Genuine and subsisting marriage

[Becks149]

Hello

I need some advice for a friend.

Her husband came to the UK in July 2021 on a spouse visa. Due to personal issues, they never stayed together for the initial 2 years so he lived in London and worked there. Recently in Aug 2023 he has moved in with her. His 2.5 year visa expires somewhere early in Feb/March. Is it a possibility that his extension visa is refused because their relationship may not be perceived as genuine or subsisting? If the Home Office find out that they never lived together as husband and wife for 2 years, will that affect his application? Suppose, his visa is refused and he has been given a chance to appeal, can he continue staying in the UK until the appeal decision or will he be asked to leave the UK? Also, they have no joint accounts/statements etc. to support their relationship.

[Ticktack]

Hello

I need some advice for a friend.

Her husband came to the UK in July 2021 on a spouse visa. Due to personal issues, they never stayed together for the initial 2 years so he lived in London and worked there. Recently in Aug 2023 he has moved in with her. His 2.5 year visa expires somewhere early in Feb/March. Is it a possibility that his extension visa is refused because their relationship may not be perceived as genuine or subsisting? If the Home Office find out that they never lived together as husband and wife for 2 years, will that affect his application? Suppose, his visa is refused and he has been given a chance to appeal, can he continue staying in the UK until the appeal decision or will he be asked to leave the UK? Also, they have no joint accounts/statements etc. to support their relationship.

It's an unusual situation. Most families stay away due to work for short periods, or run one home and one work zone. But if I understand you clearly, they never lived together akin to marriage.
In my honest opinion, it seems he's moved in now to try to remedy this in preparation for his extension. If you and I can see though this move, so can the HO.
If he's refused, he most likely would be given a right of appeal in country and he can keep fighting his cause.