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If your Spouse Visa has been refused, there are several reasons why this might be. It may be that the evidence you supplied to show that your relationship with your partner is genuine was not substantial enough. It may also be that you submitted too many documents and it aroused suspicions that you did not intend to live with your spouse after marriage.
The Home Office are trained to detect cases of marriage fraud in applications for Spouse Visas. They have very strict guidelines and for this reason, having your Spouse Visa refused is common.
The IAS team of expert immigration advisers are ready to help if you have had your Spouse Visa refused. We can liaise with the Home Office to see what the grounds of the refusal were and advise you on your eligibility for appeal. One of our lawyers can also provide you with high-quality legal representation throughout your appeal. Get in touch for advice on your options today by making an enquiry online or calling 0333 363 8577.
The evidence of a continuous relationship is important to the success of a Spouse Visa application. The Home Office is tasked with identifying fraud marriages, so your information will be analysed in great detail in order to identify if you have had a continuous relationship.
The common misconception with Spouse Visas is the assumption that the process is relatively simple. If the relationship is genuine and there was a genuine wedding then you should have a good chance of convincing the Home Office that the relationship is real. However, as the fraudulent applications get more complex, the Home Office will look for any discrepancies in your application as a reason to refuse your Spouse Visa.
Minor issues can lead to a Spouse Visa refused letter being issued, which can be very distressing for couples in a genuine relationship. The applicant should be prepared for all information surrounding the Spouse Visa application to be scrutinised.
A spouse Visa refused by the Home Office cannot be put under an Administrative Visa Review, instead, your only option is the appeal process. For a rejected Spouse Visa you may be able to get hearing if the refusal of your Spouse Visa threatens your right to a private life covered in the Human Rights Act.
If you win, the Home Office will change their decision and most likely grant you the Spouse Visa. If you lose the Spouse Visa refused appeal, then it is possible to bring the case to the Upper Tribunal. The Upper Tribunal handles appeals against decisions made by the First-tier Tribunal (Immigration and Asylum) and if you believe your case was mishandled in any way you may have it reviewed by them.
Your initial Spouse Visa will be valid for 33 months if you applied from outside the UK and 30 months if you applied from inside the UK. Before this time has passed, you will need to apply for a Spouse Visa extension and prove that your relationship is ongoing.
Some people may receive a Spouse Visa extension refused letter that will outline why it was refused and the steps they need to take. It is important not to ignore a Spouse Visa extension refused letter as it may state that you need to make plans to leave the UK or offer the option to appeal the decision. It is paramount that you apply within the period, as the Home Office will often penalise overstayers and you will be ruining any chance you have of any future application.
At IAS, we understand that having a Spouse Visa refused can be very distressing, and we want to offer you the help you need to unite you and your partner as efficiently as possible.
Our lawyers have had many years of experience in this area and will be able to help you understand your options and guide you through the appeal process.
Our Application Services include:
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If you need our help or more advice about our packages, please do not hesitate to get in touch by using our online enquiry form or calling 0333 363 8577.
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