How to Appeal a Spouse Visa in the UK

So, you’re trying to move to the UK to be with your partner, but the UK government has turned down your visa application. It’s one of the worst feelings you can have, but all is not lost. Here’s how to appeal a Spouse Visa in the UK and hopefully get reunited with your British loved ones as soon as possible.

Let’s dive in and find out more.

Why Has Your Spouse Visa Been Refused?

First things first, there are a ton of reasons why your Spouse Visa might have been refused, and normally, these will be outlined in your rejection letter. 

However, the most common reasons why a UK Spouse Visa might be rejected are

• You don’t meet the financial requirements outlined in the application process
• You don’t meet the genuine relationship requirements outlined in the application process
• You haven’t provided enough evidence of the above requirements
• You didn’t fully complete your application form
• You lied on your application form.

The majority of applications are refused because of the lack of evidence. If you can’t prove that you and your spouse have a genuine relationship through photos, rental agreements of you living together, shared bank accounts, or things like that, the UK government may turn you down.

It’s likely because they think you’re trying to scam them to get into the country – like the UK equivalent of a green card wedding. 

You need to essentially make sure that your case is bulletproof. At the end of the day, you don’t want to give them a reason to say no. Anything you can use to prove your relationship needs to go into your application.

Can You Appeal a Spouse Visa in the UK?

Yes, you can appeal a Spouse Visa decision in the UK. You have up to 14 days from receiving your refusal letter if you’re in the UK and up to 28 days if you’re overseas to launch your appeal. 

When you receive your refusal letter, it should include your options, including the appeals process, leaving the UK, or reapplying for a fresh Spouse Visa.

What to Do if Your Spouse Visa is Refused

So, if you want to appeal the decision made about your Spouse Visa, you need to prove that the UK Government has breached Article 8 of the European Convention on Human Rights.

This states that:

“Everyone has the right to respect for his private and family life, his home and his correspondence…There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary for a democratic society in the interests of national security, public safety, or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”

Essentially, this means that if you have ticked all the boxes when it comes to financial requirements, have a genuine relationship, and have proved it, as well as honestly and completely filling in the forms, then they should have given you the visa in the first place. 

How Does the Spouse Visa Appeal Process Work?

As with any bureaucratic process, the Spouse Visa appeal process is lengthy, annoying, and tedious. 

When you’ve received your refusal letter, you have 14 days to submit an appeal request if you’re in the UK, switching from another visa to a Spouse Visa, or 28 days if you’re appealing the decision from overseas.

You’ll be given two options when it comes to the appeals process. You can appeal using the information provided on the appeal form, or you can opt for an oral hearing where you can bring representatives like lawyers or character witnesses. 

The price of the appeal process depends on which option you choose. For the appeal using just the form, it’ll cost £80. If you want a hearing, it’ll cost £140.

Once you send in your appeal, you’ll need to wait for at least a few months to hear back if you’re using the form method, or you’ll be given a time and date for your hearing to take place.

It can be months before you hear back, and that’s just them saying whether they’ll take another look at your Spouse Visa application or not. You still have to wait for them to reprocess your visa if your appeal is successful.

Can You Appeal an Appeal Decision?

If, for some reason, the UK Government rejects your appeal request, you can take your application to the Upper Tribunal to be tried again. However, this is not a common thing to do and can take months to be heard.

If you’ve been rejected twice, either for the same reasons or different reasons, your best option is probably to wait, fix the issues with your application, and submit a fresh Spouse Visa application all over again. 

How Long Does a Spouse Visa Appeal Result Take to Come Back?

A Spouse Visa appeal result can take anywhere from a few weeks to a few months to come back. During this time, you may have to leave the UK, so be prepared for this when you start your appeal process.

Keep in mind that this is the lead time just to get the appeal result. This isn’t the complete lead time for actually getting your Spouse Visa in the UK. 

Once your appeal has been approved, the UK Home Office will take another look at your application. This will normally be approved, but will take a couple of weeks at a minimum to be processed. What can we say, bureaucracy is a slow process! 

Can You Put in a Fresh Spouse Visa Application Instead of Appealing?

Yes, you can put in a fresh Spouse Visa application instead of appealing your initial application. However, if you do this, take extra care to address the reasons why you were refused in the first place.

