Spouse Visa Refusal Appeal – Challenging the Home Office Decision
Despite many years as immigration lawyers, our team never fails to be moved following the successful granting of a UK Spouse Visa:
I would 100% highly recommend A Y & J Solicitors services.
I would 100% highly recommend A Y & J Solicitors services.
Diana as well, very thorough with her bits, very knowledgeable and eye for detail, absolute perfectionist.
Everyone at office are helpful and indeed friendly. I would 100% highly recommend A Y & J Solicitors services.
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The application for Spouse Visas is analysed solely on the basis of the information included with the application and the legitimacy of your claim. Unfortunately, in a bid to bring immigration figures down to under 100,000 per year, a large number of applications are turned down by UK Visas and Immigration (UKVI). However, many decisions are quickly overturned upon lodgement of an appeal, leaving room to suspect that many applications are rejected for flimsy reasons, and UKVI simply hopes the applicant has neither the time, information, nor resources to launch a challenge.
Around 40% of immigration cases are overturned on appeal. Given that this statistic only relates to those who have the means and wherewithal to challenge a UKVI decision, it is likely many visa rejections, including those for Spouse Visa applications, are the result of an injustice.
It is crucial for applicants to understand and follow the correct process if their UK Spouse visa was rejected. Instructing an experienced immigration lawyer to assist them in challenging the decision through the appeal process increases the chances of having the UKVI’s decision overturned.
Common Reasons for UK Spouse Visa Refusals
Some UK Spouse Visa applicants mistakenly believe that because they and their spouse love each other, have good jobs and a happy family, UK Visas and Immigration will be sympathetic and understanding regarding any discrepancies in their visa application. Please believe us when we say, “they won’t”. Immigration officials can refuse applications if the documents you have provided do not meet the standards. Any mistake on your application or required documentation not submitted will likely lead to a refusal. This is why it wise to ask an experienced immigration lawyer to help you make the initial application for entry into the UK or leave to remain via the Spouse Visa route.
Spouse Visas can sometimes be rejected because of case-worker incompetency. In a recent article in the BBC, British national Toni Stew explained her pain.
“My son has seen his father a few times only,” says British national Toni Stew.
“I feel like a single mother rather than a wife.”
“I feel very guilty towards my baby,” she says.
Throughout our experience in dealing with such complex situation, the majority of UK Spouse Visas are refused mainly on the basis that applicants failed to submit the mandatory evidence, such as the correct evidence of their or their Sponsor income. Applications are also refused due to insufficient evidence of the claimed relationship or bad immigration history of the Applicant. Further, a big number of the clients that walk through our doors to seek out assistance have prepared their UK Spouse applications themselves.
The Grounds for Appealing a UK Spouse Visa Refusal
One of the ways to appeal a Spouse Visa refusal is on human rights grounds. However, before you look into making an appeal, you should seek the advice of an experienced UK immigration lawyer. It could possible that fresh application is a more appropriate solution than challenging the decision in the Tribunal. At A Y & J Solicitors, we will quickly establish whether your case has more chance of success through submitting a new application or an appeal.
Most UK Spouse Visa Appeals are based on Article 8 of the European Convention on Human Rights (ECHR).
Article 8 states:
Article 8 – Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. 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.
Article 8 is not an absolute right; this means the British government has a right to balance a person’s right to family and private life with the ability to control immigration. Therefore, when bringing an appeal, the job of your immigration lawyer is to not only prove to a judge your rights under Article 8 have been breached by the UKVI decision regarding your UK Spouse Visa, but that their refusal was a disproportionate interference with your right to family and private life.
The Process to Appeal Your UK Spouse Visa Refusal
Depending on whether the UK Spouse Visa application was refused in the country or abroad the process will defer. If your UK Spouse Entry Clearance application was refused the process will first require the applicant to lodge an appeal with the First Tier Tribunal requesting for the Entry Clearance Manager (ECO) to review the decision. You have up to 28 calendar days from the day you received the refusal of your UK Spouse application. The timeline can be up to 15 weeks so there is a need for patients in the proceedings. With a good team of lawyers by your side, it is likely that the decision can be overturned at this stage without the need to attend a hearing and you and your spouse can be reunited earlier.
Should the ECM suggest that the initial decision was correct, the tribunal will list your appeal for a hearing. The Tribunal is likely to consider the circumstances more than the original official who made the decision on an application. This means that you will likely receive a fairer trial at the tribunal and if you do better preparation, it will give the best chance possible to be successful in your appeal.
If your UK Spouse Visa application was refused in the country, you can challenge the decision within 14 calendar days from the date the decision was made via lodging an appeal with the First Tier Tribunal.
Get Professional Help With Your UK Spouse Visa Appeal
UK Spouse Visa Appeals can be an extremely complex process and our team at A Y & J Solicitors can assist and guide you through the appeal process. Fortunately, many refusals are quickly reversed on the threat of an appeal, meaning it is possible that you may not have to attend a Tribunal hearing. For this reason alone, it is imperative you fight to bring your family together. At A Y & J Solicitors we can help you reunite and start a new life as a couple in the UK.
Disclaimer: No material/information provided on this website should be construed as legal advice. Readers should seek an appropriate professional advice for their immigration matters.