When making a UK visa application on the basis of the Applicant’s relationship with their British, settled or EEA national partner, it is important that the genuine relationship requirement is satisfied; otherwise, the Home Office may view the relationship to be one of convenience and for the purpose of obtaining an immigration advantage. Our immigration experts have a vast amount of experience in preparing successful partner based applications, therefore Applicants should schedule a consultation to speak with one of our immigration Solicitors in order for us to assess whether the genuine relationship requirement, as well as the other conditions, are met.
What is the Genuine Relationship Requirement for Partner Based Visa Applications?
All UK partner-based visa applications; whether considered under the Immigration Rules or the EEA Regulations, must demonstrate that there is a genuine relationship between the Applicant and their settled Sponsor. The Home Office requires a substantial amount of evidence in order to determine whether the relationship is genuine and subsisting, otherwise, the marriage could be seen as a sham and for the purpose of the Applicant gaining an immigration advantage and there is no subsisting intention to live together as a married couple.
Under sections 24 and 24A of the Immigration and Asylum Act 1999, as amended by section 55 of the Immigration Act 2014, a sham marriage or civil partnership is one in which:
- one or both of the parties is not a British citizen or an EEA or Swiss national;
- there is no genuine relationship between the parties;
- either or both of the parties enter into the marriage or civil partnership for the purpose of avoiding UK immigration controls, including under the Immigration Rules or the Immigration (EEA) Regulations 2006.
Under European Union (EU) law marriages of convenience are defined as marriages contracted for the sole purpose of obtaining a right of free movement and residence under Directive 2004/38/EC (‘the Free Movement Directive’) to which someone would not otherwise be entitled. The key factor in a marriage of convenience is the absence of intention of the married couple to be involved in a genuine and subsisting marriage or relationship akin to marriage and the creation of a family unit.
What are the consequences of not demonstrating a Genuine Relationship?
If the Home Office is not convinced that the relationship between the Applicant and Sponsor is not genuine and subsisting, the application will first and foremost get refused. Both applications made under the Immigration Rules and the EEA Regulations can attract a right of appeal against the decision. If by the end of the appeals process the courts uphold the Home Office’s decision to refuse the partner application on the basis that the relationship is not deemed to be genuine and subsisting, then the Applicant will be removed from the UK and there will be doubt as to the genuineness of the relationship for future applications.
It is therefore extremely important that sufficient evidence is submitted with the initial application, in order to avoid the lengthy and costly appeal process.
Using Legal Representation to satisfy the Genuine Relationship Requirement for Partner Based Visa Applications
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a partner application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully satisfy the Genuine Relationship Requirement for Partner Based Visa Applications
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.
Our offices are located in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.