UK spouse visa refusal can be a distressing experience for married couples who want to stay together and start their family. Suppose you have also experienced such a devastating situation earlier. In that case, it is advisable to get along with a spouse visa lawyer to appeal the spouse visa refusal from the UK Home office end. You must remember that there may be avenues for appeal. In this particular blog, we will explore the multiple ways you can take to appeal a spouse visa refusal UK.
Know the Reason Behind the Refusal
Understanding the reason behind the refusal is imperative before starting the appeal process. You must know why the UKVI refused your application for a spouse visa. You can attain this crucial information from the refusal letter sent to you by the UK Home office. It is quite necessary to review this letter precisely and seek legal advice if you need clarification on the given reasons for refusal. In this regard, a spouse visa lawyer can help you immensely.
The Process to Appeal Spouse Visa Refusal UK
As a spouse visa applicant, you can use two types of appeals that can be made for a spouse visa refusal. We have mentioned about these two types in the following sentences.
- Administrative Review
An Administrative Review is basically a review of your spouse's visa application by a different Home Office caseworker. This review is not a new application, and no new proof can be submitted. It is only available if the refusal was due to a mistake made by the Home Office, such as a misinterpretation of the immigration rules. The deadline for requesting an Administrative Review is fourteen days from the date of receipt of the refusal letter. To request an Administrative Review, you will need to complete and submit the form provided in the refusal letter. There is no fee for an Administrative Review, and it is usually completed within 28 days. If the decision is shifted in your favor, you will be issued a new decision letter.
- First-tier Tribunal (Immigration and Asylum Chamber)
Suppose your spouse visa refusal is not eligible for an administrative review, or you are not happy with the outcome of the administrative review. In that case, you can then go for the First-tier Tribunal (Immigration and Asylum Chamber). It is basically an independent judicial unit that hears appeals against decisions made by the UKVI. To appeal to the First-tier Tribunal, you must complete and submit the appropriate form, which will be provided with your refusal letter. The deadline for submitting an appeal is fourteen days from the date of receipt of the refusal letter. A fee for lodging an appeal is currently £140 for an oral hearing and £80 for a paper hearing. Once your appeal has been submitted, usually within three months, a hearing can be scheduled for you. At the hearing, you will be able to present your case and any new evidence that was not submitted with your first application. The UKVI will also present its case, and a judge will decide based on the evidence presented. If your spouse visa appeal is successful, you will be granted a UK Spouse Visa and can live in the country peacefully with your spouse.
Additional Options to Appeal the Refusal of Spouse Visa
For some applicants, it may be possible to make a new application instead of appealing the decision. This might be appropriate if the refusal was due to a lack of proof or a mistake made in the first application. Alternatively, you may be able to apply for another type of visa, such as a fiancé(e) visa or a visitor visa, depending on your circumstances. Appealing for a UK Spouse Visa refusal can be a complex process, and it is vital to seek legal advice from a qualified spouse visa lawyer. They can guide you on the best course of action for your condition and help you prepare for an appeal or a new application.
Conclusion
A spouse visa refusal is a stressful and disturbing time for couples wanted to settle in the United Kingdom with their British spouse. But need not worry because there are two major ways that you can take to appeal the refusal. Before appealing, it is also essential to carefully review the specific reasons behind the rejection. In this regard, seeking legal advice from an experienced and knowledgeable spouse visa lawyer is crucial. There are various immigration firms, such as A Y & J Solicitors, who have an incredible team of immigration lawyers who ensures a positive outcome from the UK Home office. It is one of the best-recommended things if you really want to get a spouse visa in one attempt.
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