Court of Appeal rules burden for proving sham marriage rests with Home Office > Agho v The Secretary of State for the Home Department [2015] EWCA Civ 1198 (26 November 2015)
New case law on marriages
Naz (subsisting marriage – standard of proof) Pakistan [2012] UKUT 00040(IAC)
Goudey (subsisting marriage – evidence) Sudan [2012] UKUT 00041(IAC) (UK spouse visa: Court clarifies ‘marriage is subsisting’)
Marriage and validity and ‘subsisting’.
See also ILR for partner + living together proof ? Anything?sushdmehta wrote:Evidence of subsisting relationship: When main migrant and dependent (spouse) have recently married or have lived apart for a significant time (e.g. - main migrant in UK and dependent in home country), evidence(s) to prove that the relationship is subsisting reduces / eliminates the risk of entry clearance application refusal for that reason. Such evidence(s) can be wide and varied, and what may be appropriate depends on personal circumstances - wedding card, wedding photographs, emails, internet chat transcripts, phone bills detailing calls, money transfer etc. (see also Dependent EC - evidence of subsisting relationship)
SET3.6 What evidence is required of 'intention to live together'?.
Genuine and subsisting relationships
Chapter 8 - Appendix FM (family members) > Annex FM Section FM 2.0 Genuine and Subsisting Relationship
The Commission’s Handbook on Marriages of Convenience
EU commission's handbook on assessment of Sham marriage
The Importance Of Being Genuine
Displaying genuineness: cultural translation in the drafting of marriage narratives for immigration applications and appeals