UK Spouse Visa Refusal Appeal Process
Spouse Visa Refusals can be devastating for couples and families who wish to live together and create a life in the UK, but the decision can be challenged through the appeal process. We have experienced UK Visas and Immigration (UKVI) refusing Spouse Visa applications. It is probably because the British government has made a concerted effort to clamp down on immigration numbers by implementing a net migration target of less than 100,000 per annum.
At A Y & J Solicitors, our lawyers have an in-depth understanding of why spouse visas are refused and can provide expert advice on how to challenge the decision. In addition, if we recommend re-apply, we can provide assistance at the application stage, ensuring that your Spouse Visa application and supporting documentation are submitted correctly, drastically improving your chances of having your visa application approved.
What Are the Common Reasons for a UK Spouse Visa to Be Refused?
UK Spouse visa applications are commonly refused for the following reasons:
- The minimum financial requirements (i.e income of £18,600 per year or saving £62,500) are not met
- Immigration officials believe your marriage is not genuine or subsisting
- You have submitted incorrect documentation
- The forms have not been filled out correctly
- The English language requirement is not met
By instructing our lawyers at the beginning of the application process, you can be confident that it is unlikely your application will fail because you have failed to meet the above criteria.
What Are the Eligibility Requirements for A Spouse Visa Appeal or Judicial Review?
Spouse Visa appeal
The only grounds for a spouse visa refusal are based on human rights. The most commonly cited are rights under Article 8 of the European Convention on Human Rights.
Article 8 states:
Right to Respect for Private and Family Life
- Everyone has the right to respect for his private and family life, his home and his correspondence.
- There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
If UKVI is found to have made a decision which is in breach of their obligations under Article 8, immigration rules and/or policy guidance, it may be forced to re-examine the decision and grant leave to remain.
Judicial Review
Judicial Review is the process whereby the courts review the lawfulness of a decision made by a public body. It challenges the methods by which the decision has been made, rather than looking at the rights or wrongs of the conclusion.
If you do not have statutory right of appeal or have exhausted your right of appeal, we can make an application for judicial review (if an arguable case) on your behalf. It is a remedy of last resort; therefore, you can be assured we will look at all other possible solutions, such as negotiating with the Home Office and trying to settle within the Pre-action Protocol stage before committing to what can be an expensive judicial review process. Our clients also have full confidence that we will investigate the benefits of resubmitting an application before embarking on a course of appeals or judicial review, both of which can take some time to conclude. Our goal is to see your family reunited as soon as possible, by the most cost-effective and convenient means.
How A Y & J Solicitors Can Help if Your Spouse Visa Has Been Refused
For those who have received a Spouse Visa refusal, A Y & J Solicitors can help with every aspect of the Appeal and Judicial Review. Our experts will prepare the necessary paperwork and represent you before the tribunal or court. In every case, we provide our clients with excellent customer service and a transparent fee structure with no hidden charges or extra costs.
A Y & J Solicitors has extensive experience with appeals and judicial reviews for a variety of applications, and we approach each case with the expert attention and intervention that is required for a best possible outcome. Our success includes quite complex and difficult appeal / JR cases, including a recent successful appeal that involved UKVI allegations of deception along with lack of documents/incorrect documents in points-based system matters. We provided appeal preparation services and advocacy services for this case.
The expert lawyers have a great deal of knowledge preparing appeals bringing successful results for clients. We offer caring service throughout the entire process from initial consultation until the hearing and the best possible resolution. We are SRA-regulated and can work quickly towards the deadlines that often occur with appeals or judicial reviews.
We can accommodate our clients in a variety of ways, including in-house consultations at our central London office, or arranging online / telephone meetings. Our staff and lawyers are fluent in a number of foreign languages, including Indian (incl. Hindi & Gujarati), Romanian, Albanian, Italian, French.
If immigration officials have doubts about the genuineness of your marriage, they may request that you attend a Spouse Visa interview. If this happens, it is imperative that you take the request seriously and prepare thoroughly for the appointment. Our team can assist you by taking you through a mock interview.
The appeal process can take a long time, sometimes up to 12 months or more. We will endeavour to have your case settled as soon as possible by putting persuasive arguments to the Home Office prior to attending the tribunal or court. If a court hearing proves inevitable, you can be assured we will keep you informed every step of the way.
Success Story on Spouse Visa Refusal Appeal
Successful Spouse Visa UK Appeal Reunites Family
Mr K came to the UK without a valid visa. During his stay, he met his then-girlfriend (now wife), Mrs S at a mutual friend’s birthday party. They liked each other and engaged in conversation. Both left the party with good impressions of each other. They met again a few months later at Mrs S’s…
Video on Spouse Visa Refusal Appeal
UK Immigration Appeal Process
We are a specialised UK immigration law firm.
Today I want to talk to you about UK immigration appeal.
You might be able to appeal to the First-tier TRIBUNAL if the Home Office has refused your ‘asylum claim’, human rights claim or made a decision under the EEA Regulations.
The tribunal is INDEPENDENT of government. A judge will listen to both sides of the argument before making a decision.
If you are having a full right of appeal, then you should consider seeking legal advice from an experienced immigration lawyer.
Let me share as to how we deal with the appeals at A Y & J Solicitors.
The first step is to review your case and find out the chances of success for an appeal, the fees involved and the recommended approach to your appeal.
It’s not always advisable to appeal a decision, so make sure you have an expert advice before moving forward.
You will then be asked to gather documents and information to support your appeal. It’s important
that this is done quickly, because the deadline for appeal is short and inflexible.
Next, the hearing preparation begins. Let me summarize this in 5 points.
Point 1 includes compiling evidence to support your appeal,
Point 2 includes the skeleton argument your lawyer prepares in your defence,
Point 3 includes any examples of case law that are pertinent,
Point 4 includes any violation of the Home Office’s policy guidance, and
Point 5 includes a detailed statement of your situation that is completely accurate in showing your circumstances.
Your lawyer will then help you get ready by reviewing all information and any questions you may be asked during your hearing.
Now, at the hearing stage, there is a set structure.
First you will have a pre-hearing conference with your lawyer to help you feel confident and calm. Next, a brief meeting takes place between your lawyer and the presenting officer of the Home Office. Occasionally a favourable decision could arise from this meeting, and the hearing could be shortened to a decision. If a decision could not be made, the skeleton argument is handed to the judge, and your case is presented. You will be asked questions by your lawyer and by the Home Office. Then after, closing submissions are heard from the both sides. The hearing would be concluded with a private meeting with your lawyer to ensure that you understand everything that was discussed.
Usually a decision about your appeal is given later and is received in writing. After you receive this decision, you meet with your lawyer —hopefully to celebrate your upcoming Visa!
The appeal process is technical and often complex, if you have any questions or require our assistance, please get in touch. We’ve processed many successful appeals, and we can help you too. Our contact details are at the bottom of this video.
Thank you and I look forward to hearing from you soon.
Professional and comprehensive service that was faultless. The attention to detail and the guidance provided in completing the application and the required documentation was perfect. My consultant lawyer Sok Wei Low was extremely helpful and was always accessible to answer any questions I had at any time. I would highly recommend The service and was extremely pleased with the final outcome.