Spouse Visa Application
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The UK Spouse Visa is specifically designed for married partners of British or Irish citizens, individuals who are settled in the UK, those granted pre-settled status, holders of Turkish Businessperson or Turkish Worker visas, as well as persons with refugee status or humanitarian protection. This visa allows these partners to join or remain with their husband or wife in the UK. Additionally, you can apply for a UK Spouse Visa even if your spouse is currently outside the UK, provided they intend to return and live with you in the country.
The UK Spouse Visa is an important pathway as it can eventually lead to indefinite leave to remain or settlement in the UK, usually after a continuous period of 5 years. This means that applicants who meet the necessary criteria and maintain their status may be able to live in the UK permanently.
UK Spouse Visa Requirements
To be eligible for a UK Spouse Visa, you must satisfy UK Visas and Immigration that you fully meet the following criteria:
Your partner is either a British or Irish citizen, is lawfully settled in the UK, has been granted pre-settled status, holds a Turkish Businessperson or Turkish Worker visa, or has refugee status or humanitarian protection;
Both you and your partner are aged 18 or over;
You are not within a prohibited degree of relationship, meaning you are legally allowed to marry;
You and your partner have met in person and have evidence of this meeting;
You are legally married in a marriage that is recognised as valid under UK law;
Your relationship is genuine, continuing, and subsisting at the time of application;
Both you and your partner intend to live together permanently in the UK;
Any previous marriages or civil partnerships either have legally ended through divorce or dissolution;
You meet the financial requirement set by the Home Office;
There is adequate accommodation available for you, your partner, and any dependents without overcrowding;
You have a sufficient level of English language proficiency, demonstrated through the required testing or qualifications.
Meeting these conditions is essential to submit a successful application and to be granted a UK Spouse Visa. Our team at UVS Law is committed to helping you understand and navigate these requirements throughout your visa process.
Status of Sponsoring Partner
In order to qualify for a UK Spouse Visa, your partner must meet one of several specific residency or citizenship criteria in the UK. They must either be a British or Irish citizen residing in the UK, hold indefinite leave to remain (ILR), settled status, or permanent residence within the UK, possess pre-settled status under Appendix EU, have limited leave to remain as a Turkish Businessperson or Turkish Worker under Appendix ECAA, or have refugee leave or humanitarian protection status in the UK. It is important to understand that a British citizen in the UK includes a British citizen who is arriving in the UK with you as your partner. Additionally, a person with indefinite leave to remain encompasses those being admitted for settlement simultaneously with your application. These varied statuses ensure that sponsors are well established in the UK, fostering stability for the spouse visa applicant.
Minimum Age for a Spouse Visa
Both you and your partner must have reached the age of 18 by the time you submit your Spouse Visa application. This age requirement is strictly enforced and applies at the exact date of application submission to ensure all applicants are legally adults.
UK Spouse Visa Relationship Requirement
The relationship eligibility criteria for a UK Spouse Visa are comprehensive and designed to confirm the authenticity and legality of your partnership. You and your partner must not be related within a prohibited degree of relationship, ensuring compliance with UK law regarding marriage eligibility. Furthermore, you must have met each other in person at least once, demonstrating a bona fide relationship. Your marriage must be legally recognized, whether conducted in the UK or abroad. The relationship must be genuine, ongoing, and subsisting, not merely established for immigration purposes. Both parties must intend to live together permanently in the UK, reflecting long-term commitment to shared life. Lastly, if either has been previously married or in a relationship, that relationship must have permanently ended before applying, with no ongoing commitments or ties. These requirements collectively serve to verify the legitimacy and long-term nature of your partnership.
