Reasons for Spouse Visa Refusal and Appeal Process

It can be a frustrating experience to have a spouse visa application denied by the Home Office because no one wants to be separated from a loved one. Applying for a spouse visa is frequently a difficult and drawn-out procedure. Fortunately, there are actions you can do to increase the likelihood that your Spouse’s Visa application will be approved and steps you can take if your Spouse’s Visa is denied.

If your application for a spouse visa has been denied, the My Legal Services team of knowledgeable spouse visa solicitors is prepared to assist. We can communicate with the Home Office to determine the reasons for the denial and let you know if you qualify for an appeal. You can receive excellent legal counsel from one of our immigration advice services throughout your appeal.

The reasons why your UK spouse visa can be denied

The Home Office may reject a Spouse Visa for several reasons. For example, you might not be eligible for a spouse visa if you don’t have the necessary finances or a subsisting relationship. The majority of Spouse Visa denials, however, are not brought on by the applicant’s ineligibility but rather by a lack of documentation showing your ability to fulfil the requirements.

The genuine relationship criteria can be famously difficult to demonstrate that you fulfil; your application may be rejected if the supporting documentation you provided to demonstrate the sincerity of your connection with your spouse was insufficient. It can also be rejected if you provided too many documents and raised concerns that you didn’t intend to remain with your spouse after marriage.

When applications for spouse visas are submitted, the Home Office is trained to spot instances of marriage fraud. You may have your Spouse’s Visa denied because of their stringent rules, which are challenging to follow without the help of an experienced immigration lawyer.

What to do if the visa for your spouse is rejected

Refusal of a spouse visa can be unpleasant and frequently harms a person’s aspirations to move in with their spouse and start a family in the UK. Fortunately, a UK Spouse Visa refusal can be contested through the appeals procedure. Using Article 8 of the European Convention on Human Rights, you can challenge a refusal of a spouse visa based on human rights considerations.

Suppose the Home Office is determined to have infringed on Article 8 responsibilities by refusing your application for a UK spouse visa. In that case, they may be required to reconsider their decision, and you might be permitted to stay in the UK.

Contact My Legal Services, a spouse visa solicitor in Londonfor more information.

What to expect from the appeals process for the spouse visa

The decision letter you receive from the Home Office often outlines your alternatives. You should be able to learn whether you may appeal the decision and how to do so in that letter. The first step in pursuing a visa appeal is submitting an appeal form within 14 or 28 days of receiving your decision letter. For those who applied from within the UK to change from another type of visa to a spouse visa, the time limit is 14 days; for those who applied outside the UK, it is 28 days.

You can fill out the appeal form to decide based on the information on your form or follow an oral hearing where you can have witnesses. Additionally, you will be required to pay a visa appeal cost of £80-£140, depending on whether you want a hearing. Any information that can support your eligibility for the visa may be included on your appeal form. It may contain new information you previously withheld from the Home Office, but that strengthens your case.

If you want an oral hearing, a date will be set to give it in person in a UK tribunal office, over the phone, or by remote video call. The appeals procedure could take several weeks to even months. In most situations, the Home Office will grant you the Spouse visa if your appeal for a UK spouse visa is successful. You might be able to file a case with the Upper Tribunal if the appeal is unsuccessful.

Conclusion:

Our knowledgeable spouse visa solicitor will guide you as you handle the appeals process. They will review a full case history before giving you alternatives for what to do next. We can always offer the best immigration advice servicesfor those, even in the most complex and urgent circumstances, due to the years of experience that make up the knowledge basis of our organisation. We advise contacting us regarding bringing an appeal case as soon as feasible. The more time we have to work on your case, the higher the likelihood that your appeal will be successful and that you’ll get your spouse’s visa quickly.

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