Appealing for UK spouse visa refusal: What to do?

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There are many families who apply for spouse visa in the UK. It is tough to stay away from your beloved ones. In an attempt to get united and spend their lives together, many people submit an application for the spouse visa. However, the UKVI officials can reject it on the smallest of grounds and refusal to it is certainly devastating. The process for approval is surely strict and it is probably because the immigration department looks forward to shrinking down the number of immigration and have a target of fewer than 100,000 migrations per year. Gladly, you can put forward a spouse visa refusal appeal.

We are here to assist you with your visa application and appeal process. Our experts carefully examine your visa requests before you submit it to authorities to assure that there are least chances of rejection. In case that you have submitted an application on your own or via other means and it got rejected, we are always here to facilitate individuals with spouse visa refusal appeal process.

Why spouse visa is refused?

In most of the instances, the spouse visa is not granted due to the following reasons:

  • You don’t meet the annual income requirement of 18,600 pounds or have savings that account up to 62,500 pounds
  • The marriage documentation is not appropriate or the officials have questions about its genuineness, feeling that it is not subsisting or is fake
  • Documentation submitted along is improper, incorrect, or a few required files are missing
  • The application form is not filled correctly or is left incomplete
  • One does not meet the requirement of English language

If you ask us for assistance prior to submitting the application, our experts review it and would do everything possible to minimize the chances of refusal, making it very unlikely that your application is rejected on the grounds mentioned above.

Judicial Review for UK Visit Visa

When can you appeal?

There is a certain instance when you can appeal for spouse visa refusal and ask for a judicial review. It is when human rights are being violated that the rejection can be asked for a review by the court. Your appeal will be considered in accordance with Article 8 of the European Convention on Human Rights.

According to article 8, one has the right to respect for private and family life. Based on this, if your application is rejected, you can consider putting forward an appeal. If the UKVI decision is found to breach the obligations of Article 8, the authorities will be forced to reconsider their decision because of the verdict from the court and there are strong chances that you might be granted a leave to remain.

What is judicial review?

The Judicial Review is a process where the courts consider your application and lawfulness of the decision made by a public body. UKVI is a public body and the decision they made can be questioned under special circumstances. As in this case, human rights come into play and if they refuse your application which qualifies on the basis of human rights, they are asked to review the verdict.

In case you don’t have a statutory right of appeal or have done it already and exhausted the option, there are instances when our experts may still be able to help you. In some instances, we might be able to present the case on your behalf (if there is still an arguable case left).

However, this is the last remedy and is at the bottom of the list when we start our efforts to try and get your application approved. It begins with consulting with the Home Office and proceeding with a pre-action protocol where we try to settle things down with the UKVI outside of court. These remedies are tried to rescue the individuals and lower down their expenditures. Else, more time, money, efforts, and resources will be required as the case goes into the court.

How we can help you?

As stated, we would not only consider the judicial review but also seek other options when an application is refused. Even before sending it for a judicial review, we carefully examine the application you have submitted. In certain cases, where it does not qualify for the human rights ground, you won’t be recommended for a judicial review. Else, we will collect all the supportive documents and are ready to represent it on your behalf.

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