Prohibited Degree of Relationship Requirement
In order to be eligible for a UK Spouse Visa, it is essential that you and your spouse are not within a prohibited degree of relationship, as strictly defined by the Marriage Act 1949 and the Marriage (Prohibited Degrees of Relationship) Act 1986. This requirement is in place to ensure that certain close familial relationships do not qualify for spousal immigration status. Specifically, you and your spouse must not be related in any of the following ways: adoptive child, adoptive parent, child, former adoptive child, former adoptive parent, grandparent, grandchild, parent, parent’s sibling, sibling, or sibling’s child. Within this list, the term ‘sibling’ is inclusive of brothers, sisters, half-brothers, and half-sisters alike.
Furthermore, a marriage between a person and any individual listed below will not be eligible for a spouse visa until both parties have reached the age of 21 years. Additionally, the younger party must not have previously been considered a “child of the family” in relation to the other party at any time before turning 18 years old. This list includes: child of former civil partner, child of former spouse, former civil partner of grandparent, former civil partner of parent, former spouse of grandparent, former spouse of parent, grandchild of former civil partner, and grandchild of former spouse. This extended regulation prevents marriages considered too closely connected through prior family ties from qualifying under the spouse visa category.
Requirement to Have Met in Person
You and your spouse must have met in person at least once. The requirement to have ‘met’ means that you must be able to demonstrate a genuine face-to-face meeting which led to the establishment of a mutual acquaintance and relationship. Simply having come face-to-face briefly, followed only by telephone conversations or written contact, would not satisfy the strict requirements for a UK Spouse Visa. The meeting should be meaningful enough to show that the relationship is authentic and not purely on paper.
Requirement for Marriage to Be Recognised in the UK
To qualify for a UK Spouse Visa, you and your partner must be legally married in a marriage that is officially recognised by UK law.
UK Spouse Visa Financial Requirement
In order to demonstrate that you can be adequately maintained in the UK without recourse to public funds, you will need to satisfy the Spouse Visa financial requirement set out by the Home Office. This requirement is crucial to prove that your financial situation is sufficient to support yourselves without relying on government welfare or other public benefits.
The financial requirement for a UK Spouse Visa application states that, unless exempt, you must show that your Spouse—or both of you jointly if you are in the UK with valid leave to remain—has a gross annual income of at least £29,000. This threshold is designed to ensure that the sponsored spouse and any dependants can be comfortably maintained. It is important to note that there is no longer a separate child element to this minimum income requirement, which means the £29,000 applies regardless of the number of children being sponsored.
Different rules and considerations apply if your Spouse is in receipt of particular state benefits or entitlements. In these cases, the financial requirement focuses on whether the sponsor can ‘adequately maintain and accommodate’ the family member being sponsored to enter or remain in the UK without needing public funds. This exemption recognizes that certain benefits are taken into account as meeting the maintenance requirement.
You will need to meet the financial requirement at several stages: when you first apply to enter the UK as a spouse, when you apply to extend your stay as a spouse, and when you apply for indefinite leave to remain (ILR) as a spouse. It is essential to consistently satisfy this requirement throughout the immigration process.
The Immigration Rules relating to the Spouse Visa financial requirement are complex and include strict documentary evidence requirements. The responsibility lies with applicants to demonstrate clearly and comprehensively that they meet the financial threshold. One of the most common causes for refusal of a Spouse Visa application is the failure to provide all mandatory financial evidence as required by the Home Office. Therefore, compiling accurate and complete financial documentation is a critical part of a successful application.
How to Satisfy the UK Spouse Visa Financial Requirement
The UK Spouse Visa financial requirement can be met through various methods, including relying on several sources of income and savings. These include:
Income from salaried or non-salaried employment of your spouse, and/or yourself if you are in the UK with permission to work;
Non-employment income such as rental income from properties you or your spouse own, or dividends received from shares held;
Cash savings held by your spouse and/or yourself that exceed £16,000, which must have been held for at least six months and be under your or your spouse’s control;
State pensions (UK or foreign), occupational pensions, or private pensions received by you or your spouse;
Income earned from self-employment, as well as income derived from being a director or employee of a specified limited company in the UK by your spouse, and/or yourself if you have permission to work.
