As specialists in immigration law, we know first-hand just how disappointing it can be to receive a refusal letter after making a Spouse visa application. After all, refusal often means that a husband, wife, or partner cannot travel to and join their loved one in the UK. We are often approached by spouse visa applicants whose application has been refused. The reasons can be errors in the application, ineligibility, missing information, concerns over a sham marriage, or due to mistakes by the Home Office.
Applying for a Spouse visa can be a complex and daunting process. The application process is rigorous and requires attention to detail, and even minor errors can lead to delays or rejection. Thankfully, by taking the right approach from the outset, spouse visa refusals can be avoided.
10 Common Mistakes You Must Avoid On a Spouse Visa Application
Here are ten of the most common mistakes that you can avoid when applying for a spouse visa. These reasons are based on our experience of helping other applicants.
- UKVI believe that your relationship is not genuine
- Not meeting the relationship requirements
- Insufficient financial evidence
- Not completing the application form correctly
- Not meeting the English language requirement
- Inadequate accommodation and maintenance
- Not disclosing past criminal convictions
- Failing to pay the Immigration Health Surcharge
- Choosing not to seek professional advice when needed
- Ignoring and not responding to requests for additional information from the Home Office
1. UKVI Believes That Your Relationship is Not Genuine
If the Home Office believe that your marriage or civil partnership is a ‘sham’, they may immediately refuse your spouse visa application. It is important to provide sufficient evidence that your marriage is genuine. You cannot use this route merely for the purpose of gaining a visa to enter and remain in the UK. To avoid being subject to further investigation into the circumstances of your marriage or civil partnership, we recommend providing:
- A marriage certificate or civil partnership certificate, translated where necessary (your marriage must be legally recognised in the UK)
- A letter from a government, a bank, a landlord, a utility provider, or a medical professional. This confirming your relationship with your partner
- Evidence that you and your partner have lived together (e.g. a rental agreement, utility bills or council tax bills)
- The bank statement from a joint bank account with the same address
- A letter from your doctor or dentist confirming that you live at the same address
It is also advisable to collate evidence of how and when you met and that your relationship is genuine. While this may not be required if the Home Office asks for further information, you should provide it immediately. You cannot delay such requests. Additional evidence may include messages between you and your partner, photos, details of how you met, and evidence of your time together, etc.
2. Not Meeting the Relationship Requirements
Beyond the genuine relationship requirements, to be eligible to gain a spouse visa, you must:
- Be in a civil partnership or marriage that is legally recognised in the UK or
- Have been living with your partner in a relationship for at least 2 years when you apply, or
- A fiancé, or proposed civil partner and will marry or enter into a civil partnership in the UK. But this should happen within 6 months of arriving, or
- Have been in a relationship for a minimum 2 years, but you are unable to live together for a genuine reason. For example, if you are working or studying in different places, or being together is not accepted in your culture.
3. Insufficient Financial Evidence
In order to make a successful spouse visa application, you must meet the financial requirements. Under the current rules, applicants must have a combined income of at least £29,000 per year (plus £3,800 for one child and £2,400 for each additional child). You can include salaries, self-employment profits, pensions and savings. So, gather your payslips, bank statements and tax returns covering the required periods before you apply.
All too often, spouse visa applicants are refused because they have not shown how they meet this requirement. In other cases, they failed the financial requirement because they had miscalculated how much they earned. It is all too easy to make a mistake when working out your pay on a pro-rata basis, for example.
To ensure that you meet the financial requirements, we recommend that you:
- Instruct an immigration lawyer to check that you meet the financial requirements
- Check how much income you must have
- Understand the forms of income that can count towards meeting this requirement (e.g. non-work income and savings)
- Provide sufficient evidence of income, such as pay slips, bank statements, or tax returns, and
- Ensure that all financial documents are up-to-date accurate, and cover the specified period, typically six months.
If you do not meet the financial requirements, it is better to understand this before applying. There may be ways of proving that you meet the financial requirements through other means. This includes benefits received by your partner, the scenario that you have a child who has been living in the UK for 7 years or on the basis of your human rights.
4. Did Not Fill the Application Form Correctly
Your spouse visa may also be refused if you use an out-of-date application form (more likely if you are applying on a paper form). All spouse-visa applications now run online. For entry, use “Apply as partner or spouse”; for extensions, use the FLR(M) form. Consequently, double-check that you picked the right route and completed every field before you click submit.
Another related reason is that you do not complete the form fully or correctly. For this reason, we always advise applicants to double-check and even triple-check that they have filled out the correct form and that every section is completed in full. Due to the time-consuming and complex nature of completing immigration forms, it is always advisable to instruct an immigration lawyer who can handle this for you. If you are applying for several family members, you should absolutely get some legal assistance.
5. Not Meeting the English Language Requirement
Depending on your nationality, you must demonstrate your proficiency by meeting CEFR A1 in speaking and listening in the English language when applying for a spouse visa. Some applicants assume that they do not need to prove this requirement or fail to provide sufficient evidence. You may need to take and pass an approved English language test. But this is an exception if you are from an English-speaking country or have a degree taught in English.
6. Inadequate Accommodation and Maintenance
Another common pitfall is failing to demonstrate adequate accommodation and maintenance funds for you and your spouse. This is especially important if you have children, as you will need to demonstrate that you have a suitable space and living funds for everyone who will be living with you.
