Spouse Visa Refusal Appeal Process

Spouse Visa Refusal Common Reasons

UK Spouse Visa refusal

The procedure for obtaining a spouse visa may take time and effort. No one wants to be apart from a loved one; therefore, it’s distressing when the Home Office rejects a Spouse Visa application. Good news! Increase your chances of getting your Spouse Visa approved. Plus, if the authorities deny it, you can take steps to handle the situation.

If your spouse’s visa application has been denied, the experienced immigration advisors at UK Immigration Solicitors will assist you. To determine if you are eligible to appeal, we may communicate with the Home Office to learn the reasons for the rejection. If you need top-notch legal assistance throughout your appeal, one of our attorneys can handle that. Contact an immigration lawyer in London, Manchester, or Birmingham, or locate the nearest office using our handy office locator. Call  0203 384 4389 or submit an online form now for guidance on your choices.

Spouse Visa Refusal Common Reasons 

There are various reasons why the Home Office might reject a Spouse Visa. It may be because you need to fulfil the Spouse Visa eligibility standards, such as financial or actual connection requirements. Most Spouse Visa refusals happen because of missing documents. It’s not usually because you’re ineligible. You need to show you meet the criteria.

Establishing genuine relationship criteria can be tricky. If you don’t meet them, your application might be rejected. Your proof of a real connection with your spouse needs to be stronger. It may also be denied if you file less paperwork, and it sparked concerns that you did not plan to reside with your spouse after marriage.

The Home Office trains to spot marital fraud in Spouse Visa applications. Navigating the highly rigorous requirements without the guidance of a skilled immigration lawyer can make it difficult to negotiate, so it’s typical to have your Spouse’s Visa declined.

How to Proceed if Your Spouse’s Visa is Denied?

Refusing your spouse’s visa may be a distressing experience that can seriously affect your hopes of moving to the UK to live with your family. An appeals mechanism is available to contest a UK Spouse Visa denial.

Article 8 of the European Convention on Human Rights allows you to challenge a spouse visa denial based on human rights. It specifies that:

“Everyone is entitled to respect for their home, family, communications, and privacy…Except in cases where it is required by law and is essential in a democratic society for economic stability, public safety, national security, the prevention of disorder or crime, the defence of morality or health, or the preservation of others’ rights and freedoms, public authorities shall not interfere with the exercise of this right.”

Assume that by refusing to grant you a UK Spouse Visa, the Home Office violated its duties under Article 8. If this is the case, immigration officials could compel them to reconsider their assessment of your Spouse Visa application, and you might receive permission to stay in the UK.

What the Spouse Visa Appeal Process Includes?

The decision letter you get from the Home Office often outlines your alternatives. You need to find out from that letter if you have the right to appeal and how to do so.

Within 14 or 28 days of receiving your decision letter, you must submit an appeal form to proceed with your visa appeal. Those who applied from inside the UK to convert from another kind of visa to a spouse visa had 14 days, while those who applied outside the UK had 28 days.

You can have your appeal decided upon based on the information you provided on the form, or you may have an oral hearing where representatives from your organisation may testify. 

You may include any supporting documentation with your appeal form to demonstrate your eligibility for the visa. This may contain fresh data that strengthens your case but that you previously withheld from the Home Office.

We will provide a date if you would like an oral hearing by phone, video conference, or in person in a UK tribunal office.

The appeals procedure may take many weeks or months. The Home Office will review its judgement and, in most circumstances, issue you the Spouse visa if your appeal for a UK spouse visa is successful. You may be entitled to file a case with the Upper Tribunal if the appeal is unsuccessful.

Can I reapply if my previous spouse visa application was Rejected?

Absolutely. You may submit a new application if you decide not to appeal or if your appeal was denied. Before proceeding, confirm that you fulfil the prerequisites and own everything lacking in the last rejection. Below are some more pointers.

How to Lower Your Chances of a UK Spouse Visa Rejection

Below are the possible grounds for the denial of your Spouse visa application. Most often, because you’re not eligible for the visa, you made an error in your application or needed more paperwork to support your eligibility.

Ensure you prepare your application correctly to increase its chances of acceptance when reapplying for a UK spouse visa. Ensure everything is correct, and provide sufficient proof that you fit the criteria for a spouse visa.

Your documentation proves you’re a real couple living in the UK with your British partner. This includes a marriage or civil partnership certificate, lease or tenancy agreements, and pictures of you together. Each document should show your relationship and residency in the UK. You must also provide documentation attesting to your compliance with all other visa conditions, including financial ones.

If you’re thinking about appealing or reapplying, it’s best to consult an immigration attorney. They can advise you on the route most likely to get you a spouse visa. They will also ensure that they do everything correctly to boost your chances of success.  To talk, give us a call at  0203 384 4389. Alternatively, use our live chat feature or contact form.

Is it Possible to Appeal a spouse Visa Rejection?

If the Home Office denies your spouse’s visa, you can’t get an Administrative Visa Review. You have to follow the appeals procedure instead.

If your appeal is unsuccessful, you may be entitled to file a case with the Upper Tribunal. If successful, the Home Office will reverse its judgement and provide you with a Spouse Visa. You may take your case to the Upper Tribunal if you are unsuccessful in your appeal against the denial of your spouse’s visa. If you feel that the First-tier Tribunal (Immigration and Asylum) mismanaged your case in any manner, you can have it reviewed by the Upper Tribunal.

 

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