In some cases, it is possible to combine these different sources of income to collectively satisfy the financial requirement, providing greater flexibility for applicants.
It is important to note that specific additional considerations apply if your spouse is receiving certain state benefits or entitlements, which may affect the application process.
Applicants relying on cash savings to meet the financial requirement should be aware that the required level of savings may differ between entry clearance and extension applications compared to applications for indefinite leave to remain as a spouse.
Furthermore, in exceptional circumstances where refusal of the Spouse Visa could result in a breach of Article 8 of the European Convention on Human Rights (ECHR), other credible, reliable sources of income, financial support, or available funds held by the couple may also be taken into account during the assessment.
Marriage in the UK
For a marriage to be valid in the UK, it must be monogamous and conducted in accordance with the specific legal requirements set out in the Marriage Act 1949 (as amended), the Marriage Act (Scotland) 1977, or the Marriage Order (Northern Ireland) 2003. This means:
Any necessary notice of intention to marry must have been properly given.
The marriage must have taken place at an authorised venue.
The ceremony must have been conducted by, or in the presence of, an individual who is legally authorised to register marriages.
Additionally, both you and your spouse must have met the minimum age requirements: at least 18 years old in England and Wales, or at least 16 years old in Scotland and Northern Ireland at the time of the marriage. Only marriages fulfilling all these criteria will be recognised as valid.
Proof of marriage must be provided in the form of a marriage certificate.
Marriage Outside the UK
An overseas marriage will be recognised by the UK authorities if the following conditions are met:
The marriage is recognised as valid under the laws of the country in which it took place.
The marriage was properly conducted according to the legal requirements of that country.
There is no law in either spouse’s country of domicile at the time of the marriage that would prevent recognition of the marriage.
Both parties’ previous marriages, if any, have legally ended and do not present a barrier to remarriage.
To provide evidence of an overseas marriage, you must submit documentation that is a reasonable equivalent to a marriage certificate and valid under the law of the relevant country where the marriage was solemnised.
Spouse Visa Accommodation Requirement
Whether you are applying for entry clearance or for further leave to remain as a spouse, it is essential that you provide clear and convincing evidence demonstrating that there will be adequate accommodation available to you and your spouse. This accommodation must be suitable and sufficient, without the need to depend on public funds, and should be in a property that you either own or occupy exclusively.
You will be required to supply documentation that proves the basis on which the property is owned or occupied. This includes showing that you have a legal and exclusive right to live in the property. Additionally, the accommodation must comply with standards, ensuring it will not be overcrowded or breach any public health and safety regulations.
The UK Family Visa Accommodation Requirement
Meeting the Accommodation Requirement: UK Spouse or Fiance Visa involves satisfying these criteria carefully to support your application effectively. Proper preparation and clear evidence regarding your living arrangements are crucial to avoid delays or refusals in the visa process.
Spouse Visa English Language Requirement
Unless exempt, as part of your Spouse Visa application, you will need to satisfy the Home Office that you meet the required English language requirement. When applying for entry clearance or seeking to switch into the Spouse Visa category, you must demonstrate competence in the English language to at least CEFR level A1. Later, when applying for further leave to remain as a spouse, you will be required to show competence at a higher level, specifically CEFR level A2.
You can meet the Spouse Visa English language requirement through several means. These include holding the nationality of a majority English-speaking country; passing an approved English language test at or above the required CEFR level with a provider listed on the Approved Secure English Language Tests and Test Centres; or possessing an academic qualification, such as a Bachelor’s, Master’s degree, or PhD. This qualification must either be awarded in the UK or, if awarded outside the UK, be verified by Ecctis (formerly UK NARIC) as meeting or exceeding the recognised standard of a UK Bachelor’s or Master’s degree or PhD. In addition, Ecctis must confirm that the degree was taught or researched in English at or above the required CEFR level.
To be exempt from the English language requirement, you will usually need to provide evidence that either you are over the age of 65 at the date of your application, you have a physical or mental disability that prevents you from fulfilling the English language requirement, or there are exceptional circumstances that mean you cannot satisfy the requirement before entering the UK.
