Spouse Visa Refusal
A spouse visa refusal can be an upsetting occurrence for both you and your partner. If you are seeking to begin your life in the United Kingdom with your partner, this decision is not necessarily the end of the road. You will be able to appeal this decision or make a reapplication.
Why Use Our Spouse Visa Solicitors
Our spouse visa lawyers have the expertise in applying for spouse and partner visas and will help you decide the right visa option and strategy by:
- Making sure all the necessary documentary evidence is submitted.
- Assisting you as you fill out your UK spouse visa application, guiding you through each section.
- Creating you a strong letter of representation to accompany your application and sponsorship if required.
- Coordinating with the Home Office until a decision is made.
A spouse visa refusal should not be seen as an absolute decision. Once the decision has been received, you have three paths that you can take. All of these are best pursued with the support of an experienced immigration lawyer, who will be able to advise you on which is the best avenue for you.
The first option for you is that you can appeal your visa application refusal. You can do this once you have closely looked at the reasons you have been unsuccessful so that you know on which grounds to challenge the decision.
You may also reapply in order to correct any errors made in your original application which led to your refusal. This may be a quicker option in many cases. If you are applying from overseas, you can also appeal, and may be able to reapply at the same time as your launch your appeal. However, this will be a more expensive and time-consuming option than choosing a single route.
Finally, you could explore the possibility of overturning the refusal before appealing. This is usually more difficult than other options and should only be pursued in cases of obvious errors being made by UK Visas and Immigration, rather than the applicant.
There are many reasons why your spouse visa may be rejected. You may not have sufficiently proven that you have a genuine and subsisting relationship, or you might not meet the financial requirements, or the accommodation requirements expected. However, this does not mean you are ineligible – it is usually simply a case of having not provided enough substantial evidence.
The Home Office is very diligent about detecting marriage fraud or arranged marriages, and any hint that your relationship is not genuine due to insubstantial evidence may be grounds for a refusal.
If your spouse visa is refused, you can challenge this via the appeal process. In many cases, you will appeal by showing that the Home Office has committed a breach, in order to have them review their decision. This will be made with Article 8 of the European Convention on Human Rights which says:
“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 your spouse visa has been refused, you should seek support from a qualified and experienced immigration solicitor as soon as possible. Optimus Law are expert immigration lawyers, and we specialise in both personal and business immigration. We can support you by advising you on the best way for you to appeal and help you to understand the complicated process from beginning to end.
A spouse visa is likely to be refused if the Home Office sees any flaws in your application – this can occur in a number of areas. As well as examining the financial conditions and relationship conditions, the non-British citizen partner will also need to prove their proficiency with the English language in most cases.
If you have not both provided enough documentation to convince the Home Office, this is the main reason for rejection. You will be required to show such documentation as photographs of the two of you together, social media evidence, chat logs and texts, and proof that you have met up in person at least once before marrying. If any of these are missing, or it seems as though you have fabricated them, this may lead to a refusal.
You have the right to either appeal the spouse visa refusal or submit a fresh application.
Sometimes a spouse visa extension may be refused, and this is usually due to minor errors which have been made in your application rather than larger issues, such as the genuineness of your relationship being called into question. In this case, correcting these errors and submitting them again is permitted.
However, if your application is refused, you will not be granted the right to appeal unless you believe the Home Office has made a genuine error, or you invoke the Article 8 right of appeal. There are strict time limits on this, so any appeal on these grounds should be made as soon as the decision is received.
There is no strict time limit on how soon you can reapply after a refusal in general, however, it is advisable that you reapply as soon as possible and correct any errors that caused your initial refusal. This will allow you to receive a decision more quickly.
The appeals process has no hard and fast time frame, varying from case to case, and it can take between six to twelve months.
You may make an appeal either through an oral appeal or in writing. Presenting orally is often thought to be a better option, as it allows you to present your case in person. You will be able to attend the Tribunal representing yourself, or you can appoint your legal representation to represent you.
If your appeal is allowed, you will be issued the visa that you originally applied for. In this case, the Home Office may refund you your Tribunal fee.
Should your appeal be unsuccessful, you may be able to apply to the Upper Tribunal, if you believe that an error has been made. This is not always the case, however, and you should seek further legal counsel to find out what your next step may be.
Our Clients Say
If you are still not sure about choosing us, hear from our clients themselves.
Robina is a very reliable, helpful and experienced immigration solicitor in our area. I had a successful appeal with my Tier 1 applications with the help from Robina.
I’ve loved my experience with Optimus Law. Very friendly staff, easy to talk with, they follow up with you and keep you updated! And surely I will keep using their services.
I required a premium service application to bring my spouse to the UK in time for Christmas and the team at Optimus Law were great. Managed to do everything well before expectation. Professional service would recommend Robina to anyone!!