Spouse visa UK Refused

The UK government has recently announced an upward adjustment to the minimum income requirements, which will increase from £18,600 to £29,000. Further planned increases are set for £34,500 and ultimately £38,700, effective from April 2024. This change impacts three-quarters of the British population.

If you’re facing issues with your Spouse Visa due to this change, our immigration lawyers are ready to assist you.

Call us immediately at 0203 384 4389 and get instant help and guidance. Our team can assist you in person, over the phone, or online.

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Appeal UK Spouse Visa Refusal

No one wants to be apart from a loved one, and the Home Office’s rejection of several Spouse Visa applications adds insult to injury. The procedure for applying for a Spouse Visa is long and complicated. Fortunately, there are things you can do to improve your Spouse Visa application’s chances of approval, and there are also things you can do to deal with a rejection.

If you have experienced the rejection of your Spouse Visa, the team of knowledgeable immigration solicitors at UK Immigration Solicitors is prepared to assist you. We can check with the Home Office to determine the reason for the rejection and let you know whether you have the right to appeal.

If you need top-notch legal assistance throughout your appeal, one of our lawyers is here to help. Our immigration lawyers are available in London, Manchester, and Birmingham, or you may use our office locator to choose the location that is most convenient for you. Call 0203 384 4389 or submit an online form now for guidance on your choices.

Our experienced UK immigration Solicitors can help you with your immigration process.

Common Reasons For Spouse Visa UK Refusal

The Home Office may reject a Spouse Visa application for a variety of reasons. It might be because you don’t have enough money or don’t have an actual relationship to qualify for a Spouse Visa. The majority of Spouse Visa denials are not because the applicant is ineligible, but rather because there is insufficient proof that you can fulfil the criteria.

You risk having your application rejected if the proof you provided to show that your partnership with your spouse is not real is insufficient, as it may be extremely hard to establish that you fulfil the genuine relationship criteria. Submitting too many papers could lead to its rejection if they give the impression that you do not plan to live with your spouse after the wedding.

There has been training at the Home Office to identify cases of spouse visa applicants committing marriage fraud. It is typical to have your spouse’s visa denied due to their strict requirements, which may be challenging to negotiate without the help of an experienced immigration lawyer.

Our experienced UK immigration Solicitors can help you with your immigration process.

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How to Proceed If Your Spouse Visa is Refused

The denial of a spouse visa is a distressing experience that may ruin a person’s hopes of reuniting with their family in the United Kingdom. It is possible to appeal a UK Spouse Visa denial, which is great news.

According to Article 8 of the European Convention on Human Rights, you have the right to appeal a spouse visa rejection based on human rights. This means that:

Everyone has the right to privacy, including in their personal lives, at home, and in their communications. No public authority may infringe upon this right unless doing so is permissible by law and is essential in a democratic society for reasons such as preserving the nation’s security, public safety, or economic health, preventing disorder or crime, safeguarding health or morals, or protecting the rights and freedoms of others.

Furthermore, if it is determined that the UK Spouse Visa denial was based on a violation of Article 8 by the Home Office, they may be compelled to reconsider their decision and allow you permission to stay in the UK.

Our experienced UK immigration Solicitors can help you with your immigration process.

Reasons for UK Spouse Visa Refusal

If you are applying for a Spouse Visa, you must provide proof of a continuing relationship. The Home Office is responsible for detecting fraudulent marriages; as such, they will examine your records thoroughly to determine whether or not your relationship has been continuous.

The belief that the procedure is reasonably straightforward is a common error when it comes to Spouse Visas. You should have an excellent chance of convincing the Home Office that the relationship is genuine if it is sincere and there was a true wedding. Nevertheless, the Home Office will review your application for any inconsistencies to reject your spouse visa, especially as the complexity of fraudulent applications increases.

A Spouse Visa refusal letter might be sent due to minor concerns, which can be quite upsetting for couples who are really in a relationship. The applicant must be ready for a thorough examination of all documents related to the Spouse Visa application.