You need to make sure you give plenty of evidence that you meet the financial requirements and proof that you’re in a genuine relationship with your British or UK-settled spouse.

It’s also important to keep in mind that it costs £1,538 for an overseas Spouse Visa application, whereas applying within the UK costs £1,048, so appeals are a lot cheaper than submitting a fresh application.

The main upside to a fresh application is that it might be a quicker process. Applications can take from four weeks to 12 weeks to be processed, whereas appeals can take months, and then have the new application processing time on top of that. It can be a much longer process.

Of course, if you’re bringing children or dependents with you to the UK, the price for fresh applications goes up exponentially, so you might want to try to argue your case in an oral appeal hearing rather than spending another couple of grand.

If you are applying again and want to try to make sure you won’t be refused again, consider hiring a visa expert or immigration lawyer to go over your paperwork before you submit and pay out again.

This may cost more money in the short run, but it will save you a lot of time, money, and hassle in the long run.  

Why Was My Spouse Visa Extension Refused?

It’s also not unheard of for a Spouse Visa Extension to be refused. As you have to apply to extend your Spouse Visa around two years and nine months into your stay in the UK, there is the possibility that your extension can be refused.

The reasons for refusal an extension are much the same as the reasons that initial Spouse Visas are rejected. These might be changes in your financial situation, or it might seem like your relationship is no longer genuine.

Remember, you have to let the Home Office know if you’re getting a divorce as you’ll need to find and apply for another visa if you want to stay in the UK.

Often, the reason for your Spouse Visa Extension rejection will be outlined in the refusal letter, so if you want to appeal, you can address these issues and resubmit your application.

It’s worth holding onto this letter as it might also tell you how long you have to leave the UK freely before being deported, fined, or imprisoned! 

Can I Stay in the UK While I Appeal my Spouse Visa Application?

You can only stay in the UK to appeal your Spouse Visa application if your current visa allows it. If you’re on a Fiance Visa and you still have time left on the visa, you may be able to stay for that period while you try to appeal the decision of the Home Office.

However, if you do not have enough time left on your temporary, short-term, or visitor visa, you will have to leave the UK while you appeal the decision. Appealing from overseas often takes longer to process, so it might be months before you have a concrete appeal decision. 

Keep in mind that appeals can easily take months to complete. So if you start the process while you’re still in the UK but need to leave for legal reasons, you’ll need to keep the government informed about where you’re living so that they can send any official correspondence to the correct place.

One way to keep on top of that is to hire an immigration lawyer or visa expert who can take care of the correspondence and paperwork, and then forward the necessary communications and paperwork to your new address.

After all, you don’t want to miss out on your winning appeal letter because you’re no longer living at that address, do you?

How Much Does a Spouse Visa Appeal Cost?

Depending on whether you decide to fill in the appeal form or if you request an oral hearing, the price of your Spouse Visa appeal is going to vary. 

At the moment, an appeal using the form method costs £80 per appeal. If you’re applying for a Spouse Visa with dependents, remember that you’re going to have to appeal for each one individually, just as you had to pay for individual visa applications in the first instance.

If you prefer to appeal through an oral hearing over the phone or via video call, this is going to cost you £140 per appeal. This is because it’s more time-consuming on the government’s end, so they charge more for the inconvenience. 

That being said, you might be able to present your case more successfully over the phone or on a video call, rather than just adding more pieces of paper and photographs to your appeal application form! 

Final Notes on Appealing a Spouse Visa in the UK

Honestly, having to appeal a Spouse Visa decision is a grueling experience and a highly emotional one. After all, it’s literally coming in between your family being together. However, just because your application has been refused initially doesn’t mean that all hope is lost.

Not only can you appeal the government’s decision, but you can also always submit fresh Spouse Visa applications when you’re ready, have addressed any issues in your paperwork, and have a bulletproof case to share with the UK Home Office.

Getting an expert to take a look at your Spouse’s Visa application, especially if you’ve been refused once, is an invaluable thing to do. Even though you have to pay for their services, it’s a better alternative than either spending another £1000 on a fresh application or having to spend months upon months in another country, away from your family, waiting for an appeal decision.

Hedge your bets and get your application checked before you spend a ton of money, time, and hassle. You’ll thank us later!