USA and the UK
UK Spouse Visa Refused
Spouse or Civil Partner Visas are infamous for issuing a high volume of refusals. The UK government follow strict rules and so often refuse a Spouse Visa application on the grounds of marriage fraud or deceit.
If you are from the US and you have had your UK Spouse Visa refused, it could be for a number of reasons. It could be that the evidence you submitted was not adequate enough, or you may have submitted a suspiciously high volume of documents. This rouses suspicion that your relationship is fraudulent.
How can IAS help?
To speak to a lawyer about having your refusal overturned, contact us on +1844 290 6312 or make an inquiry online. Our lawyers cooperate with the UK’s Home Office to negotiate the terms of your refusal and will then advise you further on your appeal process.
Last modified on June 17th, 2023 at 7:49 am
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If you have had your Spouse Visa refused, it is most likely due to the evidence you submitted with your application. The UK government analyzes every aspect of your information and application. Any minor discrepancy or inconsistency could lead them to doubt your relationship.
It is a common misconception that it is easy to convince the UK government that your relationship is sincere. Even if you had a genuine wedding, having your UK Spouse Visa refused is common practice by the Home Office.
Should you be granted the right to appeal their decision, you will only have 14 days to act.
If you’ve had your Spouse Visa extension refused, then you should be issued with a refusal letter. This letter should detail the Home Office’s grounds for rejection and your right to appeal.
If you applied from the US, your Spouse Visa is valid for 2 years and 9 months (33 months). If you applied from inside the UK, your visa is valid for 2 years and 6 months (30 months). You should, therefore, give yourself plenty of time when applying for a Spouse Visa extension. Proving that your marriage is real and long-lasting can be very difficult.
If you choose to ignore a refusal letter and overstay past your visa expiry date, the UK government are strict in penalizing overstayers. The Home Office is most likely to refuse all future Spouse Visa extensions or visa applications that you may make in the future. You could be denied re-entry to the UK if you are found breaking immigration laws. You could be categorized as a deceitful and unlawful person, marking you as an ‘undesirable person’ to live in the UK. This would affect all future applications to the Home Office.
It is important that you take a refusal letter seriously and act fast if you want a good chance at appealing.
If you have had your Spouse Visa or Spouse Visa extension refused, it cannot be re-assessed by the Administrative Visa Review. You can, however, appeal to the First-tier Tribunal (Immigration and Asylum Chamber).
Significantly, the Tribunal is independent of UK government. The Tribunal judge will assess each argument and side equally before making a decision.
If you lose the appeal and strongly believe your case has been misgoverned, it is possible to bring your case to the Upper Tribunal. The Upper Tribunal deal with appeals against decisions by the First-tier Tribunal and will review your case.
It is best that you do not exhaust your appeal rights.
Having your UK Spouse Visa refused can be a very stressful time. At the Immigration Advice Service, we seek to relieve as much stress as possible from your appeal process.
We can provide you with an Appeal Package in the case that your Spouse Visa has been refused, including:
- Discussing the requirements of the UK Immigration Rules relevant to your individual case;
- Delivering in-depth advice on the merits of appeal against your refused Spouse Visa;
- Assessing all your information with a trained eye, highlighting any potential issues that the Home Office may find;
- Professionally submitting the required forms;
- Producing a comprehensive and thorough argument, backed by a document bundle for the court;
- Organizing your documents chronologically to also be presented as evidence in court;
- Expertly representing you, from beginning through to the end at all tribunal hearings;
- Liaising with the appropriate authorities until a decision has been reached.
At IAS, we will provide you with high-standard legal representation to see your appeal right through to the end.
Get in touch with us today to increase your chances of uniting with your partner and residing in the UK long-term. Call us on +1844 290 6312 or make an inquiry online.