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 due to 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.
Here are ten of the most common mistakes that you can avoid when applying for a spouse visa based on our experience of helping others.
- 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
- Not seeking professional advice when needed
- Not responding to requests for additional information from the Home Office
1. UKVI believe 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 and not 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 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)
- A 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 immediately if the Home Office asks for further information, you can provide it without delay. 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, fiancée or proposed civil partner and will marry or enter into a civil partnership in the UK 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 (e.g. if you are working or studying in different places, or if 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 annual income of at least £29,000. This amount increases if you have dependent children.
All too often, spouse visa applicants are refused because they have not shown how they meet this requirement or they have miscalculated how much they earn. 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, including benefits received by your partner, if you have a child who has been living in the UK for 7 years or more, or on the basis of your human rights.
4. Not completing 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) or if 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, especially if you are applying for several family members, it is always advisable to instruct an immigration lawyer who can handle this for you.
5. Not meeting the English language requirement
Depending on your country of nationality, you may need to demonstrate your proficiency 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 unless 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) 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.
9. Not seeking 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.
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. For this reason, it is important to monitor your application status, email account, and postal correspondence regularly and respond to any requests from the Home Office in a timely manner.
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 your visa has been refused, 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.
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!
