UK Spouse Visa Refusal Appeal Process

UK spouse visa refusal appeal process
Legally reviewed by: Sherena Lawrence In: Immigration

Ensuring your UK visa appeal is successful

Entering into the UK spouse visa refusal appeal process is a worrying time when your family’s future hang in the balance. However, if you’ve found yourself in this situation, it’s encouraging to know that, on average, 50% of Home Office decisions regarding visas are now overturned. With our expert knowledge, we can help to make your UK spouse visa appeal successful, and have your family reunited as soon as we can possibly manage.

Are you ready to start your appeal process? Our team will be by your side throughout the process, ensuring the highest chance at a successful outcome. 

Can I Apply for a UK Spouse Visa?

A successful application for a Spouse Visa will involve you fulfilling all of the requirements laid out by the Home Office. These include:

  • Reaching the minimum income requirement
  • Being able to prove that you can speak, read and write an acceptable level of English
  • Providing evidence of acceptable accommodation
  • Passing the ‘genuine relationship’ test

Read more about the UK Spouse Visa

Whilst you and your partner will obviously be sure of the genuine nature of your relationship, the level of applications that the Home Office receives for Spouse Visas means that they are incredibly strict on their requirements and investigate every submission very carefully. If you have been refused a UK Spouse Visa, we can help improve a weak application and ensure that you have success in your visa appeal process.

What are Common Reasons for UK Spouse Visa Refusals?

When visa applications are refused, the most common reasons are often that:

  • You’ve failed the English language requirement test
  • You’ve applied for the wrong type of visa for your situation
  • You’ve organised your documents incorrectly
  • You haven’t disclosed convictions
  • You’ve followed incorrect advice

Read more about why your visa may have been refused

You need to prepare for every single visa requirement carefully, and if you’ve not quite met the standards or there has been a slight mistake on your application, it will be immediately refused even if you have successfully fulfilled all the other requirements. Immigration officials are unfortunately not sympathetic to any errors, however minor.

Let us assist you with your appeal process to ensure that your refusal is over-turned, and you can get on with your life together in the UK as quickly as possible.

What are Grounds for appealing a UK Spouse Visa Refusal?

In some cases, the best option is actually to submit a fresh application, rather than going through the tough process of challenging the decision.

For this reason, it is recommended that you seek professional advice in order to find out whether this is the most suitable option for you. If you need support through a brand-new application, get in touch with us.

However, if an appeal is the right choice for you, then it is most likely that your UK Spouse Visa Appeal will be based on Article 8 of the European Convention on Human Rights (ECHR).

Article 8 is an individual’s right to respect for their private and family life, their home and their correspondence. A public authority is not allowed to interfere with the exercise of this right unless they decide that it is necessary for public safety or the economic well-being of the country. Therefore, during a successful appeal, it must be proven that:

  • Your rights under Article 8 have been breached by the UKVI decision in regard to your UK Spouse Visa
  • Their refusal was a disproportionate interference with your right to private and family life

The process to appeal your UK spouse visa refusal

If your UK Spouse Visa application was refused while you were located in the UK, you can challenge the decision within 14 days from the date that the decision was made by directly submitting an appeal to the First Tier Tribunal.

If you are outside of the UK, you have 28 days to appeal. You can request that the decision is just made on the information that is included in your appeal form and any further documents supplied to the tribunal, but you can also request an oral hearing. The fees for this process are £80 without a hearing and £140 with a hearing.

In some cases, you may still be called to attend a hearing even if you did not request one. However, because the circumstances of your appeal will be more carefully considered at a hearing, having expert help to prepare your evidence can majorly benefit your case. With our assistance in this process, you could be reunited with your spouse, and in less time than you would think.

Get started with your visa appeal process with Cartwright King.

Get a decision quickly with our help

A refusal of any visa application is a difficult situation to find yourself in. However, the high success rate of the appeal process shows it’s worthwhile assessing your options in regard to the UK spouse visa refusal appeal process. We will do our best to bring your family back together as quickly as possible.

We can help you with your visa appeal process, so get in touch today. 

Legal Disclaimer.

All advice is correct at time of publication.