In terms of accommodation, the Home Office will want to see that you have a place to live that will not result in overcrowding. This might require providing tenancy agreements, a letter from a landlord, or proof of homeownership. If you are staying with family, a letter from them confirming that they are willing to accommodate you and your spouse may need to be provided.
While the Home Office does not specify an exact amount you must have to support yourself, they state that adequate maintenance funds means that “after income tax, National Insurance contributions and housing costs have been deducted, there must be available to the family the level of income that would be available to them if the family was in receipt of Income Support”.
7. Not Disclosing Past Criminal Convictions
All too often we see visa applications being refused because the applicant has not fully disclosed criminal convictions such as driving offences. Applicants often omit prior convictions either because they think they don’t need to include them, the offence was many years ago, it was relatively minor, or because they don’t want to harm their chance of a successful decision. In reality, not disclosing a criminal conviction when required to do so may be seen as an attempt at deceiving the Entry Clearance Officer (ECO) leading to refusal. Certain convictions, especially if spent or of a minor nature will not lead to refusal but non-disclosure almost certainly will. If you are unsure, please speak to a member of our immigration law team.
8. Failing to Pay the Immigration Health Surcharge
In the UK, Spouse visa applicants must pay the Immigration Health Surcharge (IHS): £1,035 per year for adults and £776 for under-18s, as part of their visa application. This fee allows visa holders to access the National Health Service (NHS) during their time here. Some applicants overlook this requirement or do not pay the correct fee, leading to a delay or rejection of their application. Therefore, factor this payment into your plans.
9. Choosing Not To Seek Professional Advice When Needed
The complexities involved in applying for a spouse visa often necessitate professional guidance. Immigration rules and requirements can change frequently, and what worked for someone else might not apply to your situation. Failing to seek legal advice when needed can result in errors that could have been avoided. An experienced immigration lawyer will ensure that your application is accurate, complete, and has the best chance of success.
To learn more about how to deal with a Spouse visa refusal, download this free checklist.
10. Not Responding to Requests for Additional Information from the Home Office
Spouse visa applications often require additional documentation or clarifications, and failing to respond promptly can lead to delays or a refusal. The Home Office can issue a “notice of intent to refuse” if they need more evidence. Hence, it is important to monitor your application status, email account, and postal correspondence regularly and respond to any requests from the Home Office—usually within 28 days—to prevent automatic refusal.
Why Do UK Spouse Visas Get Rejected?
The UK spouse visa application is most likely to be rejected on the grounds of deficient documents, unverifiable information, and failure to meet the minimum financial requirement. If the couple cannot prove that their relationship is genuine, this is a huge red flag. Very poorly prepared applications are the main reason behind this. Additionally, translation errors or expired documents could also lead to rejection. So, double-check everything, be very observant about following all the visa rules, and be honest with the submitted information. This way, you avoid common pitfalls and keep your application on track.
What is the 28-day Rule for a UK Spouse Visa?
The 28-day rule requires you to make your UK spouse visa application within 28 days of passing the financial requirement. Let’s say you are using payslips or bank statements – these should not be more than 28 days old when applying. Otherwise, UKVI will reject your application. So, plan it according to the visa conditions. Cross-check all the document dates and then apply at once. Even one extra day can become a problem, so don’t be late in submitting the application.
How Do I Prove My Relationship is Genuine for a Spouse Visa?
To prove your relationship, provide evidence of regular chat history, photos together, travel records, and telephone call logs. Also, include a clear timeline of the relationship and letters from friends or family who know you both. Then add your marriage or civil partnership certificate. If you have lived together, submit joint bills or tenancy agreements. Basically, build a story that makes sense. Avoid gaps, stay honest, and back everything up with solid, well-dated evidence.
Final Words
By avoiding the common spouse visa mistakes outlined in this article, you will significantly improve your chances of a successful application and reduce the risk of unnecessary delays or refusals. If you are in any doubt, seeking professional guidance will ensure that your application is as strong as possible. And if the Home Office refused your visa, speak to a member of our team as soon as possible. We can suggest ways to have the decision changed in your favour, or in some situations, we may recommend submitting a fresh application for the same or a different visa type.
At A Y & J Solicitors, we have handled over 100s of successful Spouse visa applications. With a 95% success rate, we have achieved an overall track record of 5,000+ successful immigration and visa cases through our result-driven approach to every application. We take on each client with the genuine intention to provide our undivided care and attention to their case. Our end-to-end immigration support will enable the clients to be confident that their Spouse visa process is in expert hands committed to their success.
Why A Y & J Solicitors?
With over thousands of successful immigration cases to our name, A Y & J Solicitors has built its reputation on trust, care, and real results. Over the 15+ years of working in UK immigration law, we’ve helped individuals and businesses confidently navigate sponsor licences, visas, and ILR applications. We’re proud to be recognised by The Legal 500, but it’s our clients’ peace of mind that matters most. When you work with us, you get clear advice, honest support, and a team that’s truly on your side.
A Y & J Solicitors is a specialist immigration law firm with extensive experience with all types of visa applications. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us on +44 20 7404 7933 or contact us today. We’re here to help!
