Immigration, Family life (as a partner or parent) and exceptional circumstances (caseworker guidance)

The same wording appears in Appendix Relationship with Partner, which covers many other routes. It requires the couple to have met in person and the relationship to be genuine and subsisting.[4]Home Office, Immigration Rules Appendix Relationship with Partner Home Office guidance for those routes is separate from the guidance for Appendix FM.[5]UK Visas and Immigration, Relationship with a partner: caseworker guidance (accessible)

Who counts as a partner

Appendix FM defines a partner as a spouse, a civil partner, a fiancé(e) or proposed civil partner, or an unmarried partner who has been in a relationship similar to marriage or civil partnership for at least 2 years before the date of application.[1]Home Office, Immigration Rules Appendix FM: family members The 2-year period must be completed before the application. The guidance says it does not require evidence of living together for the whole period. The essential point is that the relationship has been genuine and subsisting for the 2 years and continues at the date of application.[2]UK Visas and Immigration, Family life (as a partner or parent) and exceptional circumstances (caseworker guidance)

If a genuine couple have been together for less than 2 years and are not married, the definition is not met. The guidance says Appendix FM then cannot be satisfied other than on the basis of exceptional circumstances.[2]UK Visas and Immigration, Family life (as a partner or parent) and exceptional circumstances (caseworker guidance)

What evidence is used

GOV.UK lists examples of evidence rather than one required document. It says to send evidence from a government body, bank, landlord, utility provider or medical professional that confirms the relationship and is less than 4 years old. It gives examples such as a marriage certificate, a tenancy agreement, utility or Council Tax bills, a joint bank statement and a letter from a doctor or dentist.[3]Home Office, Family visas: Apply as a partner or spouse

The Home Office guidance for Appendix FM gives a non-exhaustive list in 3 tiers. Tier 1 is the most valued evidence and tier 3 the least.[2]UK Visas and Immigration, Family life (as a partner or parent) and exceptional circumstances (caseworker guidance)

Tier 1 Tier 2 Tier 3
Tenancy agreement Electoral register confirmation Greetings cards
Council Tax bill Student finance document showing a UK address Documents dated more than 4 years before the application
Utility bill Other dated UK-addressed domestic bills Message transcripts and photographs
Marriage certificate Train and flight tickets, holiday bookings
Joint bank statement Wedding or engagement invitations
DWP or HMRC letters showing the family unit Letters of support from friends, relatives or religious leaders with British citizenship
Medical and GP registration letters Shopping and meal receipts

A marriage or civil partnership must be evidenced with a valid certificate as set out in paragraphs 22 to 26 of Appendix FM-SE.[2]UK Visas and Immigration, Family life (as a partner or parent) and exceptional circumstances (caseworker guidance)

Living apart

GOV.UK says that if you cannot live together because of work or study, or for cultural reasons, you need to prove an ongoing commitment. You can show this with evidence that you communicate regularly, support each other financially, care for any children you have together and spend time together as a couple.[3]Home Office, Family visas: Apply as a partner or spouse The Home Office guidance for Appendix FM mentions couples living apart for work reasons within its discussion of the 2-year period.[2]UK Visas and Immigration, Family life (as a partner or parent) and exceptional circumstances (caseworker guidance)

Example

Leila and Marcus are not married. They have been together for 3 years and Marcus works away for 8 months of the year. They share a tenancy agreement in both names and a joint bank account. They also have flight tickets, messages and photographs from his visits.

  • Tenancy agreement and joint bank statement: tier 1
  • Flight tickets, messages and photographs: tier 3

On the Home Office list, the tier 1 documents carry the most weight. The tier 3 items show the relationship continues while they are apart. The 2-year period has been completed, so the partner definition is met on the dates given.[2]UK Visas and Immigration, Family life (as a partner or parent) and exceptional circumstances (caseworker guidance)

What people get wrong

Both words in the test count. The evidence has to show a relationship that is real, and one that is still continuing at the date of application.

Three points follow from the sources. The first is relying on weak evidence alone. The guidance puts photographs, messages and greetings cards in the lowest tier.[2]UK Visas and Immigration, Family life (as a partner or parent) and exceptional circumstances (caseworker guidance) The second is relying on old documents. GOV.UK asks for evidence less than 4 years old, and the guidance places older documents in tier 3.[2]UK Visas and Immigration, Family life (as a partner or parent) and exceptional circumstances (caseworker guidance)[3]Home Office, Family visas: Apply as a partner or spouse The third is assuming a short relationship can be rescued by evidence. A couple under 2 years who are not married fall outside the partner definition.[2]UK Visas and Immigration, Family life (as a partner or parent) and exceptional circumstances (caseworker guidance)

For routes covered by Appendix Relationship with Partner, Home Office guidance says a relationship can be accepted as subsisting where it is current and continuing, and that there is no specified evidence for proof of relationship.[5]UK Visas and Immigration, Relationship with a partner: caseworker guidance (accessible)

The bottom line

A genuine and subsisting relationship is a real, current relationship that meets the partner definition. The Rules also require the couple to have met, and to intend to live together permanently in the UK. The sources list examples of evidence rather than one required document, with tenancy agreements, bills and joint bank statements in the top tier of the Home Office list. A couple apart for work or study should be ready to show ongoing commitment.

Common questions

Subsisting means the relationship is current and continuing. In Home Office guidance for routes covered by Appendix Relationship with Partner, a relationship can be accepted as subsisting where the partners' circumstances have not changed, or have changed in a way consistent with it continuing.

Not always. For unmarried partners, the guidance says the 2-year period does not require evidence of living together for that whole period. GOV.UK says couples who cannot live together, for example for work, study or cultural reasons, must show ongoing commitment.

The definition of partner in Appendix FM is not met. Home Office guidance says the requirements of Appendix FM then cannot be satisfied other than on the basis of exceptional circumstances.

It is strong evidence, and it is in the top tier in the guidance. A valid marriage or civil partnership must be evidenced as set out in Appendix FM-SE. The relationship must still be genuine and subsisting, and the other partner requirements must be met.

GOV.UK says to send evidence from a government body, bank, landlord, utility provider or medical professional that confirms the relationship, and that is less than 4 years old. Examples include a tenancy agreement, utility or Council Tax bills and a joint bank statement.

Sources

We cite the Immigration Rules, legislation and GOV.UK guidance directly. Rules change, so each source shows the date we last checked it.

  1. Home Office. Immigration Rules Appendix FM: family members. Checked 11 November 2026. ↩
  2. UK Visas and Immigration. Family life (as a partner or parent) and exceptional circumstances (caseworker guidance). Checked 11 November 2026. ↩
  3. Home Office. Family visas: Apply as a partner or spouse. Checked 11 November 2026. ↩
  4. Home Office. Immigration Rules Appendix Relationship with Partner. Checked 11 November 2026. ↩
  5. UK Visas and Immigration. Relationship with a partner: caseworker guidance (accessible). Checked 11 November 2026. ↩

Need this applied to your situation?

Book an initial consultation from £50 + VAT, and we will tell you where you stand - before you spend the Home Office fee.