If you are unable to demonstrate that you meet the English language requirement or qualify for an exemption, your Spouse Visa application will be refused. It is therefore essential to thoroughly prepare your evidence to avoid any delays or refusals in the application process.
Genuine and Subsisting Relationship Requirement
In order to qualify for a UK Spouse Visa, you will need to provide the Home Office with compelling and detailed evidence that your relationship with your partner is indeed a genuine and subsisting relationship. This means showing that your relationship is authentic, ongoing, and not entered into solely for immigration purposes.
Decisions on whether a relationship is genuine and subsisting are made carefully on a case-by-case basis. The Home Office will take into account all the available evidence as well as your individual circumstances to reach a fair conclusion.
Factors Considered by the Home Office When Deciding Whether a Relationship Is Genuine and Subsisting
Several factors may be examined by the Home Office when determining the truthfulness and continuity of your relationship, including but not limited to:
Whether you and your spouse are currently in a long-term and committed relationship
Whether you and your spouse have lived together or are living together at present
Whether you and your spouse share parenting responsibilities for children, including biological, adopted, or step-children
Whether there is evidence of shared financial commitments and obligations between you and your spouse
Whether you and your spouse have visited each other’s home countries or families, demonstrating integration and connection
Whether you and your spouse have made solid and practical plans for living together in the UK in the foreseeable future
If the Home Office has any doubts or concerns about the genuine and subsisting nature of your relationship, it may conduct further checks. These may include interviews with both you and your spouse and, in some cases, a home visit to verify living arrangements and relationship authenticity.
Proper documentation and transparent communication are crucial to support your application and demonstrate the legitimacy of your relationship.
Required to Prove a Genuine and Subsisting Relationship
The Home Office will expect to see significant and compelling evidence demonstrating regular contact, clear signs of affection and companionship, emotional support, and a consistent, abiding interest in each other’s welfare and wellbeing.
In addition to providing a marriage certificate, the Home Office will require evidence of cohabitation. Ideally, documents should be in the joint names of you and your spouse. Where this is not possible, it is acceptable to rely on separate documents addressed to each of you individually, provided that these show the same residential address. All documents should be recent, generally dated within the last few years, and come from a variety of reliable sources. Official documents such as utility bills, council tax statements, or tenancy agreements are preferred; however, if providing exclusively official documentation proves difficult, other relevant evidence supporting cohabitation may also be submitted.
If you and your spouse have not lived together for an extended period, it is still possible to provide unofficial evidence of your relationship, such as correspondence, travel records, or other proof of ongoing contact and intention to build a life together.
As mentioned previously, the Home Office will expect substantial evidence of a genuine and ongoing relationship. If there are doubts regarding the authenticity or subsistence of your relationship, the Home Office may carry out more thorough investigations, which could include interviews with both you and your spouse or arranged home visits. Should they have reasonable grounds to doubt the genuine nature of your relationship, your Spouse Visa application is likely to be refused.
We frequently advise Spouse Visa applicants on the types of documentary evidence the Home Office requires to be satisfied that their relationship is genuine, founded on true affection and shared values, and genuinely ongoing at the time of application. We do not rely on generic or templated lists of documents. Instead, we provide bespoke advice tailored specifically to your individual circumstances, ensuring you submit the most appropriate and convincing evidence to prove a genuine and subsisting relationship.
UK Spouse Visa Processing & Decision Waiting Times
The current Home Office processing time for a Spouse Visa application submitted outside the UK is 24 weeks. If you apply via the Priority Service then you will usually receive a decision within 30 working days. There is no Super Priority Service for out-of-country applications.
Applications to switch into or extend as a spouse submitted from within the UK are currently being decided by the Home Office within 8 weeks. However, if you do not satisfy the minimum income or English language requirements then it may take about 12 months to receive a decision.
