Why does the UK Spouse visa gets denied?

A spouse visa, which comes under the UK Family visa, permits married partners of UK citizens to immigrate to the country. The spouse who is going to sponsor the visa for their partner, however, needs to be settled in the United Kingdom, meaning, either they have to be a holder of the ILR or a British Citizenship. In this article, read about Why does the UK Spouse visa gets denied?

The British government has made a concerted effort to reduce immigration by establishing a net migration target of fewer than 100,000 people per year. For this reason, the procedure of obtaining a UK Spouse visa is very strict and challenging.  

Why does the UK Spouse visa gets denied?

Under what conditions your UK Spouse visa request can get denied?

Applicants for UK spouse visas are frequently denied for the following reasons:

• The minimum financial conditions (i.e. an annual income of £18,600 or a savings account of £62,500) have not been reached.
• Officials at the Immigration and Naturalization Service believe your marriage is neither legitimate nor ongoing.
• Incorrect paperwork or insufficient information.
• The forms have been incorrectly filled out.
• There is a problem with the English language requirement.

What happens if my application for a Spouse/Partner Visa is denied?

You will receive a letter stating the decision if your application is rejected as invalid or refused. If your application is denied, the letter will also include whether or not you have the right to appeal. If you believe the decision is incorrect or unfair, you may consider reapplying or challenging the decision, depending on the grounds for refusal.

Because there may be time constraints for appealing a decision, you should contact an attorney as soon as possible. If you are already in the UK, the negative decision may have an impact on your present status, so you should seek legal advice to determine how your status and future applications may be affected.

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UK Spouse visa Eligibility Criteria

The UK Spouse visa comes with a slew of restrictions. Applicants must achieve a high minimum income/financial criteria to obtain a family visa as a partner or spouse.

The following requirements must be met in order to obtain a Spouse visa in the United Kingdom:

1. You and your companion must both be at least 18 years old.

2. Your spouse must have:

• Citizenship in the United Kingdom
• Established a permanent residence in the UK, such as by ILR, settled status, or proof of permanent residence.

• Be from the European Union, Switzerland, Norway, Iceland, or Liechtenstein, and have pre-settled status — they must have been in the UK before January 1, 2021.
• Have a Turkish Worker or Businessperson visa
• In the UK, you have refugee status or humanitarian protection.

3. When you apply, you must have been in a legally recognised civil partnership or marriage in the United Kingdom for at least 2 years, or you must be a fiancé, fiancée, or prospective civil partner who will marry or enter into a civil partnership in the United Kingdom within 6 months of arrival.

4. For your marriage or civil partnership to take place in the United Kingdom, you must be a fiancé(e) or prospective civil partner seeking entry.

5. Your relationship with your sponsor must be genuine and long-lasting.

6. You want to stay in the UK permanently with your sponsor and live comfortably without relying on government assistance.

7. Your spouse will cover the financial responsibility by sponsoring you in the United Kingdom. A yearly salary of at least £18,600 (which raises if you have children) and/or significant savings are usually required.

8. You have an excellent command of the English language.

Entry approval for a spouse visa

You must apply for entry authorisation before visiting the UK if you intend to come because of a -relationship with a British citizen. You must have the authorization to stay in the UK on a six-month visa at the time of your application if you are applying from within the UK.

This is why you cannot change your existing visa to a spouse visa if you are already in the UK and were in for less than six months – for example, if you were in as a visitor or prospective student.

The time it takes to get a spouse visa

The usual processing period for a spouse visa application is 2–12 weeks from the time you apply to the UK BA. The time it takes to process an application is determined by the country in which it is filed.

The initial entry clearance visa is valid for 33 months (30 months if applied for from within the UK; if applying as a fiancé(e) or proposed civil partner, you will be granted a 6-month visa to allow you to enter the UK and marry or civilly partner here), after which you can apply for a 30-month Spouse Visa Extension. After five years, you may be eligible to apply for Indefinite Leave to Remain.

To apply for a Spouse Visa, what documents would I need?

UK Visas and Immigration (UKVI) officials will require the following documents with your application:

• At the time of your visit, your passport or other travel documents are valid
• Your marriage or civil partnership certificate
• A divorce certificate from any previous marriages, if applicable.
• Details of any .criminal convictions, if applicable
• What is your Social Security number? (if you have one)
• Information on finding a place to stay in the United Kingdom.
• Bank account statements
• Proof of employment income, if applicable
• Your sponsor’s British passport or Indefinite Leave to Remain document Information on any children who will be visiting the UK.

We are here to assist you

An appeal or administrative review is not always a possibility when a family visa is denied. When faced with a refusal, your sole options may be to submit a completely new application or to seek judicial review.

Our lawyers at A Y & J Solicitors will work with you to ensure that your application is filled out accurately and that all necessary documents are delivered. This will prevent immigration officials from rejecting your application due to a clerical error.

You may feel assured that your best interests will be safeguarded and that the visa application procedure will go smoothly if you cooperate with us. We put forth a lot of effort and strive for the best results possible.

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