Visa refusal is not a good thing. However, this is a reality. A UK spouse visa is for those who wish to join their partner who is either a British citizen or settled in the UK (Holding ILR or settled or pre-settled status under Appendix EU or holding a status under ECAA).
So, one should avoid making mistakes that could result in visa refusal. You should be aware of the reasons that could result in spouse visa refusal. Here are some:
The main reasons for spouse visa refusal.
1. Your relationship is not genuine.
2. Immigration officers fail to believe that your marriage is genuine or subsisting.
3. You and your partner fail to meet the financial requirement, i.e. annual income of £18,600 or savings of £62,500 has not met.
4. You have submitted the wrong documentation, or you have not submitted all the required documents.
5. You have not filled the forms correctly.
6. You fail to meet adequate accommodation and maintenance requirements.
7. You fail to meet the English language requirement.
These are some of the main reasons which can potentially cause your spouse visa refusal.
What to do if your spouse visa has been refused?
It would be best if you tried to avoid reasons in the first place so that your spouse visa has not been refused. But once your visa has been denied, you also need to know what is the remedy to this.
UK Spouse visa Appeal
You can appeal against a spouse visa refusal at the First-Tier Tribunal based on HR claims. Human rights are the only ground for spouse visa refusal. The rights under Article 8 of the European Convention on Human Rights stated the right to respect private families.
"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 following the law and is necessary for 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 the protection of the rights and freedoms of others"
You can appeal in 28 days if you are given the right to appeal from outside the UK or 14 days from inside the UK.
How to make an appeal?
You can appeal online or by post. However, online appeals are quicker than appeals by post.
In some cases it may be best to lodge a new application as this is quicker and the issue of refusal can be resolved by simply submitting the evidence required.
If you are looking for professional advice and representation on your application, you can contact Visa and Migration Ltd on 02034111261