Top Reasons For UK Spouse Visa Refusal
Applying for a UK Spouse Visa is both exciting and stressful at the same time. It is well-known that the UK government is quick to refuse; even highly talented sportspeople who have played for England have been refused a Visa.
The key to ensuring your Spouse Visa application succeeds is knowing why they are refused and making sure you avoid common traps that lead to applications being refused.
The top reasons for Spouse Visa refusals are as follows:
Not Sending the Right Documentation or Mis-ordering Documents
One of the main advantages of instructing an immigration lawyer to assist you with a UK Spouse Visa application is they will ensure the correct documentation is submitted with your application, and they are ordered correctly.
Below are some of the documents you will need to submit with your application (this list is not exhaustive):
- Your current passport or other travel documents
- Your marriage or civil partnership certificate
- Details of any criminal convictions, if applicable
- Your parent’s date of birth and nationality
- Your National Insurance number (if you have one)
- Details of your accommodation in the UK
- Bank statements and details of your salary showing your sponsor can meet the minimum income threshold, depending on the financial category you are applying
- Your sponsor’s British passport or Indefinite Leave to remain documents
- Details of any children who are also coming to the UK
- Details of the countries outside the UK you’ve lived in and visited
All documents must be presented in chronological order and in the correct format. Something as trivial as marking the wrong box could result in a refusal, so it is crucial you have your entire application pack checked before sending it to UK Visas and Immigration.
Not Passing the English Language Requirement for a UK Spouse Visa
The English language requirement for a UK Spouse Visa is strict. If you do not come from a listed country where English is predominantly spoken or have a suitable academic qualification, you will need to pass an approved English language test with at least a CEFR level A1 in speaking and listening.
If you are unsure which provider of an English language test to choose, your immigration lawyer will be able to assist you.
Your Relationship Does not Seem Genuine and Subsisting
To obtain a UK Spouse Visa, you must prove to UKVI decision makers that your marriage is genuine.
Immigration officials are highly trained to spot any sign of a sham marriage; therefore, you must ensure there is no reason for suspicion.
Your application must include documents such as a marriage certificate and, if possible, mortgage documents which show you own property together. Details of joint bank accounts, loans, and purchases should also be included. If you have children together, make sure you note this in your application, even if they are adults and do not intend to come to the UK with you.
Not Disclosing Prior Criminal Convictions on Your UK Spouse Application
Never, ever try and hide something from UKVI, they can and will find it. If you have a prior criminal conviction, the worst thing you can do is not disclose it and hope for the best. Your Spouse Visa is likely to be rejected faster than the time it takes for the entry-clearance officer to make a cup of tea. In addition to your current application being rejected, you will be marked as a person who tried to deceive the Home Office and could be banned from entering the UK for up to ten years.
If you have been convicted of a criminal offence, contact an immigration lawyer in the UK and follow their advice. It may not be possible to enter the UK on a Spouse Visa immediately. Your lawyer will advise you of alternative options that may allow you to join your family.
Insufficient Proof That Your Sponsoring Spouse Meets the Minimum Income Requirements
The hardest hurdle for most couples seeking a UK Spouse Visa is the minimum income requirement. This is currently £18,600 per annum, and this rises with each child who is accompanying you.
Since the landmark Supreme Court case of MM and others v Secretary of State for the Home Department, UKVI decision-makers must consider the welfare of any children as well as certain alternative sources of income. Therefore, if you do not meet the minimum income threshold, but you have children or other sources of funding, speak to an immigration lawyer who can advise you of your options and make a strong case to UKVI that your application should be approved.
Applying for a UK Spouse can be a complex process. Ensuring you receive the right legal advice will give you an enormous advantage and increase your chance of a successful application.
A Y & J Solicitors are specialists in immigration law based in central London. If you would like more information about applying for a UK Spouse Visa, please contact us at [email protected] or call +44 20 7404 7933.
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.