One of the most common grounds for Spouse visa refusals is failing to meet the genuine relationship requirements. When applying as a partner or having plans to settle in via ILR permanently, you need to additionally prove the individual or combined income (minimum financial requirements), i.e. at least £18,600 a year or saving £62,500. Thus, inadequate funds to support yourself is the very gravity of spouse visa refusals.
Most importantly, your non-British partner must have intentions to live with you permanently in the United Kingdom. These are some of the most rigid requirements of both the Home Office and UKVI, which you shouldn’t neglect.
Fortunately, after March 2021, the family visa, including the spouse visa in the UK, success rate, is dramatically improved by 86.88%, with a minimum refusal rate of 12.69%.
With Spouse Visa UK, the sponsor (holding British citizenship, ILR status/proof of permanent residence or refugee status) can bring in their overseas spouse (husband/wife). Thus, you can enjoy a privileged life in the UK as a couple.
Nevertheless, It would be a traumatic experience when you receive a spousal visa refusal. It could be a painful feeling knowing you are unable to join your beloved partner in the UK.
Don’t be hopeless; you are not hanging by a thread for long!
Here are some of the legal options to successfully overturn your spouse’s visa refusal application.
Appeal Spouse visa refusals based on Human Rights -eligibility criteria
You can appeal a Spousal visa refusal initially at the First-Tier Tribunal (FTT) based on HR claims.
The Home office has published guidance on the UK government website, elaborating on the: ‘rights to respect family and private life under Article 8 of the European Convention on Human Rights.’
Nevertheless, the Home office guidance states:
…… ‘It is only where the visit is between a spouse or other life partner or a parent and a minor child that the Home Office considers human rights might be engaged, and even then if visits can be conducted in another country then human rights are supposedly not engaged.’
Alternatively, fresh resubmission of your Spouse visa UK application. Reapplying in some circumstances can be a better alternative, mostly in cases where you don’t have concrete grounds to appeal a Spouse visa refusal.
Overturn the Spousal visa refusals with a Pre-action protocol Claim or with a Judicial Review
While you are limited to making specific appeals, you still have options to apply for the Judicial Review/JR. However, JR’s claims can only challenge the ‘lawfulness of the decision’.
The immigration Judicial Review serves as the last resort to revert the negative feedback of the home office. Suppose your partner’s case carries a concrete and genuinely strong rationale. In that case, JR may result in a positive response following the immigration visa approval.
Time is of the essence, and it is vital not to waste your time, energy, and most importantly, your financial resources. The JR process doesn’t hold any jurisdiction to make a substitution to the UKVI decision.
Due to the complexity and High-court fees, most immigration cases are resolved via the pre-action stage (an out-of-court settlement with UKVI).
It is therefore advisable to connect with our Highly knowledgeable Immigration experts. Solicitors at Axis are experts with the pre-action protocol before claiming for Judicial Review.
Get instant assistance by calling us at 0333 016 5270 Or feel free to drop us an email: (firstname.lastname@example.org). You can even make an ‘online’ query’ anytime.
Success story – How Axis overturned Spouse visa refusal – Spouse Visa Entry Clearance Granted!!
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.
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.