Student Dependant Visa for civil partners

My partner and I had the civil partnership ceremony in the UK in April 2021 and we got the certificates for that.

We both came to the UK in September 2019 studying our first master’s. After finishing that, I started a PhD in Jan 2021 and she another master’s in Feb 2021. We have stayed in the UK since entering.

Then she submitted an application to switch from her current student visa to student dependant visa in the middle of May and attended the appointment on 3 June.

Today she received an email from home office Atlas that “ Please provide further evidence of a sustaining relationship prior to feb 2021, this can be in the form of dated household bills, bank statements in both names etc, please provide evidence for a minimum of 2 years.

If we do not receive anything within 10 days we will make a decision on the information we already have.”

(The proof of living together she submitted is our tenancy agreement starting from Feb 2021 and lasting one year.)

According to ST 32.3. If the applicant and their partner (who must be a Student, or applying at the same time as a Student) are not married or in a civil partnership, all the following requirements must be met:
(a) they must have been living together in a relationship similar to marriage or civil partnership for at least the 2 years before the date of application; and

I assume the caseworker is looking at this rule and requires further information regarding relationship? But we are civil partners and this rule I believe doesn’t apply to us. And to clarify, we don’t have a relationship of 2 years, we have had 1 year and 2 months. We have lived together for 10 months.

What are your suggestions for this? 1)We could submit proof of living together for as far as we can, the 10 months, and explain the whole situation to them. But would you think that’s helpful? 2)what happened if we don’t send any further information? Would that be a straight refusal?

fshsj6 wrote: ↑

Tue Jun 08, 2021 11:16 am

I assume the caseworker is looking at this rule and requires further information regarding relationship? But we are civil partners and this rule I believe doesn’t apply to us. And to clarify, we don’t have a relationship of 2 years, we have had 1 year and 2 months. We have lived together for 10 months.

It's possible, but more likely that they are checking the separate requirements at ST 32.4 and ST 32.5:

ST 32.4. The relationship between the applicant and their partner must be genuine and subsisting.
ST 32.5. The applicant and their partner (who must be a Student, or applying at the same time as a Student) must intend to live together throughout the applicant’s stay in the UK.

Having formalised your relationship very recently before applying, it is reasonable for them to ask for more evidence that the relationship is "genuine and subsisting" as required by ST 32.4. This would be evidence that you have lived together, if only for 10 months, and some evidence of your relationship for the 4 months before that. Not very personal stuff, but perhaps dated details of the planning of your civil partnership, a letter from friends and/or family who has known you guys as a couple the whole time, etc., perhaps evidence that close family are aware of the relationship. The evidence of you living together would also cover ST 32.5

sah10406 wrote: ↑

Tue Jun 08, 2021 12:40 pm

fshsj6 wrote: ↑

Tue Jun 08, 2021 11:16 am

I assume the caseworker is looking at this rule and requires further information regarding relationship? But we are civil partners and this rule I believe doesn’t apply to us. And to clarify, we don’t have a relationship of 2 years, we have had 1 year and 2 months. We have lived together for 10 months.

It's possible, but more likely that they are checking the separate requirements at ST 32.4 and ST 32.5:

ST 32.4. The relationship between the applicant and their partner must be genuine and subsisting.
ST 32.5. The applicant and their partner (who must be a Student, or applying at the same time as a Student) must intend to live together throughout the applicant’s stay in the UK.

Having formalised your relationship very recently before applying, it is reasonable for them to ask for more evidence that the relationship is "genuine and subsisting" as required by ST 32.4. This would be evidence that you have lived together, if only for 10 months, and some evidence of your relationship for the 4 months before that. Not very personal stuff, but perhaps dated details of the planning of your civil partnership, a letter from friends and/or family who has known you guys as a couple the whole time, etc., perhaps evidence that close family are aware of the relationship. The evidence of you living together would also cover ST 32.5

Thank you very much. This is a really reasonable explanation, and your suggestions are really valuable. Now the only thing that worries me is the "minimum 2 years" of support materials. I don't understand why they must say that when what they want is we justify the genuineness and subsisting nature of our relationship. The matter is about genuineness not the length, no?

fshsj6 wrote: ↑

Tue Jun 08, 2021 3:40 pm

I don't understand why they must say that when what they want is we justify the genuineness and subsisting nature of our relationship. The matter is about genuineness not the length, no?

Yes. But as you suggested, it may also be that they just did not notice that you have already provided evidence of a formal civil partnership, not an unmarried partnership, and therefore the 2 years doesn't come into it. There is no 2 years requirement for being "genuine and subsisting". Genuine means not a fake relationship, and subsisting means that it is still a going concern today.

The caseworker seems confused, but as long as you are clear, you will be fine.

If in a worst case scenario it was refused for not providing 2 years of evidence that you are a couple, that would be their error which would be overturned

sah10406 wrote: ↑

Tue Jun 08, 2021 3:51 pm

fshsj6 wrote: ↑

Tue Jun 08, 2021 3:40 pm

I don't understand why they must say that when what they want is we justify the genuineness and subsisting nature of our relationship. The matter is about genuineness not the length, no?

Yes. But as you suggested, it may also be that they just did not notice that you have already provided evidence of a formal civil partnership, not an unmarried partnership, and therefore the 2 years doesn't come into it. There is no 2 years requirement for being "genuine and subsisting". Genuine means not a fake relationship, and subsisting means that it is still a going concern today.

The caseworker seems confused, but as long as you are clear, you will be fine.

If in a worst case scenario it was refused for not providing 2 years of evidence that you are a couple, that would be their error which would be overturned

Great. I'm encouraged now. I'll see what I can do. Thank you so much! Have a nice evening!