There is no 5 working day Priority Service for in-country spouse applications, but if you apply via the Super Priority Service then you should receive a decision by the end of the next working day.
Duration of a UK Spouse Visa
If your application for a UK Spouse Visa is successful, your initial spouse visa will be valid for 33 months. Following this, if you apply for leave to remain in the UK as a spouse, you will be granted a further leave valid for 30 months. It is important to note that before your initial grant of leave expires, you must submit an application to UK Visas and Immigration to extend your stay legally. Upon a successful application for further leave to remain as a spouse, you will receive permission to stay for an additional 30 months. After residing in the UK as a spouse for a continuous period of 5 years, you will then become eligible to apply for indefinite leave to remain, which allows you to live in the UK without any time restrictions.
Switching Into the Spouse Visa Route From Within the UK
You can apply for leave to remain as a spouse from within the UK, except if you are currently in the UK as a visitor or, with limited exceptions, have valid leave granted for a period of 6 months or less. Visitors who intend to settle in the UK with their husband or wife should leave the UK and apply for entry clearance as a spouse from overseas. However, if you are in the UK on a fiancé(e) visa or have been granted leave to remain pending the outcome of family court or divorce proceedings, you may be allowed, under exceptional circumstances, to switch to leave to remain as a spouse without leaving the country.
Working in the UK on a Spouse Visa
Those holding a Spouse Visa have full rights to work in the UK without restriction. This means you can take up employment, be self-employed, or start your own business legally during the validity of your visa.
Intention to Live Together Permanently in the UK
To qualify for a Spouse Visa, UK Visas & Immigration must be fully satisfied that both you and your spouse genuinely intend to live together permanently in the UK. At the initial Spouse Visa application stage, this means a clear and demonstrable commitment from both parties to begin living together in the UK immediately following the positive outcome of your application, or as soon as circumstances reasonably allow thereafter.
When applying for further leave to remain or indefinite leave to remain as a spouse, the Home Office will expect that any periods spent outside the UK are limited, justified by good reasons, and align with your declared intention to live together permanently. Acceptable reasons for temporary absences may include overseas work commitments, holidays, professional training, or academic study, provided these do not undermine your joint residence plans.
If you or your spouse spend the majority of your time abroad, this may lead the Home Office to question whether you genuinely intend to live together permanently in the UK. In such cases, the Home Office will closely examine the reasons for your travels, the duration of absences, and whether you both travelled and resided together during those times outside the UK.
Residence Requirements for Partners
Previous Relationship Broken Down Permanently
The Home Office requires assurance that neither you nor your spouse is currently married to another person at the time of your application for entry clearance as a spouse in the UK. If either partner has been married before, you must provide conclusive evidence that any previous marriage has been legally ended.
For divorces finalized in the UK, this must be proven by submitting a decree absolute issued by a UK civil court. If the divorce was granted abroad, you must provide a valid equivalent document recognized under the laws of the country where the divorce took place. This evidence is crucial to demonstrate that your current relationship is lawful and that you satisfy the Home Office’s criteria regarding relationship status.
If you or your spouse have previously been married and this marriage has not been legally dissolved then you may still qualify for an Unmarried Partner Visa. You will need to provide evidence that the new relationship is genuine and subsisting and that the previous relationship has broken down permanently.
UK Spouse Visa Supporting Documents Checklists
One of the most common reasons for a Spouse Visa application to be refused is the applicant’s failure to include adequate and sufficient documentary evidence to support their case. The UK Immigration Rules set out strict and detailed requirements regarding which documents must be submitted to accompany a UK Spouse Visa application. It is important to understand that every individual case is unique, and therefore the required supporting documents can vary significantly depending on personal circumstances.
Applicants should exercise caution when relying on generic pre-prepared document checklists for Spouse Visa applications, as these may not fully capture the specific requirements relevant to their situation. Seeking advice from an experienced immigration lawyer is highly recommended to ensure that the documents listed are truly appropriate and comprehensive for the applicant’s case.
