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A spouse visa UK makes it simpler for loved ones to plan their future together as well as enable them to come together and live together in the country. The procedure appears simple on paper. It may be hard and stressful when things go differently than planned and receive a UK Spouse Visa refusal.
We’ve put together this thorough guide to provide you with an extensive overview of the typical reasons for UK spouse visa refusal as well as instructions on how to file an appeal in this situation.
What are UK Spouse Visa Rejection Reasons?
The Home Office may reject a Spouse Visa for a number of different reasons. It could be because you don’t meet the requirements for the Spouse Visa. These requirements include having enough money or being in a real relationship. Many times, though, people don’t get Spouse Visas because they aren’t eligible. Instead, it’s because they don’t have enough proof to show that they can meet the standards.
It can be very hard to show that you meet the “real relationship” requirement. Your application could be denied if the proof you gave was not strong enough to show that your relationship with your partner is real. Submitting too many documents could lead to rejection if they give the impression that you do not intend to live with your spouse after the wedding.
The Home Office knows how to spot cases where people try to trick them into Spouse Visa applications. Their rules are really strict, and they can be confusing without someone who knows a lot about immigration law. These are the main spouse visa uk refusal reasons.
How to Proceed if Your Spouse’s Visa is Denied?
Refusing your Spouse’s Visa can be upsetting and often makes it less likely that you will be able to join your family in the UK and start a life together here. Luckily, if your UK Spouse Visa is refused, you can appeal the decision.
If your Spouse Visa was denied because of human rights concerns, you can use Article 8 of the European Convention on Human Rights to file an appeal. This article says:
“Everyone deserves privacy and family time, as well as protection for their home and personal correspondence. Public authorities shouldn’t meddle in these rights unless it’s required by law and serve a legitimate purpose in a democratic society, such as national security, public safety, or economic well-being. It can also be allowed to prevent disorder or crime, protect health or morals, or safeguard the rights and freedoms of others.”
Your application for a UK Spouse Visa may be reopened and you may be allowed to stay in the country if it is discovered that the Home Office violated Article 8 of the agreement by refusing to give you the visa.
What to expect during the spouse visa appeal process?
The decision letter you receive from the Home Office often outlines the options available. You ought to be able to find out from that letter whether you have the right to appeal and how to do so.
Within 14 or 28 days of receiving your UK spouse visa refusal letter, you must submit an appeal form if you want to proceed with your visa appeal. Those who applied from within the UK to convert from another type of visa to a spouse visa had 14 days, while those who applied from outside the UK had 28 days.
When filling out the appeal form, you can choose to have a decision made based on the information you provide. You can opt for an oral hearing where counsel may represent you. In addition, you will have to pay a visa appeal cost. £140 if you want a hearing, or £80 if you don’t.
You can include any supporting documentation with your appeal form to demonstrate your eligibility for the visa. This could include fresh information that you did not previously disclose to the Home Office but that strengthens your case.
If you want to speak directly, we’ll provide you with a date for your hearing either in person at a UK tribunal office, over the phone, or through a video call.
The appeal can take a while, from a few weeks to several months. If your UK spouse visa appeal is accepted, the Home Office will review it. And usually give you the visa. If the appeal is rejected, you can try bringing your case to the Upper Tribunal.
Can I Reapply for a Spouse Visa After Rejection?
Absolutely. You can submit a new application if you decide not to appeal or if your appeal was denied. Make sure you meet all the conditions. Moreover, you have everything you need to avoid the refusal again before proceeding. Below are some additional tips.
Tips to reduce your chances of UK spouse visa Refusal
Above, we list the reasons why your application for a spouse visa may have been denied. Most often, it’s because you’re not eligible for the visa. You made a mistake in your application. Sometimes, you didn’t provide enough documents to support your eligibility.
Ensure you carefully prepare your application to avoid rejection when reapplying for a UK spouse visa. Make sure everything is correct, and provide sufficient proof that you fit the requirements for a spouse visa.
Your paperwork must demonstrate that you are in a genuine relationship with your partner or an individual who settle in the UK. This can include things like marriage certificates, rental agreements, and photos together. You also need to prove you meet the financial and other requirements for the visa.
Whether you’re thinking of appealing or reapplying, it’s a good idea to talk to an immigration lawyer to see which option gives you the best chance of getting the Spouse visa. You can call us today at 02033844389 to talk about it. Also, you can reach out through live chat or a contact form.
Need Assistance With Spouse Visa Refusal?
Our lawyers can assist you if your spouse’s visa is denied. We at UK Immigration Solicitors are specialists in every aspect of UK immigration law, including appeals law. You can increase your chances of success if you work with one of our solicitors. He will help you with your Spouse Visa application. Throughout the application process, your solicitor will support you. Also, make sure you have all the paperwork needed to demonstrate your ability to meet the conditions for eligibility.
