UK Spouse Settlement : 'Subsisting and Genuine'

[athousand]

I'm in the process of submitting a UK settlement visa  for my soon to be wife. I'm confident about all the requirements apart from the 'subsisting and genuine' one - for no reason other than it is somewhat vague. 

 

We've been together 3 years and 3 months, and I've been in Thailand living with her for 35 months of that time, and I've been in the UK (at one time for one month, apart from that no longer than 18 days), split over various visits to my family for a total of 3.5 months. Reasonably, I would think, there would be no issue of demonstrating a 'subsisting and genuine' relationship. However, I was not aware of this requirement until relatively recently so would like to know how much evidence to supply. We have joint rental contracts since March 2016. I will still be here when the application is submitted. We have bank statements going back a year, with our condo's address, showing transfers from myself to her. The internet contract is in her name, showing this address. We visited the UK in 2015 on a visit visa. We have photos spanning our entire relationship with friends, at weddings, with both our families etc. We have flights together to the UK, Hong Kong and Vietnam. 

 

I guess I have become paranoid, in a sense because of conflicting advice on various forums and from agents, such as that we need to show evidence of our communication (like emails) during the times we were apart. We use Line Message and have changed both our phones recently so all of that is gone. We also don't have joint bank accounts (not possible on my tourist visa) or utility bills in both our names. 

 

I'm hoping I've become paranoid and that I have plenty of evidence. I've tried to contact agents and sollicitors however it often seems I need to sign up to a full package (which I don't really need) before I can get any information or advice. 

 

Does anyone here have any experience that might be similar, of getting the spouse settlement - if  you could let me know what evidence you submitted for the 'genuine and subsisting' relationship it would be very much appreciated! 

[rasg]

I had known my now, wife, four months when she applied for her first VV back in May 2015. A second VV for December 2015 and then in March 2016 she applied for her Settlement (Fiancée) visa. We were married in June last year and she applied and got FLR last September.

 

Apart from the first VV we never supplied Skype of Whatsapp logs or emails at all. I pointed out printouts of them all would weigh more than the baggage allowance to Bangkok.

 

As long as you have evidence showing you are a couple and you seem to have plenty you will be fine. Flight and hotel bookings together are good along with the property info.

[TCA]

As you've been living together as a couple you won't be expected to provide proof of emails, texts and phone calls for the short time you've been apart, but I'd maybe give brief details of how long you've been together (and apart) in your covering letter. UKVI will get copies of your passport from you but no harm in summarising how long you've known each other and stayed together. The email/text/calls stuff is more relevant to couples that have mostly been living apart prior to the application.

 

With regard to showing the genuine and subsisting relationship, I'd go for the "belts and braces" approach and supply everything you have either in joint names or individual names at the same address and include the bank statements showing the transfers between you. Likewise I'd include the flight tickets and maybe a selection of photos but wouldn't go daft with them. Just a selection (with dates) over the time you've known each other. If you have anything connecting you both to where you lived before March 2016, include that too.

 

Regarding utility bills for rented property in Thailand, my experience is that most property owners will want to retain electric and water bills in their own names and the ECOs will be aware of this, but no harm in mentioning it if you want to.

 

If you are getting married before making the application, I believe there is less onus on you to prove the genuine and subsisting relationship, at least that's my understanding. It's more akin to proving that you know each other! Overall, just supply everything you have and give explanations for stuff you don't have and I think you'll be fine.

Edited May 4, 2017 by TCA

[athousand]

Thanks rasg and TCA ! That's what I was hoping to hear.