Spouse Visa Refused
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Spouse Visa Refused
The process of applying for a Spouse Visa can often be intricate and time-consuming. Regrettably, a significant number of these applications are not approved by the Home Office, leading to a distressing situation as it is never easy to face separation from a loved one. Fortunately, there are measures you can implement to enhance the likelihood of your Spouse Visa application being successful, as well as actions to take in the event of a refusal.
Our team at UVS, comprised of seasoned immigration advisers, stands ready to assist should your Spouse Visa application be denied. We have the capability to engage with the Home Office to ascertain the reasons behind the refusal and provide counsel regarding your appeal eligibility. Furthermore, our legal experts can offer you superior legal representation throughout your appeal process.
Page Contents
Spouse Visa refusal
Why a Spouse Visa application may be refused
What to do if your spouse visa is refused
How can UVS help?
Why would a spouse visa be refused?
Can I appeal a spouse visa refusal?
Why a Spouse Visa extension might be refused?
What should I do if my Spouse Visa is Refused?
Experiencing a Spouse Visa refusal can be a distressing occurrence, often disrupting an individual’s plans to unite with their family in the UK and commence a shared life. Fortunately, a UK Spouse Visa refusal is not the end of the road and can be contested through an appeal process.
If it is determined that the Home Office has violated their duties under Article 8 of the European Convention by issuing a UK Spouse Visa refusal, they may be compelled to reassess their decision regarding your Spouse Visa application, potentially resulting in you being granted leave to remain in the UK.
Why a Spouse Visa application may be Refused
There are multiple factors that could lead to the refusal of a Spouse Visa by the Home Office. One reason could be the failure to meet the eligibility criteria for a Spouse Visa, such as the financial requirements or the genuine relationship requirement. However, the majority of Spouse Visa refusals are not due to the applicant’s ineligibility, but rather a lack of sufficient evidence to demonstrate compliance with the requirements.
The genuine relationship requirement can be particularly challenging to satisfy; your application may be denied if the evidence provided to demonstrate the authenticity of your relationship with your partner is deemed insufficient. Additionally, an application may be rejected if an excessive number of documents are submitted, raising suspicions about your intentions to cohabit with your spouse post-marriage.
The Home Office is equipped to identify instances of marriage fraud in Spouse Visa applications. They adhere to stringent guidelines that can be challenging to navigate without the aid of a professional immigration lawyer. Consequently, Spouse Visa refusals are not uncommon.
What Happens during a Spouse Visa Appeal?
In most instances, Spouse visa holders seeking to renew their visa will be required to disclose the financial status of themselves and their partner.
The fundamental financial prerequisites for an extension prior to spring 2024 are as follows:
The applicant and their British citizen/settled spouse should have a combined income of at least £18,600
If the applicant has a child, the minimum income threshold increases to £22,400
The threshold rises by an additional £2,400 for each extra child the applicant has
A child is defined as someone who is under 18 years of age, not from an EEA country, and is dependent on you or your partner.
The financial requirement can be satisfied through various means, including:
Income from your and your partner’s employment or self-employment
Cash savings exceeding £16,000
State and private pensions
Maternity allowances
Bereavement benefits Please note that income from certain other sources may also be accepted. It is advisable to consult with an immigration specialist, who can assist you in determining which forms of income will be accepted towards the financial requirement.
Changes Occurring In Spring 2024
Beginning in spring 2024, the new income requirement starts at £29,000, with planned increases to £34,500 and eventually £38,700. It is recommended to submit your application promptly.
Importantly, from spring 2024 onward, the minimum income requirement will no longer include a separate child element. This removes the need for additional funds per child.
For current visa holders or those applying before the rise in the minimum income threshold, their assessment will be based on the existing income requirement. This also applies to individuals currently holding a fiance visa, even if they intend to apply for a spouse visa later.
Conversely, those transitioning to this route from another (post-implementation of changes) will be assessed based on the revised criteria.
Contact us at 0330 1337 986 to speak with an immigration specialist who can provide you with any assistance, support or guidance you may need.
What are the Exemption to the Financial Requirements?
While financial prerequisites play a crucial role in most Spouse visa applications, there are exceptions for certain individuals who wish to reside in the UK.
If your partner (the sponsor) is receiving any of the following benefits, the financial requirement does not apply:
Disability Living Allowance
Severe Disablement Allowance
Carer’s Allowance
Attendance Allowance
Personal Independence Payment
Industrial Injuries Disablement benefit
Police Injury Pension
Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
Constant Attendance Allowance, Mobility Supplement, or War Disablement Pension under the War Pensions Scheme
What is the character suitability requirement?
Applicants for a Spouse Visa extension must satisfy character suitability conditions, also known as the good character requirement. The Home Office will review your immigration history and your behaviour during your stay in the UK.
