What Moms Should Know When a UK Spouse Visa Application Gets Refused

Spouse visa refused happens when UK Visas and Immigration (UKVI) decides that you don’t meet the eligibility requirements and cannot be issued a visa. This is a terrifying decision for moms, as it can prevent you from reuniting your family in the UK.

However, hope is not lost. You can still launch a judicial or administrative review, or resubmit your application to have the decision overturned. Read on to find out more.

The Most Common Reasons for a Spouse Visa Refusal

If your Spouse visa application is rejected, you will receive a refusal letter or email rather than being issued the visa. The letter will explain why the refusal decision has been made, and what right to appeal or review you have.

There are several reasons for your application to be rejected. Firstly, there are a range of issues with yourself or your relationship that can cause a refusal:

• Your relationship is not genuine or sustaining, meaning it exists for love rather than because you need to get a visa.
• Your UK-based partner doesn’t meet the financial requirements (earnings of at least £29,000 a year).
• You don’t meet the standard English language requirement.
• Your spouse hasn’t arranged adequate accommodation for you in the UK.
• You have committed serious criminal or immigration offences.
• Your marriage is invalid.

While these problems exist, you will likely be unable to successfully apply for a Spouse visa. Instead, you will need to fix the problems or explore other visa types that could allow you to come to the UK.

There are also issues with your application that can cause a refusal. Such problems are less worrying, as you should be able to easily amend them when you resubmit your application. These include the following:

• You provided invalid documentation.
• You failed to properly complete the application form.
• You provided documentation that wasn’t in English or Welsh and hasn’t been translated.

Making an Administrative Review

An administrative review is where you try to get a visa refusal overturned by arguing that errors were made by Home Office case workers when they were assessing your application. You will need to show that immigration rules were not followed in one or more ways.

Once you have properly requested an administrative review, your application will go back to the Home Office. A new team of case workers will investigate the errors that you allege. However, they may not overturn the decision if there are still problems with your application after amending errors.

Make sure to request an administrative review within 28 days of receiving the refusal letter for your Spouse visa if you applied from outside the UK. The time halves if you applied from inside the UK. The cost will usually be £80. It can take 12 months for your administrative review to be dealt with.

Appealing to a First-Tier Tribunal

There are two types of appeal that you can make to take your case beyond the grasp of the Home Office and UK Visas and Immigration. Firstly, you can appeal to the First-tier Tribunal, also known as the Immigration or Asylum Chamber, if you believe the refusal violates your right to a family life. This body is independent of both the Home Office and the UK Government. The same deadlines apply for making your appeal as with an administrative review.

Use the online service to submit your appeal and present supporting documents. You can also nominate a legal representative to do this on your behalf. Then, a hearing will be held to deal with your case.

You will receive a decision for your First-tier Tribunal either at the hearing or within four weeks. The tribunal may allow your appeal, forcing the Home Office to reconsider your case. This does not guarantee the refusal will be overturned. Alternatively, the tribunal may agree with the Home Office and dismiss your appeal.

Launching a Judicial Review

A judicial review challenges the lawfulness of the decision to refuse your application. You can use it to challenge the initial refusal or the result of your First-tier Tribunal on the grounds of these bodies acting illegally, with procedural unfairness, or irrationally.

To launch a judicial review, you will need to follow the three-step process described below:

1. Pre-action protocol, which sets up the judicial review. You or your legal representatives must do this following the rules outlined in the Civil Procedure Rules (CPR).
2. Application for permission. The defendant (Home Office or First-tier Tribunal) may amend their decision based on the pre-action protocol. If not, you’ll need to get permission to launch a judicial review.
3. Substantive judicial review hearing. Once you have judicial review permission, you will need to attend a hearing to make your case.

Resubmitting Your Spouse Visa Application

The processes described above are time-consuming and could cause you to incur substantial legal costs. If you know you made mistakes in your application, but think you are still eligible for the Spouse visa, resubmitting your visa application could be the best option for you to quickly join your family in the UK.

Reapply for the Spouse visa by following the steps detailed below:

1. Read your refusal letter to properly understand why your application was rejected.
2. Head to the UK Visas and Immigration website to download the latest application form.
3. Complete the application form and resubmit your documentation, ensuring that any errors have been fixed.
4. Pay the application fee and submit your application.

You may also need to give your biometric information again at a visa application centre. Once this is done, you will need to wait for the Home Office to process your application.

Please note that you will need to pay the application fee again, and any application fees paid for rejected visas will not be refunded. For that reason, it is often best to work with an immigration lawyer like Immigration Advice Service to ensure that your application does not contain any silly mistakes.