Spouse Visa Refusals
The Spouse Visa has a number of strict requirements and the Home Office may deny applications if the applicant is unable to prove that they meet these requirements. The best way to prevent a Spouse Visa refusal is to seek the assistance of a professional immigration lawyer when making your initial Spouse Visa application.
If your Spouse Visa application is refused by the Home Office, this decision can be challenged through the appeal process.
What can I do to avoid a UK Spouse Visa refusal?
Spouse Visa applications are refused for a variety of reasons, but most UK Spouse Visa refusals are not issued due to the ineligibility of the applicant, but rather due to mistakes within the application or not enough evidence in the application to prove that the applicant meets the requirements.
To avoid a UK Spouse Visa refusal you should be sure that your application is completed to the highest standard, is free from mistakes and that you have a substantial portfolio of evidence to prove that you meet the requirements.
One of the most difficult requirements to prove that you can meet is the genuine relationship requirement, you’re supporting documents are incredibly important for this and could be the difference between your UK Spouse Visa application being refused or accepted. To prove that your relationship with your UK partner is genuine you will need to submit documents including your marriage certificate, previous tenancy agreements, joint bank account statements, holiday booking confirmations, photographs together and much more.
What are the requirements for a successful Spouse Visa application?
Although most Spouse Visa refusals are not due to the applicant being ineligible, you should make sure that you can meet all of the requirements before making a Spouse Visa application. To be eligible, you must be married to or in a civil partnership with a British citizen or someone who has settled status in the UK. There are also other requirements that you will need to meet. The Spouse Visa requirements include:
- Proving your relationship with your UK Spouse is genuine and subsisting
- Meeting the minimum income threshold and the financial requirements
- Demonstrating your knowledge of the English language
- Having proof of suitable accommodation for you, your partner and any dependents
You may also need to have a Tuberculosis test depending on the country your are coming from.
What happens if my Spouse Visa application is refused?
Having your Spouse Visa application refused could ruin your plans to reunite with a loved one on the UK, refusals can be disheartening, particularly because the initial application process is stressful, time-consuming and expensive. However, if your Spouse Visa has been refused you may be able to appeal the decision.
You can appeal a Spouse Visa refusal under human rights grounds using Article 8 of the European Convention on Human Rights which states that:
“Everyone has the right to respect for his private and family life, his home and his correspondence…There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”
If the Home Office is found to have breached their obligations under Article 8 by issuing you a UK Spouse Visa refusal, they may be forced to review their decision about your Spouse Visa application and you could be granted leave to remain in the UK.
If you are not eligible to appeal the Home Office’s decision, you can still apply for a Spouse Visa again.
How can London Immigration Lawyers help?
Our London Immigration Lawyers are experts when it comes to Spouse Visa applications, they know exactly what it takes for a Spouse Visa application to be successful and are also knowledgeable about the most common reasons for a UK Spouse Visa refusal and how they can be avoided.
Our lawyers offer a variety of services to assist with UK Spouse Visa applications, these include:
- Assessing your eligibility for the UK Spouse Visa
- Filling in the application form and any other paperwork on your behalf
- Helping you to put together a substantial portfolio of supporting documents
- Writing a Letter of Recommendation to support your application
- Thoroughly checking your application form and supporting documents to ensure there are no mistakes
- Liaising with the Home Office on your behalf for updated on your applications progress
By using the assistance of a professional immigration lawyer you will greatly reduce the chances of a Spouse Visa refusal. However, if your Spouse Visa application is rejected by the Home Office, our lawyers can also support you throughout the appeal process. Our lawyers are trained in all areas of UK immigration law, including the appeal process, they can discuss your situation with you, answer any questions that you may have about the appeal process and will be there to guide you each step of the way.
For more information on our appeal services or to get started on your Spouse Visa application, get in touch with our team today on 020 4502 8582.
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