If your spouse’s visa application has been refused, you may be able to appeal the decision. Each year, hundreds of spouse visa applications are rejected, often due to not meeting specific immigration requirements. If your application is refused, there are ways to challenge the decision, either by making a new application or by appealing the refusal.
In this guide, we will explain the appeal process for a spouse visa refusal and provide tips on how to avoid refusals in the first place.
What is Entry Clearance?
Entry clearance is the process by which UK immigration officials (called Entry Clearance Officers, or ECOs) decide whether a person can enter the UK. Before you travel to the UK, the ECO checks if you meet the eligibility requirements for entry under UK immigration laws. However, the final decision on whether you can enter the UK rests with the Immigration Officer (IO) at the border.
Common Reasons for Visa Refusal
Understanding the reasons why your visa might be refused is crucial for the appeal process. Common reasons for refusal include:
- Not meeting eligibility requirements, such as financial or relationship criteria.
- Failure to attend an interview or submit requested documents like medical reports.
- Being under a Deportation Order.
- Criminal history or previous immigration violations.
- The UK authorities believe admitting you is not in the public interest.
- Submitting false documents or failing to disclose important information.
Grounds for Appeal
If your spouse’s visa has been refused, you may be able to appeal the decision. Under UK law, you have the right to challenge the refusal. The grounds for appeal are outlined in the Nationality, Immigration and Asylum Act 2002, and they include:
- The decision does not follow UK immigration rules.
- The decision is discriminatory under the Race and Religion Act.
- The decision violates your human rights under the Human Rights Act 1998.
- The decision breaches rights under EU law, especially for EEA nationals.
- The decision was unlawful, or the official used discretion wrongly.
- Deportation or removal would violate your rights under international law or the Refugee Convention.
How to Begin the Appeal Process
If your visa has been refused, you can appeal the decision to the First-tier Tribunal (Immigration and Asylum Chamber). You must appeal within a certain time frame:
- If you applied from inside the UK, you have 14 days to appeal from the date you receive the refusal decision.
- If you applied from outside the UK, you have 28 days to appeal from the date of the decision.
If you miss the deadline, you must explain why and request permission to submit a late appeal. The tribunal will decide whether to accept your appeal.
Steps in the Appeal Process
- Submit Your Appeal: If you want to appeal, you can do so online using the MyHMCTS service (if using an immigration expert). If you’re applying yourself, follow the relevant instructions based on whether you are in the UK or abroad.
- Provide Documents: When submitting your appeal, you must include relevant documents, such as evidence of your relationship, financial details, and any other supporting documents.
- Decision: The tribunal may decide your case without a hearing, based only on your written appeal and documents. Alternatively, the tribunal can schedule a hearing where you and your legal representative can present your case.
Appeal Fees
There are fees for appealing, depending on whether a hearing is required:
- £80 for an appeal without a hearing.
- £140 for an appeal with a hearing.
If you are entitled to legal aid or support, you may not need to pay these fees.
Judicial Review: The Last Resort
If your appeal is unsuccessful, you may be able to challenge the decision through a Judicial Review. This process allows you to ask the court to review whether the decision made by the Home Office was lawful.
A Judicial Review focuses on the fairness of the decision-making process rather than the specific outcome. You can apply for a judicial review if:
- The Home Office has refused entry clearance and has not granted an appeal.
- You challenge the decision within 90 days of receiving the refusal.
Before filing for a judicial review, you must send a Pre-Action Protocol (PAP) letter to the Home Office, giving them 14 days to reconsider the decision. If they do not change their decision, you can proceed with the judicial review.
Appealing a spouse visa refusal can be a complex and time-consuming process. However, by understanding the common grounds for refusal and the appeal process, you can improve your chances of a successful outcome.
If your application has been refused, it’s essential to carefully review the reasons for refusal and consider your options. You may choose to submit a new application or follow the appeal process. In some cases, you might even need to consider a judicial review.
At Law and Visas, we specialize in helping individuals navigate the UK immigration process, including handling visa refusals and appeals. If you need assistance with your spouse visa appeal or any other immigration issue, contact us today for expert advice and support.
