UK Spouse Visa Refused: What to Do Next
Has your UK Spouse Visa been refused? You’re not alone—and you’re not without options. Every year, thousands face this disappointing outcome. But what matters most is how you respond after the refusal. This guide walks you through the immediate steps to take, your legal options, and how to make your reapplication or appeal as strong as possible.
What to Do Immediately After Your Spouse Visa Is Refused
If your UK Spouse Visa application has been refused, take a breath. There are clear next steps:
1. Understand the Reason for Refusal
You will receive a refusal letter from the Home Office outlining the reasons behind their decision. Common reasons include:
- Failure to meet the genuine relationship requirement
- Insufficient financial documentation
- Accommodation requirement not met
- Missing documents or invalid information
Refer to our Spouse Visa Document Checklist or download the Spouse Visa Document Checklist PDF to ensure you covered all necessary items.
Legal Options After a Spouse Visa Refusal
There are two primary legal routes you can consider if Your UK Spouse Visa Refused. The appropriate course of action will depend on the specifics of your case.
Option 1: Appeal Based on Human Rights (Article 8 – ECHR)
If you believe your right to family life is being unjustly interrupted, you can appeal the refusal on human rights grounds:
Appeal to the First-Tier Tribunal (FTT)
Base your claim on Article 8 of the European Convention on Human Rights (ECHR), which protects the right to family life
Include supporting documentation proving the relationship and your intent to live together permanently in the UK
Key Steps for Human Rights Appeal:
File the appeal within 28 days of receiving the refusal letter.
Submit evidence of your relationship, financial stability, and your intention to live together permanently in the UK.
The FTT will assess your case and may grant permission for your spouse to enter the UK.
Option 2: Judicial Review (JR)
If you believe the decision made by the Home Office was unlawful, you can apply for a Judicial Review (JR). A Judicial Review challenges the lawfulness of the Home Office’s decision, rather than the factual accuracy.
Pre-Action Protocol (PAP) is typically the first step, and it involves contacting the Home Office to address issues before heading to court.
Judicial Review is often seen as a last resort, as it involves more time, effort, and legal fees.
When Should You Choose Judicial Review?
If you feel the Home Office made an error in law (i.e., misinterpreted the regulations or applied the wrong criteria).
If you have a strong case and want to challenge the refusal on legal grounds.
Key Steps for Judicial Review:
File for Judicial Review within three months of the decision date.
Initiate the Pre-Action Protocol (PAP).
If the Home Office does not resolve the issue, proceed with the Judicial Review claim.
If successful, the Home Office will reconsider your spouse visa application.
We recommend consulting with one of our Axis immigration solicitors for expert advice and assistance with either option.
Submit a New Application
Sometimes, appealing isn’t the best course. If new documents or improved evidence is available:
- It might be better to reapply with stronger evidence
- Use our Spouse Visa UK Guide to avoid mistakes
Common Reasons for UK Spouse Visa Refusals
1. Not Meeting Financial Requirements
To qualify:
- Your sponsor must earn £29,000 per year (as of April 2024 changes)
- Or have £88,500 in savings to meet the financial threshold without income
- These figures increase further if you have dependent children
More details in our Spouse Visa Financial Requirement Guide
2. Lack of Genuine Relationship Proof
You must prove your relationship is real and subsisting. Evidence includes:
- Marriage certificate
- Travel history
- Photos, chat logs, joint bank statements
3. Accommodation Requirement
You must show you have adequate accommodation for your partner. Learn more in our detailed page on Accommodation Requirements for UK Spouse Visa
4. Incomplete Documentation
Missing or incorrect documents is a frequent issue. Avoid this with our downloadable Spouse Visa Document Checklist PDF
What’s the Typical Spouse Visa Processing Time?
The UK Spouse Visa Processing Time can vary, but here’s a general estimate:
- Standard service (outside UK): 2–3 months
- Priority service: 30 working days
- Super priority (in-country only): 24 hours
Understanding these timelines can help you avoid unnecessary delays.
