Genuine and subsisting

[Nick30]

Hi all,

I had a bit of a shock last night when I saw that in order to apply for fiancee visa we would've had to visit one anothers country and live together.

She hasn't been in the UK and I will be seeing her soon when I go to the Phils in a fortnight.
Do we really have to live together before getting a fiancee visa?

Please reassure me.

Thanks :)

[stevewool]

its all changed since we got ours, but all we did was, me going over there having contact for many many months, years, lots of pictures and letters, nothing about her coming over to england, and thats how we did ours, i forgot this, having lots of cash helps too:smile:

[Terpe]

Assessments of an applicant’s relationship to determine subsisting and genuine has always be part of the UKBA consideration of an application.

Decisions on whether a relationship is genuine and subsisting are considered based on the 'picture' as a whole and on all the available evidence.
It's completely on a case-by-case basis taking account of all the circumstances of each individual application. Peoples relationships can be very different.

The caseworkers/ECO's have complete discretion to grant or refuse an application based on their overall assessment of all supporting documents.
Whether a relationship is genuine and subsisting is not a 'checklist' or 'tick-box exercise', it's based on the very individual and specific satisfactory evidence that demonstrates a genuine long-term relationship.

The immigration rules are very clear that the couple must have met in person.
Naturally this means that one or other or even both have visited the other’s home country and family and are able to provide evidence of this.
Importantly UKBA do state that


The fact that an applicant has never visited the UK must not be regarded as a negative factor

So don't worry about that one.

Additionally there is no requirement for fiance(e)'s to have lived together at all. I think you misunderstand the guidance.
Most of the UKBA guidance is written on a 'one-size-fit-all' and not every single sentence is applicable to all cases.
Living together is just one example associated with some forms of genuine and subsisting relationship.

In addition to showing evidence of how your specific relationship is genuine and subsisting, finace(e)'s should also provide evidence that they have discussed their future plans for getting married and that discussions (including respective families) have taken place regarding definite plans concerning the practicalities of the couple living together in the UK.

[Nick30]

Thanks Steve and Terpe. Very helpful advice as always :) having glanced at Yellowcloud post I was a bit shocked on his fiancé refusal maybe I guess because of only 8 pics of them together and not enough time spent.

[jlags90]

Thanks Steve and Terpe. Very helpful advice as always :) having glanced at Yellowcloud post I was a bit shocked on his fiancé refusal maybe I guess because of only 8 pics of them together and not enough time spent.

I had those worries about pictures together before because I only had three photos of me and my fiancee prior to the application. What we did was supply loads of other @evidence@ like poems written for each other, cards, etc.

It might be more strict with the new rules nowadays.