Furthermore, if a required document is missing, provided in an incorrect format, or does not contain all mandatory information, the application for a Spouse Visa risks being refused. The appeal process following a refusal can often be lengthy, taking several months to resolve, and the final outcome may remain uncertain. If an appeal is unsuccessful, submitting a fresh application will involve additional costs and further delays, which can be avoided with careful preparation.
Our team offers expert guidance to Spouse Visa applicants regarding the precise documents needed for a successful application. We also undertake a thorough review of all supporting documents to ensure they comply fully with the Immigration Rules, helping to minimise the risk of refusal.
UK Spouse Visa Application Fee
The current Home Office application fee for a UK Spouse Visa submitted from outside the UK is £1,938. For applicants seeking to switch into the spouse category from within the UK or to extend their stay as a spouse, the application fee is £1,321. These fees are subject to change, and additional fees will apply if you opt to use expedited processing services such as the Priority or Super Priority Service, which can significantly reduce waiting times for a decision.
Indefinite Leave to Remain as a Spouse
If your Spouse Visa application is successful, you will initially be granted permission to enter the UK for a period of two and a half years, along with an additional three months if you are applying for entry clearance from abroad. It is important to make an extension application before your current leave expires to maintain your legal status in the UK. Should your spouse extension application be successful, you will then be granted further leave to remain for another two and a half years.
After spending a continuous period of 5 years (equivalent to 60 months) in the UK under the Spouse Visa route, you may become eligible to apply for indefinite leave to remain (ILR) in the UK.
To qualify for indefinite leave to remain as a spouse, you will need to satisfy the general requirements mentioned above, as well as demonstrate the following conditions:
Since entering the spouse category, you have lived together with your spouse in the UK. If there were any periods when you did not live together, there must be a good and reasonable explanation consistent with a continuing intention to live together permanently in the UK;
You meet the higher English language requirement, which corresponds to CEFR Level B1, as applicable for settlement applications;
You have successfully passed the Life in the UK test, unless you qualify for an exemption based on your circumstances.
If you submit an application for indefinite leave to remain as a spouse but do not meet these specific requirements, UK Visas and Immigration will then consider whether you qualify for a further extension of stay as a spouse instead of granting indefinite leave to remain.
FAQ
How Can I Get Married in the UK?
If you wish to travel to the UK with the intention of getting married, there are two primary immigration routes available to consider: the Marriage Visit visa and the Fiancé visa. The Marriage Visit visa is specifically designed for individuals who plan to visit the UK to either get married or give notice of a marriage at a local register office within the UK. On the other hand, the Fiancé visa is for engaged partners of British or Irish citizens, or those with indefinite leave to remain in the UK, refugee status or humanitarian protection, as well as persons with limited leave under Appendix EU or Appendix ECAA. This visa is intended for those who wish to enter the UK and marry within six months of their arrival.
Where Can I Apply for A UK Spouse Visa?
If you are applying for a Spouse Visa from outside the UK, you should submit your application in the country where you legally reside, provided you are not there as a visitor. It is important to note that you do not have to be a citizen of that country to apply from there. Conversely, if you are already inside the UK and have been granted permission to stay for more than six months, you may apply to extend your stay or switch to a spouse visa from within the UK. However, if your current leave to remain in the UK is for six months or less, such as a visitor visa, you will be required to leave the UK and apply for entry clearance as a spouse from overseas. Please be aware that the special concession allowing visitors to apply for a spouse visa from within the UK during the Covid-19 pandemic is no longer in effect.
How Do I Apply for a UK Spouse Visa?
Spouse Visa applications must be submitted using an online application form specifically designed for this purpose. It is important to note that the application form varies depending on whether the applicant is applying from inside the UK or from overseas. Before beginning your UK Spouse Visa application, it is advisable to consult with an experienced immigration lawyer who can guide you in selecting the correct form tailored to your individual circumstances.
