We all want to be closer to our loved ones especially if the distance is not of cities but countries. The most challenging aspect of UK’s immigration law is that it does not take into account the emotions, sentiments and feelings of the applicants. The applications of Spouse Visa are analysed solely on the basis of the information included in it and the legitimacy of the claim. The probability of UK Spouse Visa Refusal is not unlikely and applicants need to be aware of all the possible consequences at the time of applying for visa no matter how difficult it might be to presume so.
Why Apply for Spouse Visa?
You need to apply for Spouse Visa when:
- As a married couple or civil partners you want your spouse to enter and settle in the UK
- It requires one of the partners to be settled in the UK as a citizen or possess Indefinite Leave to Remain in the country
- As per UK immigration laws of the UK, if the applicant enjoys the status of being settled in the country, he or she can apply for the visa
- In case, the couple is living in another country but want to settle in the UK and one of the partners is a British Citizen then he or she will have to apply for the Spouse Visa as a sponsor of the applicant
Complications associated with Spouse Visa Process?
It is purely a misconception that UK spouse visa application process is a simple one because it is certainly not. A majority of aspiring sponsors and applicants feel that they will instantly get the visa and enjoy the opportunity to settle in the most sought-after, welfare-state around the world, that is, the United Kingdom. However, reality is stranger than fiction. The Home Office is responsible for deciding about the fate of Spouse Visa applications and without considering the feelings and situation of the couple, it will do its job according to the law.
The aspect that needs to be remembered is that if your Spouse Visa application gets refused then you must not take it as a personal attack at all. It is the way the UK Home Office conducts it activities; some applications get accepted while some get rejected.
The judgment criteria are very strict but every UK Spouse Visa Refusal decision comes with an explanation from the department. The points might not be as easy to understand for an individual who possesses little to now knowledge of intricacies of immigration law. Some will refer to specific lines in certain paragraphs, sub paragraphs and comments that you might have included in your application, which failed to meet the requirements of the immigration rules. If you have missed out on any one detail the department will turn down the application there and then.
Why Spouse Visa Applications are Refused?
Generally UK spouse visa is refused when the Home Office identifies any loophole, flaw, insufficiency or factual error in your application. It is also possible that you haven’t provided all the necessary details as required by the Home Office. There can be various reasons that may lead to UK Spouse Visa Refusal. Some of them are as follows:
This is probably among the most common issues that lead to refusal of your application. The sponsor has to prove in the application that he or she is capable of maintaining a decent livelihood for the applicant. All the financial requirements of a spouse visa lie with the person who is sponsoring the applicant. The sponsor has to show that they can easily support their partner and this would not involve the financial status or annual income earned by the applicant unless the amount of savings is exorbitantly high. The requirements of evidence of financial stability proof are quite diverse as one has to provide bank statements, Tax Returns documents, P60 and other documents to prove that he or she earns the mentioned amount on an annual basis. If there is an error in the provided documents or you provide incomplete information then expect refusal of the application.
In comparison to financial situation, the English language requirement has to be fulfilled by the applicant instead of the sponsor. The applicant needs to prove that he or she has sufficient command on English language and this would need documents as proof. Merely verbal command is insufficient as per law; the applicant has to satisfy the Home Office with additional details as specified by the department. Tiniest details will be required to be fulfilled by the applicant and if the applicant fails in any associated aspect the department will refuse the visa.
Proof of Relationship:
This happens to be the most contentious of all issues. If the couple fails to prove that the relationship that they share is genuine and long-term then Home Office will refuse spouse visa. Since the department doesn’t personally know the couple, therefore, its decision should not be taken personally at any level. Usually people believe that the decision is based upon their caste, religion, race, ethnicity or country-of-origin, which is a wrong assumption. Such applications are judged only on the basis of provided information’s legitimacy and genuineness. For instance, if the applicant claims that the couple is married but the provided evidence reveals that they have two different addresses, then the application will be refused. Tax records, Electoral Roll and other documents are required only for the purpose of cross-checking the provided information.
Get Professional Help:
There can be other issues/reasons as well but the three mentioned above are the most common. The problem is that people look up to Gov.UK website for basic criteria and information related to the application process and only rely upon that. That’s the biggest mistake. There is every possibility that the site is not updated timely and you may not be able to receive updated information about the process and its requirements. In this regard, you need to consult a reliable team of immigration solicitors in UK to submit a foolproof application. You may also be given right to appeal against the Home Office’s decision but you need services of reliable solicitors in town to make that happen. In London, Fadiga & Co immigration solicitors are the best and most trusted team if you want to apply for spouse visa or need to appeal against the UK Spouse Visa Refusal decision.
Call our experts today on 0044 (0) 208 672 2617