If you have violated the law or breached any conditions of your UK residency, you will fail to meet the character suitability requirement. The Home Office will also consider if you have any outstanding debts to the NHS or any litigation debts.
Generally, if you have lived in the UK lawfully and conducted yourself responsibly, you should satisfy the character suitability requirement.
What is the Spouse Visa extension English test?
In 2017, the Home Office implemented changes to the English language test for all applicants. These changes require that a Spouse Visa applicant typically needs to demonstrate an A2 level of English in speaking and listening, as defined by the Common European Framework of Reference (CEFR) for Languages.
Individuals who did not have to take the English language test when they applied for their initial Spouse Visa may need to do so when applying for an extension.
The test can be taken at various centres across the UK. However, it’s important to note that the test must be taken at an approved Secure English Language Testing (SELT) Provider centre.
If the test is not taken at an accredited centre, the certificate will not be recognised, leading to the rejection of your extension application.
Exemptions from the English language test
Certain applicants are exempt from taking the English language test. This includes:
A national of an English-speaking country
An individual who holds a degree or higher qualification from an institution recognised by UK NARIC which was taught or researched in English
A person aged under 18 or over 65
An individual with a long-term physical or mental condition
Which form shall I use for a Spouse Visa Extension?
When you’re applying for a Spouse Visa extension after a period of 2.5 years, you’ll need to fill out the FLR(M) form. This comprehensive application requires you to furnish a wide range of information and documents. It’s crucial that you fill out the FLR(M) form accurately and completely. Even a minor error can lead to a refusal.
If the Home Office determines that you haven’t provided enough evidence, they may call for an in-person interview, which you’re required to attend.
What documents are needed?
As mentioned, you’ll need to submit several documents that prove your eligibility for a Spouse Visa extension.
You must provide these documents in their original form, although there is some flexibility with financial documentation.
Depending on your situation, you may need to provide the following information:
Personal details: You’ll need to provide your current passport or another valid travel ID. If you have any old passports, you’re expected to provide a photocopy of the photo page and any pages that contain a visa stamp. You’ll also need to provide documents related to your partner and any children you’re applying for.
Financial documents: You’ll need to provide bank statements and payslips. Electronic financial documents are acceptable if they’re accompanied by a letter from the issuing authority.
Certified English language test certificate (unless you’re exempt)
Details and proof of relationship: You’ll need to provide a marriage or civil partnership certificate that’s recognized under UK law. You’ll also need to prove that your relationship is genuine and that you’ve been living together throughout your residency in the UK.
How much does a Spouse Visa Extension Cost?
The standard fee for Spouse Visa extension applications currently stands at £1,033. However, you may need to account for additional costs.
If any of your documents or information are in a language other than English or Welsh, they must be professionally translated. If you’re required to take the English language test, this will also incur a cost.
As part of the application process, a Biometric Residence Permit (BRP) will be issued, which costs an extra £19.20. The BRP records your name, date and place of birth, as well as your fingerprints and a facial photo.
What is the process for renewing a Spouse visa?
After you’ve compiled all your evidence and documents and filled out the FLR(M) form, you need to submit your application to the Home Office.
It’s crucial that you make the full payment once the application is complete and ready to be sent. If you don’t make the full payment, your application will be automatically rejected.
Standard UK spouse visa renewal applications should be processed within eight weeks. However, you can opt for the super priority service available for most UK visas if you want a faster decision. This service will process the renewal application within one working day but costs an additional £1,000.
What should I do if my application is refused?
If your spouse visa extension application is refused, the refusal letter will outline the options available to you. If there’s a clear reason for the refusal, the best course of action is to rectify the issues and submit a new application.
If you think your application was unjustly rejected, you typically have the option to challenge the Home Office’s decision. This could be through an official Spouse visa appeal or an administrative review. Your rejection letter will specify whether these options are available to you.
The final option is to pursue a Judicial Review, but keep in mind that this is a complex and time-consuming process.
What happens after a Spouse Visa extension?
If your spouse visa extension application is approved, you’ll be allowed to stay in the UK for an additional 30 months (or 2.5 years). This means that by the time the extension expires, you’ll have lived in the UK for a total of five years.
If you plan to permanently settle in the UK, the next step is to apply for Indefinite Leave to Remain status. This is a type of permanent residency that allows a person to live and work in the UK without any restrictions.
After living in the UK under Indefinite Leave to Remain for 12 months, you’ll be eligible to apply for naturalisation and become a British citizen. You’ll also be eligible to apply for a British passport.
If you need assistance with your Spouse Visa Extension, feel free to reach out to us at 0330 1337 986 or email info@uvslaw.co.uk
FAQs
What is the definition of a spouse?
The UKVI definition of a spouse is a husband or wife, considered in relation to their partner through marriage.
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