Our experienced UK immigration Solicitors can help you with your immigration process.

Things to Do to Reduce the Chance of a UK Spouse Visa Refusal

Your Spouse’s visa application may have been rejected for the reasons listed above. The most common reasons for this include visa ineligibility, application errors, or a lack of supporting documentation.

Make sure your application is complex and well-prepared if you want to avoid rejection when you reapply for a UK spouse visa. Take the time to double-check everything and make sure you have all the necessary documents to indicate you qualify for the Spouse visa.

You should provide paperwork that proves your legal bond to your British partner or someone who has established permanent residency in the UK. Examples of such paperwork include marriage or civil partnership certificates, lease or tenancy agreements, and even photos of the two of you. You must also provide proof that you satisfy all of the financial and other criteria for this visa.

Whether you are considering an appeal or a reapplication, it is advisable to consult an immigration lawyer. They can advise you on the best course of action to increase your chances of receiving a spouse visa. Call us at 0203 384 4389 or use our contact form to get in touch with us now.

Our experienced UK immigration Solicitors can help you with your immigration process.

An Overview of the Appeal Spouse Visa Refusal UK

Typically, the Home Office will outline your available choices in the decision letter you get. You should find out if you have the right to appeal and how to do so in that letter.

Submitting an appeal form within fourteen or twenty-eight days after receiving your decision letter is the first step in proceeding with a visa appeal. Individuals applying from inside the UK for a Spouse visa transfer have 14 days to complete the process, while those applying from outside the UK have 28 days.

When you fill out the appeal form, you can choose whether the decision is based on the information on the form or on a formal meeting where you and your agents can be present. An additional charge of £80 (not including a hearing) or £140 (with a hearing) is required for visa appeals.

You are free to include any evidence that supports your eligibility for the visa in your appeal form. Additionally, you may also need to provide additional material that supplements the proof you already have or that you didn’t submit to the Home Office before.

You may schedule an oral hearing by contacting a UK tribunal office, speaking with a representative over the phone, or participating in a remote video call.

A few weeks to a few months can pass throughout the appeals procedure. In most circumstances, the Home Office will rethink their judgement and award you the Spouse visa if your appeal against the UK spouse visa is successful. Your next best bet, should the appeal fail, is to take your case to the Upper Tribunal.

Our experienced UK immigration Solicitors can help you with your immigration process.

Frequently Asked Questions (FAQs)

Most of the time, a child needs a visa in order to live in the UK. For instance, if their parent is a foreign national working or studying in the country, the child may need a Child Dependant Visa.

The Home Office’s refusal of a spouse visa does not allow for an Administrative Visa Review; instead, you must go through the appeals procedure. If the refusal of your Spouse Visa would violate your Human Rights Act-protected right to privacy, you may be eligible to request a hearing on the matter.

The Home Office will likely reverse their judgement and provide the Spouse Visa if you are successful. You have the option to take your case to the Upper Tribunal if you are unsuccessful in appealing the refusal of your Spouse Visa.

If you feel that authorities mismanaged your case in any way, you can choose to have the Upper Tribunal examine it. The Upper Tribunal handles appeals against judgments issued by the First-tier Tribunal (Immigration and Asylum).

Yes. You have the option to submit a new application if you’re not interested in appealing or if authorities deny your appeal. Get all the things you were lacking that caused the last rejection and make sure you fulfil the standards before you do that. 

Initial Spouse Visas are valid for 33 months if applied from outside the UK and 30 months if applied from inside. Before this period, you need to apply for a Spouse Visa extension and provide proof of a continued relationship.

Some individuals get a Spouse Visa extension rejected letter explaining why and what to do. You should not disregard a Spouse Visa extension refusal letter since it may require you to leave the UK or allow you to appeal. You MUST apply within the time limit, because the Home Office will usually punish people who overstay their visas, and you will lose any chance of applying again in the future.

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