Understanding the UK Marriage Visa and the Importance of a Subsisting Relationship
If you’re living in the UK on the basis of your marriage to a British citizen or someone with Indefinite Leave to Remain (ILR), your right to stay in the country is directly tied to the status of your marriage. While being married is the initial requirement, it is not enough on its own. You must also demonstrate that your marriage is subsisting—meaning the relationship is ongoing and genuine.
The Importance of a Subsisting Marriage
The UK Home Office requires that individuals on a marriage visa actively maintain their relationship. If the marriage deteriorates or breaks down, your leave to remain in the UK could be jeopardized. Simply having a marriage certificate is not sufficient; the authorities need proof that the relationship continues to thrive.
Demonstrating a Genuine and Ongoing Relationship
To ensure compliance with immigration laws, you must provide evidence that your marriage is active and real. One of the simplest ways to do this is by proving that you and your spouse are cohabiting. Living together under the same roof is a strong indicator of a continuing relationship. While occasional disagreements and conflicts are normal in any marriage, the key factor is that the couple remains together.
Consequences of a Failing Relationship
If the Home Office determines that your marriage is no longer subsisting, your visa could be curtailed, meaning you may lose your right to stay in the UK. It is, therefore, crucial to maintain proper documentation, such as joint utility bills, tenancy agreements, and other proof of shared living arrangements, to avoid potential visa issues.
Final Thoughts
For those residing in the UK on a marriage visa, the legal obligation goes beyond the initial union—it extends to maintaining a visible and verifiable relationship. Ensuring that your marriage remains subsisting is essential to securing your right to stay in the country. If you find yourself in a difficult situation regarding your visa, seeking legal advice from an immigration expert may be a wise step to protect your status in the UK.