If your UK spouse visa application has been refused and you think the spouse visa refusal is unlawful, then you may be able to appeal against the decision.

Book an appointment with our immigration solicitors to discuss the spouse visa refusal letter, appeal process, costs involved and the appeal processing time.

What are the reasons for a UK Spouse visa refusal?

Your UK Spouse visa application can be refused for several reasons but the most common reasons for UK Spouse visa refusals are as listed below:

  • Failed to meet the minimum income requirements of Spouse visa application.
  • Failed to prove that your relationship is genuine and subsisting.
  • Failed to meet the English language requirement.
  • Made a mistake on a Spouse visa application form or used the wrong form.
  • Missing or incorrect supporting documents or submitted false documents.
  • Failed to disclose past criminal convictions in your application.

There are high chances of getting a visa refusal if you are not fully aware of relevant immigration law(s) and eligibility criteria. You should get legal advice from experienced immigration solicitors to boost your chances of success.

UK Spouse visa appeal process

You need to check your decision letter whether you have a right to appeal or not. You can only appeal to the tribunal if you have the legal right to appeal.

The first step will be to complete an appeal form and lodge an appeal within 28 days of receiving your decision if you are outside the UK.

If your appeal is refused then you can challenge the decision by the way of Judicial Review (JR).

Pre-Action Protocol for Judicial Review

Before filing a Judicial Review (JR), you can send a PAP (Pre-Action Protocol) letter to the Home Office to reconsider the refusal decision made on the Spouse visa entry clearance application.

The Pre-Action Protocol is a formal letter to the Home Office for the reconsideration of the decision and to reach an out-of-court settlement if possible.

If Home Office UKVI declines to settle and chooses to defend the case then you can initiate the Judicial Review (JR) proceedings.

Judicial Review (JR)

Judicial Review is a court process to challenge the lawfulness of a decision if there was an error of law in the making of the decision or a mistake made by the caseworker.

There are several stages involved in the Judicial Review process. Our immigration solicitors will guide you on every step of the appeal process and provide legal advice & assistance with Pre-Action Protocol and Judicial Review.

Spouse visa appeal timeline

If you are outside the UK, you will have 28 days after you get your decision to appeal against the refusal of your Spouse visa application. You will have 14 days if you are inside the UK.

UK spouse visa appeal processing time 2024

Usually, the UK spouse visa appeal process takes between 6 and 12 months depending on the complexity of the matter.

How often are UK Spouse visa appeals successful?

Recent stats show that the success rate on appeal is above 50% however, there are high chances of refusal if you are not fully aware of relevant immigration law(s) and procedures.

A well-prepared ground of appeal and expert legal advice by our immigration solicitors can significantly increase your chances of success.

How can we help if a spouse visa application has been refused?

Our London based team of highly experienced immigration solicitors have a very high success rate with a proven track record of successfully appealing against the unlawful decisions made by the Home Office UKVI.

  • Our immigration solicitors will review your spouse visa refusal letter and discuss the reasons for the refusal in detail.
  • We will access the merits of the case and advise you about on what grounds you can appeal.
  • We will prepare grounds of appeal and detailed witness statements.
  • We will advise about the required supporting documents.
  • We will give you realistic, honest advice about the chances of success.
  • We will advise the court procedures and the appeal processing time.
  • We will advise you about the legal costs involved.
  • We will carry out all the legal work until the decision of your appeal is received from the court.

Contact our immigration solicitors in Wembley, London on 020 3417 3700 or fill in the enquiry form for immediate legal advice & assistance with an appeal against unlawful refusal.

 

We provide expert advice, practical assistance, and professional representation to guide you through the application and decision-making process, from start to finish. 

We're authorised and regulated by the Solicitors Regulation Authority (SRA), so you know you're in safe hands.

Contact our solicitor today to get legal advice and assistance with your UK immigration matters.

You can call us on 02034173700 or leave your details here for a callback request regarding your legal matter.

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