Applying for a Spouse Visa to the UK can be a complex process, and even small mistakes can lead to delays or refusals. As experts in immigration law, we know how frustrating it can be to have a Spouse Visa application rejected. In this article, we’ll outline the 10 most common mistakes applicants make and how you can avoid them to increase your chances of approval.
1. The Home Office Thinks Your Relationship Is Not Genuine
One of the most common reasons for a Spouse Visa refusal is the belief that your relationship is not genuine. To avoid this, provide clear evidence that your marriage or civil partnership is real. This can include:
- A marriage or civil partnership certificate (translated if necessary)
- Proof that you live together (e.g., rental agreements, utility bills)
- Joint bank account statements
- Photos, messages, and other evidence showing the relationship’s history
2. Not Meeting the Relationship Requirements
To qualify for a Spouse Visa, you must meet certain relationship criteria. You must:
- Be married or in a legally recognized civil partnership, or
- Have been living together in a relationship for at least 2 years, or
- Be a fiancé or proposed civil partner who will marry or enter into a civil partnership in the UK within 6 months of arriving.
If you don’t meet these requirements, your application may be refused.
3. Insufficient Financial Evidence
The UK’s financial requirements for a Spouse Visa are strict. You must show a combined annual income of at least £29,000, with higher amounts needed if you have children.
Many applicants fail to provide enough evidence of their income, or they miscalculate their earnings. To avoid this, make sure you:
- Provide accurate payslips, bank statements, or tax returns
- Understand which forms of income can count towards the requirement (e.g., savings or non-work income)
- Have an immigration lawyer review your financial documents to ensure accuracy
4. Incorrectly Completed Application Forms
Your Spouse Visa application can be rejected if you use an outdated form or fail to fill it out completely and correctly. Make sure you:
- Double-check all sections of the application form
- Use the correct version of the form
- Consider hiring an immigration lawyer to handle the forms and avoid errors
5. Not Meeting the English Language Requirement
Applicants may be required to prove their English language skills unless they are from an English-speaking country or have a degree taught in English. Some applicants assume they don’t need to meet this requirement or fail to provide enough evidence. Ensure you:
- Take an approved English language test if needed
- Submit the correct proof of your English proficiency with your application
6. Inadequate Accommodation and Maintenance
You must show that you and your spouse will have a suitable place to live and enough income to support yourselves. This includes:
- Proof of accommodation (e.g., tenancy agreements, homeownership documents)
- Evidence that your income is enough to cover living expenses without relying on public funds
If you have children, make sure to demonstrate that your accommodation and income are sufficient for your whole family.
7. Not Disclosing Past Criminal Convictions
Failing to disclose past criminal convictions, even minor ones, can lead to a Spouse Visa refusal. If you have a criminal record, make sure you:
- Fully disclose any convictions when required
- Speak to an immigration lawyer if you are unsure about which convictions need to be declared
Not disclosing convictions could be seen as an attempt to deceive, which can result in visa rejection.
8. Failing to Pay the Immigration Health Surcharge (IHS)
Spouse Visa applicants must pay the Immigration Health Surcharge, which gives you access to the NHS while in the UK. Missing this payment or failing to pay the correct amount can delay your application or result in a refusal.
- Check the current IHS fee and pay it along with your visa application
9. Not Seeking Professional Advice When Needed
The rules for Spouse Visas can be complex, and immigration laws often change. If you’re unsure about any part of the application process, it’s best to seek professional advice. An immigration lawyer can help ensure that your application is complete and accurate, reducing the risk of mistakes.
10. Not Responding to Home Office Requests for Additional Information
Sometimes, the Home Office will ask for more information or documents to support your application. Failing to respond to these requests promptly can delay the decision or lead to a refusal.
- Regularly check your emails and post for any requests
- Respond to any requests for additional documents or clarification quickly
Avoiding these common mistakes can significantly improve your chances of a successful Spouse Visa application. If you need help with your application or have any questions, don’t hesitate to contact Law and Visas. Our team of immigration experts is here to guide you through the process and help ensure your application is as strong as possible.
If your Spouse Visa has been refused, don’t worry—speak with us as soon as possible. We can advise on how to appeal or reapply successfully.
