Spouse Visa Refused
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.
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With our Application Package, your dedicated caseworker will advise you on your application process and eligibility. Your legal advisor will then complete and submit your forms to the Home Office on your behalf.
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Our Fast-Track Application Package is a premium service for those who need to submit their application in time with their deadlines. Your case will become a top priority for our lawyers and you will benefit from our highest-quality services.
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By choosing our Appeal Package, you can rely on our lawyers’ legal knowledge and experience to ensure you have the highest chance of a successful appeal. We will also fully represent you in any hearings/tribunals.
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.
Differently, you may try to enter the UK on a different visa. For example, if you find a UK-based sponsor, you may apply for a Tier 2 Visa. Just like the Spouse Visa, a UK Work Visa can be used to stay in the country until you become eligible for ILR and, at a later time, British Citizenship.
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:
- checking your documents to ensure that they are sufficient for your application;
- helping you gather appropriate evidence to prove your relationship is genuine and longlasting;
- preparing a Letter of Representation, detailing your case as well as any relevant UK Immigration law;
- liaising with the Home Office throughout the process;
- completing your application form to the highest standard.
Our Appeal Services include:
- taking detailed instructions from you to assess your circumstances;
- discussing the requirements of the UK Immigration Rules relevant to your case;
- delivering detailed advice on the merits of appealing against a Spouse Visa refusal;
- professionally collating, completing and submitting the required appeal forms;
- producing a detailed and comprehensive document bundle for the court providing the details and merits of your appeal chronologically, as well as why it should be accepted;
- expertly representing you at the full hearing before the tribunal, and liaising with the appellate authorities to respond to any queries they may have until a decision is reached.
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.