Often considered a herculean task, applications pertaining to a Spouse visa in the UK suffer the highest number of refusal by the Home Office. Consequently, this leads to many sad experiences as no one really wants to be separated from their loved ones. This blog explains to you the techniques through which you can easily avoid such situations. There are certain steps which need to be followed properly so that you are successful in your application. 

At Irish Expert we have an expert team of immigration assistance, ready to help in matters of Spouse visa rejection. Our team of lawyers can provide you with high level legal assistance throughout the appeal process. You can contact our immigration lawyers for advice on your options by making an enquiry online.

Table of Content

1. Common reason for rejection of Spouse visa
2. Appeal Process: Legal Remedy for Spouse visa refusal.

      2.1 Article 8 of the European Convention on Human Rights.

      2.2 Appeal process explained.

  3. How Irish Expert can help?

1. Common Reasons for the rejection of UK Spouse Visa 

Before we begin the steps to be followed for the appeal process, it is important to understand the causes of spouse visa refusal. 

One of the important reasons for the Spouse visa rejection is failure to meet the Spouse Visa eligibility requirement, or genuine relationship criteria. And most of the time it is not ineligibility but lack of proper evidence to substantiate the needful requirements.

The UK Home Office is highly trained to detect fake applications with regards to the Spouse visa. They have made it tough for the individual to prove the originality of their application. Lack of proper evidence to support the relationship with your partner can lead to visa refusal. And such rejections are inevitable in scenarios where a suspicion arises that the individual lacks a genuine intention to live with the spouse after marriage.

Without assistance from a well-qualified immigration lawyer, adherence to the stringent rules and for the above stated reasons, Spouse visa rejection is inevitable.

Other reasons include:

1. Income  below GBP 18,600 per year
2. Savings below GBP 62,500 
3. Submission of incorrect documents
4. Forms not filled correctly
5. Requirement for English language un-met

2. Appeal process: Legal remedy in the case Spouse visa rejection

  2.1 Article 8 of the European Convention on Human Rights

Through Article 8 of the European Convention on Human Rights (hereinafter “Article 8’), everyone has a right to appeal a Spouse visa refusal on human rights grounds.  

Article 8 reads:

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 promises you to appeal in cases where the Home Office have breached their obligations by rejecting your Spouse visa application. This article would force them to alter their decision regarding the application, consequently granting you a leave to remain in the UK.

       2.2 Appeal Process Explained

The entire process in respect of the appeal would be explained in the decision letter one receives from the Home Office.

These would be further divided into a number of steps, which are as follows:

Step 1: Completion of an appeal form and submission of the same within 14 days (if you are in the UK), or 28 days (if you are outside the UK) of receiving the decision.

Step 2: Forming a decision on the information in the appeal form and any documents supplied to the tribunal. This would be accompanied by a fee of GBP 80 in a case where you do not want a hearing. And GBP 140 for an instance where you have requested an oral hearing.

 There is a way through which you can increase the chances of your application being successful. And the same can be done through providing the latest information which adds to your matter, thus increasing the eligibility for a Spouse visa. This information should not be one you have already given to the Home Office before. 

Now, in the case where your application is successful, then the Home Office will be told to reconsider their judgment and in most cases, the Spouse visa will be granted to the individual. However, if it is unsuccessful, then the matter can be brought over to the Upper Tribunal. And this tribunal shall consider the decisions made in the previous tribunal or Tier 1 tribunal. 

And for such cases, having assistance from a qualified immigration lawyer proves beneficial. 

Your entire appeal process can be as short as 15 weeks, but extending over 12 months. 

4. How Irish Expert can help?

Our team of experienced lawyers will assist you though the entire process of appeal. They will proceed with the case by extracting its entire backgrounds, presenting you a map on how to proceed. Through years of experience, we have always been able to provide options in cases which have been complicated and urgent in nature.

Our experienced immigration lawyers assist individuals with visas and other immigration matters across India, UK, and the UAE. We provide every client personalized access to expert team of lawyers who minutely understand the complicated nexus of immigration laws and the extensive impact of these legal rules on an individual’s life. Our aim is to guide and help you !