As you complete your application form, you should simultaneously gather and prepare all necessary supporting documents. This is crucial because there are specific document requirements, including deadlines, meaning some documents must be dated prior to submitting your online application. The UK Home Office currently permits applicants to upload scanned copies of their supporting documents for review; however, it is essential to verify the exact submission procedure for the country from which you are applying, since the Home Office may update or change these requirements over time.
Will My Overseas Marriage Be Recognised by the Home Office?
The Home Office will recognise a marriage conducted outside the UK provided several conditions are met: the type of marriage must be recognised in the country where it took place; the marriage must have been properly conducted according to the legal requirements of that country; and neither party’s country of domicile at the time of the marriage must have any laws that prevent the recognition of the marriage or civil partnership. Additionally, any previous marriages of the couple must have legally and permanently ended.
There are further criteria related to age restrictions, prohibited degrees of relationship, and the finalisation of any prior divorces. Broadly speaking, if the country in which your marriage took place recognises the marriage as valid under its laws, the UK Home Office will do the same for immigration purposes. If you have concerns or unique circumstances regarding your marriage recognition, seeking legal advice can help clarify your position.
When Can I Apply for a British Passport?
When you initially enter the Spouse Visa category, you will be granted a period of two and a half years of leave to remain, plus an additional three months if you are applying for Entry Clearance from outside the UK. Before this initial leave expires, you will need to make an extension application, which, if successful, will grant you a further two and a half years of leave.
Most people on a Spouse Visa follow a five-year route to settlement. This means that after receiving two consecutive grants of 30 months each, they become eligible to apply for Indefinite Leave to Remain (ILR) in the UK.
In some cases, individuals may be on a ten-year route to settlement, which requires four grants of leave, each covering a certain period before qualifying for ILR. If you switch from the five-year route to the ten-year route after entering the UK, the time covered by your previous grants of leave can be counted towards the ten-year requirement.
Once you have successfully obtained Indefinite Leave to Remain in the UK and are married to a British national, you can apply for naturalisation as a British citizen immediately. However, if you are not married to a British citizen, you will generally need to wait for a further 12 months after obtaining ILR before you become eligible to apply for naturalisation.
What if My Spouse Visa Application Is Refused?
If your UK Spouse Visa application is refused, you generally have the right to appeal the decision. This is because a spouse visa application is automatically considered to involve human rights issues, giving you grounds for an appeal.
The appeal will be heard by the First-tier Tribunal (Immigration and Asylum Chamber) within the UK. If you are currently in the UK, you and your spouse will both have the opportunity to attend the hearing and give evidence directly to the judge.
If you are outside the UK at the time of the appeal, your spouse may still attend the hearing in person, while you can submit a written statement and supporting evidence for the tribunal to consider on your behalf. In certain cases, arrangements can be made for you to participate remotely by giving oral evidence via video link or telephone, depending on the circumstances of your case.
Immigration appeal proceedings can often take many months, sometimes even longer, to be fully determined, and the outcome may remain uncertain throughout the process. Therefore, it is highly advisable to seek expert legal advice and secure professional representation from a specialist immigration lawyer before deciding to appeal against a refusal of a Spouse Visa application. Their expertise can significantly improve your chances of a favorable resolution.
What if I Cannot Satisfy the Requirements for a UK Spouse Visa?
If you are unable to meet the strict requirements for obtaining a UK Spouse Visa, there may still be alternative ways for you to enter or remain in the UK based on human rights considerations. For example, this could apply if:
You have a child who is a British or Irish citizen living in the UK;
You have a child who has lived in the UK for at least 7 years, and it would be unreasonable or detrimental for that child to leave the country;
You and your spouse would face very significant and insurmountable difficulties if you were to live together as a couple outside of the UK;
Preventing you from coming to, or forcing you to leave, the UK would otherwise constitute a breach of your fundamental human rights.
In such situations, it is essential to seek tailored legal advice to explore all possible options for securing your stay in the UK.
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