f3681 wrote: ↑Tue Dec 17, 2024 2:04 pm
Is this true?
Quite likely. Merely being in a marriage or civil partnership is not sufficient for the purposes of applying for UK immigration visas. You also need to prove that the marriage is "genuine and subsisting", which is harder, but not impossible, if the couple live separately. They would need to justify the reason for living apart, with a better reason than giving each other space (which would likely raise the flag that the marriage may no longer be subsisting).
f3681 wrote: ↑Tue Dec 17, 2024 2:04 pm
Which part of the legislation mandates this?
Relationship with a partner (caseworker guidance) wrote:Where an applicant has already proven the genuineness of their relationship in a successful application, where there is a subsequent application based on the same relationship, you normally only need to be satisfied the relationship is subsisting. This means that the relationship is current and continuing. You do not need to re-consider whether other relationship requirements are met, as this has already been accepted at previous successful application. You do not need to reconsider evidence already accepted in a previous application.
Generally, a relationship can be accepted as subsisting where the partners’ circumstances have not changed, or if they have changed, they have done so in a way that is consistent with the relationship continuing. This usually involves cohabitation, shared financial responsibilities and shared common household responsibilities, however, there may be circumstances where a relationship is subsisting despite the partners living apart.
If the applicant and their partner are not living together, especially if they have not lived together for a while or they have not lived together since the partner came to the UK, you need to be satisfied there is a reasonable explanation for them living apart. A reasonable explanation might include if they cannot live together temporarily due to work, or if one partner is living temporarily with a close family member to provide care. In such cases you will need to be satisfied the living apart is temporary and that despite it the relationship is still subsisting. You should also expect to see additional evidence of commitment such as shared financial responsibility or visits to be satisfied the relationship has not broken down.
A common approach that others on these forums have taken is providing extensive Whatsapp chat logs to prove that the relationship is still subsisting even in spite of a physical separation. Shared financial responsibilities would also be quite important in such a case.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
