Spouse visa refusal has severe repercussions on the family members and even the children of the couple. It is therefore vital that the visa application process proceeds without a hitch. Whether you are just filling out your spouse's visa application or you have already received a negative decision from the Home Office, understanding the grounds for refusal and possible actions in case the situation goes to the worst can be very useful. Here we will discuss the prevalent reasons behind spouse visa refusal and appeal.

Broadly speaking, the reasons why spouse visa applications are rejected can be classified into two types: validity and eligibility. 

Eligibility refers to whether the applicant meets the UK immigration requirements for the visa whereas validity means the correctness of the application (for instance, have you completed the right form as well as paid the required application fee). Most of these reasons could be avoided or minimized by understanding the requirements of the UK spouse visa application in detail and working on it. 

Failure to Prove a Genuine Relationship with your Spouse 

It is said that UKVI case officers are or will be alert to spouse/partner visa applications as regards authenticity; i.e., the relationship is not real and ongoing (popularly referred to as a "sham" marriage or a "sham" relationship). If the Home Office receives any signals that you are not involved in a relationship with your British or settled partner in the UK, your application will be denied straight away. However, before such a decision is made, you will generally be called for an interview so that you can clarify the position about your relationship. Hence, it is vital to present a lot of recent evidence in the application to show that you and your partner have met, are continuously communicating in a manner that a couple typically would, and have made plans to live together.

Not Meeting the Financial Requirements 

Any applications for the spouse/partner visa are supported by these stringent financial requirements. In particular, a financial requirement is met if both partners have an annual income together of at least £29,000. However, the requirement can also be met in other ways, such as:

• Income from employment before tax and National Insurance

• Pension money

• Cash savings of £16,000 and above 

• Non-work income, for instance, from property rentals or dividends

You shouldn't fret if you think that your earnings don't meet the income requirement. Consult an immigration solicitor before applying, for possible ways to validate it according to the rules.

Refusals on Grounds of Validity

Most applications in cases of refusal on validity grounds can easily be defended as these often relate to omissions or mistakes (i.e. information or items missing) when even applying. Some possible grounds for refusal on validity grounds could include:

• Outdated forms or wrong forms: Most applications, especially spouse visas, are now online, and this eliminates most cases of using out-of-date forms.

• You made a mistake or error when filling out the application.

• Incomplete visa application forms: For this reason, applicants must complete all applicable boxes on their application forms. Make sure that every box you have ticked is correct depending on your circumstances. Many applications have been refused due to ticking an incorrect box.

• Failure to pay all required fees (application fee, healthcare surcharge for the entire length of the initial visa, and biometric fee).

• You did not submit the necessary documentation with your spouse's visa application, including:

• Certificate of dissolution or divorce from previous relationship

• Rental agreement or any other accommodation letter showing that you have appropriate accommodation in the UK

• Employer letter

• Documents are poorly translated

• Missing TB Certificate (if from TB-affected country).

• Your English Language Test is not an approved secure English language test (SELT)

• Wrong format or old documents

• Then any discrepancies in addresses (i.e. two entirely different addresses being used) provided or given in tax/electoral roll records may lead to a refusal. 

An immigration solicitor can assist you in reviewing your application form before submission so that you know you have done all you can to ensure a successful outcome.

What to do Next in the Case of Visa Application Refusal?

Based on the reasons mentioned in the refusal letter, you will have to decide whether to appeal against it or submit a fresh application.

To Appeal the Decision

An appeal is a formal proceeding in which you contest a decision made by the Home Office. You may prefer this route if you believe there was a mistake in judgment or if you think your rights - right to family life, for example - have been denied because of refusal.

Appeals can be complex. However, one may start by filling out an appeal form after which a determined time outlined in law will exist within which the appeal must be submitted (14 days in the case of an applicant in the UK, and 28 days in the case of an applicant outside the UK). A successful appeal will overturn the refusal, thus allowing your spouse's visa application to proceed.

Submit a Fresh Application

If, on having analyzed your earlier application, you find incomplete areas as well as some false statements, then it would be more tactical to make a new application. This is because every new application comes with a clean slate of hindsight. Take time to note all the reasons for the initial refusal and provide substantial evidence to buttress your new application.

Conclusion 

Comply with the rules and requirements of the UK spouse visa if you want to avoid refusals. Whether you are applying for a spouse visa for the first time or a UK spouse visa extension, hiring an immigration solicitor can greatly help.