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Can a spouse visa be denied?

Applying for a Spouse Visa can be a lengthy and uncertain process, which may not be successful.

For more information about Spouse Visas, Settlement Schemes, or any other UK-based immigration issue, don’t hesitate to reach out to one of our immigration experts for help and assistance. Call us on 028 4379 8509, or contact us online today.

 

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    Overview

    Acquiring a Spouse Visa, which falls under the Family Visa category, is a lengthy and strictly regulated process. Additionally, the UK Home Office have begun action to reduce mass migration to the UK.

    Unfortunately, this means that the commonality of refusal is more of a possibility if the applicant is unable to meet the required criteria. It is imperative you build a strong application with no tenure for refusal to ensure you are reunited with your spouse/ family.

    In short, yes the UK Spouse Visa can be denied. However, there are ways to appeal a denied application.

    If you are unsure about any aspect of a Spouse Visa or need guidance with the application process our expert immigration lawyers in Newcastle can assist you with a tailored immigration session which will help you get your successful Spouse Visa application.

     

     

    The Spouse Visa

    The Spouse Visa sees that you and your British partner through marriage, aged 18 or over, can live together in the UK for up to 30 months (2.5 years).

    Attaining a Spouse Visa is the first step towards ILR or British Citizenship if the requirements for the Visa are maintained.

    The Visa can be extended for a further 30 months if eligibility requirements are met.

    You must be married and in a serious relationship and meet the financial requirements to apply for a UK Spouse Visa.

    The current cost of a UK Spouse Visa application is £1,048, and applications can be made online. Spouse visas cost £1,538 if you’re applying from onside of the UK.

    For applications outside of the UK, the processing time is typically within 24 weeks.

    For applications within the UK, the processing time is typically 8 weeks. You may be able to fast-track your application if you are applying from within the UK for a fee of £800.

    It is essential you make the full payment once your application is complete before sending to the Home Office, as applications without the full payment will automatically be rejected.

    The requirements for an application

    There are several requirements you will have to meet for your UK Spouse Visa application. These include:

    • Financial transparency of you and your partner (an annual minimum income requirement of at least £18,000).
    • English Language proficiency A test in English Speaking, Listening, and writing proficiency. In your initial application you will be required to pass a beginners level CEFR A1 in speaking and listening.
    • Accommodation proof without use of public funds (This includes accommodation of your partner).
    • A genuine Marriage certificate (Of marriage that is recognised in the UK).
    • Pass a ‘Genuine Relationship’ test (This simply means prove you are married, in love, and that your relationship is not a sham).
    • Complete the FLR (M) Form
    • Attendance of an interview and enrolment of biometric data
    • You may need to pass a medical exam depending on which country you are coming from, including a Tuberculosis test.

    The documents you will need are extensive, so thorough planning before beginning your application is advised. You will be asked for these documents:

    • Your passport and travel documents
    • Your partners UK passport or ILR documents
    • You marriage certificate
    • Your National Insurance number
    • Evidence of your employment/income
    • Bank statements
    • Details of your accommodation in the UK
    • Details of any criminal convictions
    • Any previous divorce certificates
    • Details of any children also coming to the UK

    If you do not meet these requirements you may still be eligible for one of the other UK partner visas such as the Unmarried Partner Visa or the Fiancé Visa.

    How to ensure the best chance for acceptance

    It is strongly advised you seek assistance for your UK Spouse Visa application with one of our Immigration lawyers.

    They can guide you through the application process and ensure the best possible outcome.

    You may want to double check the small aspects of your application requirements, such as ensuring all spelling is correct on written documents, including valid information of all bank accounts, statements, employment evidence, a genuine marriage certificate, both passports are in date, security of your planned accommodation in the UK, and so on.

    Passing the Genuine Relationship Test can seem invasive and daunting.

    You may need to provide certain information regarding your private and family life to the Home Office to prove your relationship is based on solid grounds, such as:

    • A shared bank account or savings
    • A shared mortgage or tenancy agreement.
    • The birth certificate of any children you have together
    • Text message logs or mutual social media engagement
    • Photographs that prove you frequently spend time together
    • Travel documents that prove you have visited each other at least once prior to your marriage
    • Any documents which prove that you intend to live together in the UK

    Your assigned Immigration expert will be able to provide in depth advice on creating a Spouse Visa application portfolio that is of the highest possible standard, and ease any concerns you may have about this daunting process.

    Appealing a rejected application

    A UK Spouse visa refusal can be devastating. You will receive a decision by post. Applicants are well within their right to apply for a Spouse Visa appeal this decision under Article 8 of the European Convention on Human Rights.

    You will have 14 days from the date of receiving your rejected UK Spouse Visa application letter to appeal to the First Tier Tribunal. Any late appeals made after 14 days will have to be thoroughly explained as to why it was late, and you will likely have the appeal for your Spouse Visa refused.

    Applicants must be aware it is not always successful outcome to an appealed UK Spouse Visa application, which is why it is imperative to make sure your application is watertight in the first instance.

    In the instance your application is rejected, be sure to appeal your case if possible. Our professional immigration lawyers are qualified to inform you on the appeal process of Spouse Visas and challenge any rejection decision made by the Home Office, and will work hard to unite you with your new family in the UK.

    How to renew or extend a Spouse Visa

    You are able to renew and extend your UK Spouse Visa for a further 30 months. You are able to apply for an extension before your current visa is set to expire.

    This is conditional, as your existing Leave to Remain has to be within its expiry date.

    You must do this online or with the help of an immigration specialist.

    After living in the UK for 5 years, you are then able to apply for Indefinite Leave to Remain, and acquire settled status.

    The current fee for Spouse Visa extension is £1,033, however there may be other fees which will incur. For instance, you will need to have a Biometric Residence Permit which comes at the cost of £19.20, which will collect your personal data collection and immigration information.

    How Newcastle Immigration lawyers can assist you with the Spouse Visa

    Our services are extensive and can aid you with any immigration application you might have. For a Spouse Visa application, our professional immigration lawyer can offer comprehensive advice in an untimed advice session.

    Our services include:

    • Thoroughly checking over application portfolios and testing the validity of all provided documents.
    • Writing you a letter of legal representation
    • Liaising with the Home Office if applicable
    • Advising you with revisions to ensure your application is at the highest possible standard before sending.
    • Advising you with next steps and the appeal process if your application is refused for any reason including representation in a First Tier Tribunal hearing.

    For more information or to get in touch call 028 4379 8509, or online in the contact form above.

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