Success Story: Entry Clearance Granted After Refusal (Axis Case Study)
Over the past years, we have ensured that our clients don’t face any potential risk of refusal. Thereby, we keep a good track record of successful Spouse Visa applications. Through our excellent client services, our immigration lawyers will keep the ball rolling for you till you get your spouse’s visa approval.
In 2008, our clients got married outside the UK. After making several attempts to apply for the spouse visa entry clearance, they faced rejections. When they reached out to our Immigration specialists, we prepared an application with a detailed representation letter addressing all aspects concerning their application and reasoning for the past refusals. Our cover letter became the very anchor boosting the merits of spouse visa application. We helped our clients with an entry clearance grant based on a Spouse, within just 12 weeks during the lockdown.
Need Expert Help After Your UK Spouse Visa Refusal?
Our team at Axis Solicitors has years of experience handling:
- Spouse Visa Appeals
- Fresh Applications
- Judicial Review Proceedings
- Document Reviews and Legal Representation
Reach out today:
- Call: 08081644077
- Email: contact@axis.lawyer
- Live Chat or Contact Form: Available 24/7 on our website
We offer a free initial assessment to review your refusal letter and guide you to the best next step.
Related Pages & Resources:
- Spouse Visa UK
- Spouse Visa Processing Time
- Spouse Visa Document Checklist
- Accommodation Requirement for UK Spouse Visa
- Judicial Review Immigration Guide
Conclusion:
A UK Spouse Visa refusal isn’t the end of the road. Whether through appeal, Judicial Review, or reapplication, there are paths forward. With professional help, your chances of success increase significantly. Let Axis Solicitors stand by your side through every step of the process.
Axis Solicitors are well-versed and highly experienced with fresh applications, Appeals, and Judicial Review processes concerning any UK immigration matter. You can entrust your case to one of our well-trained Lawyers. Accordingly, our immigration appeal specialists will then advise you on the best possible solution leading to a successful Spouse visa application.
FAQ’s
1. What is UK Spouse Visa Rejection Rate?
The estimated UK Spouse Visa Rejection Rate is 20% to 25%, meaning 1 in 4 applications are unsuccessful. For more accurate date its best to consult with Home Office.
Refusals often occur due to missing documents, failure to meet the financial requirement, or lack of evidence of a genuine relationship.
2. Do UK spouse visas get rejected?
Yes, UK spouse visas can be rejected (refused). Common reasons for refusal include:
Failure to meet the financial requirement: As of April 2024, the minimum income threshold is £29,000 per year, with plans to increase it to £34,500 in 2025 and £38,700 by early 2026.
Insufficient evidence of a genuine relationship: Applicants must provide comprehensive documentation, such as joint bank statements, photos, and communication logs, to prove the authenticity of their relationship.
Incomplete or incorrect documentation: Missing documents or errors in the application can lead to refusal.
Failure to meet other eligibility criteria: This includes requirements related to accommodation, English language proficiency, and immigration status.
3. Is a UK spouse visa hard to get?
While the UK spouse visa process is not necessarily hard, it is detailed and requires careful attention to detail. Applicants must meet specific criteria, including the financial requirement, proof of a genuine relationship, and other eligibility factors. Recent increases in the financial threshold have made it more challenging for some applicants to meet the requirements. Axis Solicitors Limited
4. What are the odds of getting a UK visa after rejection?
The odds of receiving a UK visa after a refusal depend on the reason for the initial rejection and how the applicant addresses those issues. If the refusal was due to correctable issues, such as insufficient documentation or failure to meet the financial requirement, and the applicant provides the necessary evidence in a subsequent application, the chances of approval can improve. However, if the refusal was due to more complex issues, such as concerns about the genuineness of the relationship, it may be more challenging to overcome the refusal.
5. What is the rejection rate for partner visas?
The rejection rate for UK partner visas varies. In the year ending March 2023, there were 9,684 refusals out of 70,040 applications, resulting in an overall success rate of approximately 86%. For specific countries, the success rates differ. For instance, applicants from Pakistan had a success rate of 93%, while those from Afghanistan had a success rate of 56%.
In 2024 Overall UK Family Visa Success Rate: In 2024, the overall success rate for family-related visas was approximately 86%.
