Refusal of any kind of visa application is bad. UK spouse visa refusal is even worse because you cannot join your partner in the UK. However, you can appeal against the decision of the Home Office. You will be informed about the right to appeal in the refusal letter.
Who can appeal?
Applicants who wish to join his/her married partner who is a British citizen can apply for a UK spouse visa. But if your visa is refused for one of the several possible reasons you can either apply for a fresh application or you can make an appeal against the decision. You will be informed about whether you have the right to appeal or not in the visa refusal letter sent to you by the Home Office.
How to appeal?
If you feel that the Home Office did not apply the law correctly while making their decision on your visa application, you can go for an appeal. You will be given a right to appeal to the First-Tier Tribunal Immigration and Asylum Chamber.
You can apply from within the UK and from outside the UK. When you want to appeal from within the UK, you must do so within the 14 days from the date of the decision. When you want to appeal from outside the UK, you must do so within 28 days after getting the decision. If you fail to apply within the time mentioned here and you still wish to apply you must explain the reason to the tribunal. Tribunal will decide if it can still hear your appeal or not. You can appeal online or through the post or fax.
The process of appeal
You can ask for an oral hearing. You need to either provide further evidence or need to prove that evidence that you submitted is sufficient. However, having an oral hearing will be decided by the tribunal whether you ask for it or not.
If the tribunal decided to give an oral hearing you will be informed about this and then you can attend the hearing. If no oral hearing is given to you, a judge will make a decision on your case based on your appeal form and the documents provided.
Usually, all hearings take place in public but if you want it in private, you can place a request sighting the reason for it. You also have the right to ask for a male or female judge but the decision on it will again be taken by the tribunal only.
Fees for an appeal against the UK spouse visa refusal
The fee for an appeal is £80 if there is no oral hearing while £140 if there is a hearing. But if get asylum support, legal aid or services from your local council and you are under 18 you may not have to pay a fee at all.
Getting a decision on your appeal
The tribunal will decide either in favor of your appeal or reject your appeal. If the tribunal allows your appeal it may simply mean that the Home Office needs to reconsider its decision. If you win the appeal Home Office will change its decision and you will be allowed to stay in the UK with your spouse. If your appeal is rejected then you may have to leave the UK.
You will be given the decision in person or by post by the tribunal. You will get a copy of it within the 4 weeks of the hearing. You can appeal against the decision of the tribunal also.
Get support from Visa and Migration
Visa and migration is a specialist in providing you with all advice and immigration services. We provide all kinds of support related to UK visa spouse refusal and other visa supports.
Read another blog on How to Appeal if Your Spouse Visa is Refused
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