You can feel devastated and helpless if your spouse has been refused a visa, particularly when you have spent a long-time preparing information and gathering documentation, and believed you had done everything correctly.

In these circumstances you may find yourself separated from your partner and children and feeling confused and anxious about what the future holds. However, it is important to understand three things; there will be a specific reason for the visa being refused, this doesn’t mean the problem can’t be solved, and help is available.

It is common for spouse visa applications to be refused, and for those refusals to be challenged and overcome, so it is important to understand why the application was refused, and what your options are now, and in this article we will break this process down for you.

What is a spouse visa refusal?

A spouse visa refusal is when a visa application for a spouse to join their UK-based partner is refused by the UK Visas and Immigration (UKVI). The refusal comes under UK immigration law and can delay plans for a spouse to be reunited with their partner. It can also affect future UK visa applications if the problem can’t be resolved and the same problem persists.

Couples can be forced to live apart in these situations, which can be costly and stressful for everyone involved, including children. The subsequent process for resolving immigration disputes can be complex and will require legal representation, but there are solutions to the problem.

Why was my spouse’s UK visa application refused?

There are many reasons why a UK visa application may be refused, which can usually be categorised as either failing to meet eligibility requirements, or not providing evidence to prove you can meet the eligibility requirements. Clearly, one is easier to resolve than the other, but we can look at these in more detail:

  • Not providing enough evidence of a genuine relationship – The applicant has to show evidence that a relationship with a partner is genuine and not fake, such as photos, joint financial commitments or evidence of travel and communications together.
  • Not meeting financial requirements – Under current law, a partner (known as a sponsor) The sponsor must meet a minimum income threshold of £29,000 gross per year, unless exempt or relying on alternative provisions such as adequate maintenance. Previous rules included additional amounts for dependent children, but this no longer applies under the current financial requirement framework. The application needs to demonstrate this with bank statements, letters from an employer, tax returns or business accounts.
  • Not completing the application form correctly – The UKVI can refuse an application based on the form being incomplete or incorrect, such as information lacking accuracy, honesty or consistency. If there are errors or discrepancies, UKVI can doubt your credibility. This can include consistency between information you provide, and information your spouse provides.
  • Not meeting the English language requirement – Where English isn’t the first language of the country a foreign national comes from, they must demonstrate a knowledge and understanding of the English language. Applicants must meet the English language requirement using an approved test provider; validity rules depend on the type of qualification and prior acceptance by the Home Office.
  • Not having suitable accommodation – You and your spouse must demonstrate you have suitable accommodation without recourse to public funds in the UK that is not overcrowded, is either owned by or legally occupied by the couple, is compliant with health and safety regulations. You will need to provide documentation to prove all of the above.
  • Having criminal convictions or previous immigration issues – You need to disclose any criminal convictions for you and/or your partner under UK law, plus any under the jurisdiction of your home country. The application will then be assessed based on the severity of the offences, how long ago they were and how the applicant’s life has changed since. Certain convictions may lead to mandatory or discretionary refusal depending on sentence length and recency, as set out in Part 9 of the Immigration Rules. Any issues with previous visa applications can also count against this application.
  • Not having a valid marriage – A valid marriage is required. The Home Office must be satisfied that the relationship is genuine and subsisting and not entered into for immigration purposes. A marriage certificate must be included with the application.
  • Invalid documentation – This can include documents that are not translated from a foreign language, unofficial documents and documents which are illegible.

In order to avoid these issues and to give your application a better chance of being accepted you should ensure:

  • You read the form carefully and ensure you answer everything you need to.
  • You are consistent with information.
  • There are no discrepancies or mistakes.
  • You have all the relevant documentation, and that it is valid.
  • Financial information is accurate and calculated correctly.
  • You have been honest and have disclosed everything necessary.

If you are in any doubt you should take legal advice and ask them to help you with the application. This should highlight any potential issues before you submit it.

What to do next if a spouse visa has been refused

If your spouse’s visa application has been refused, this can be very upsetting. In many spouse visa refusals, a right of appeal exists on human rights grounds; however, this depends on how the application was framed. The UKVI will send a letter advising that your application has been refused, along with the reasons why. You are then faced with three options:

  • Submit a new application – If the reason for refusal is a clear error on your part or due to temporary circumstances which are quickly resolved, such as financial eligibility or suitable accommodation, the quickest and easiest solution is to reapply and make sure you have addressed all the highlighted problems with the original application.
  • Administrative review – If you think there has been a specific error in how the application has been judged, you can ask the Home Office to conduct an internal administrative review to highlight this error.
  • Appeal tribunal – If you think the Home Office hasn’t assessed your application properly you can file an appeal to the First-Tier Tribunal. If you are not satisfied with the result of a First-Tier Tribunal decision, you can request a judicial review. This will be presided over by a judge and will review the visa application process as well as the tribunal process.

The best option to take is based on the reasons provided for refusal and the eligibility of your visa application. There are also strict timeframes within which each course of action is required, so this will be explained to you.

Specialist legal support with spouse visa applications

You should seek legal representation if you are making a visa application on behalf of a spouse, or have had a spouse visa refused. They will support you with the original application or will outline these three subsequent options and which you should opt for, in the event you have had an application refused.

At Ison Harrison we have a strong immigration team who have specialist knowledge and experience to help you with complex legal issues relating to immigration. We can make the situation clear and understandable by outlining your options and offering helpful advice at this challenging and stressful time.