Starting with a spouse visa refusal appeal process could overwhelm you at the start. But the good news is that now more than 50% of refusal appeal applications are being overturned in favour of the applicant.
It is also important to seek clear and expert advice from the best immigration lawyers in London.
There could be many reasons for spouse visa refusal, if your reasons are jeopardizing your humanitarian rights then you have the right to appeal.
UK Spouse visa applications are commonly refused on the following grounds:
- The spouse visa application form has not been filled out correctly
- The minimum financial requirements of £18,600 per year or saving £62,500 are not met even after spouse visa extension after 2.5 years
- Unable to prove that your marriage is genuine or subsisting
- You have submitted the incorrect documents
- Fail to prove English Language proficiency
What is the eligibility for spouse visa appeal?
The only strong ground for a spouse visa refusal is based on human rights. The most commonly mentioned are rights under Article 8 of the European Convention on Human Rights. It states the following
Right to Respect for Private and Family Life
- 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 in 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.
If UKVI is proven to have made a decision which is in breach of their obligations under Article 8, immigration rules and/or policy guidance, it may be pushed to re-examine the decision and grant leave to remain.
Judicial review is the route through which you can appeal a spouse visa refusal decision.
Judicial Review is the process whereby the court reviews the lawfulness of a decision made by a public body. It challenges the decision-making of the officials, rather than looking at the rights or wrongs of the conclusion.
What is the process of spouse visa appeal?
The first step to the process of appeal is to apply in the local British embassy. It then initiates a process which means your appeal will be heard at a tribunal in the UK. The timeline for this process can be up to 15 weeks so there is a need for patience in the proceedings and court hearing.
The tribunal will likely consider the circumstances more than the original immigration official who issued the decision on the application. This means that you will likely receive a fairer chance of trial at a first-tier tribunal and with immigration lawyers to assist you.
How long does it take?
If you are applying from outside the UK, you have 28 days to appeal. You can also request an oral hearing. The fees for this process are £80 without a hearing, and £140 with a hearing.
Take expert advice
A Y & J Solicitors have expertise with every aspect of the Appeal and Judicial Review. The experts will prepare the necessary paperwork and represent you before the tribunal or court. In every case, they provide their clients with excellent customer service and a transparent fee structure with no hidden charges or extra costs.
A Y & J Solicitors has extensive experience with appeals and judicial reviews for a variety of applications over ten years now and approaches each case with the expert attention and intervention that is required for a best possible outcome.
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