What To Do If Your Spouse’s UK Marriage Visa Is Denied
Thousands of people apply for visas to developed countries like the US or the UK every year. Visas can differ based on the purpose for which a person wants to visit the country. Some people get short-term visas for travel and tourism purposes. Others get them for jobs or educational requirements, yet others get them to settle on a permanent basis if they have a spouse settled in that country.
People are allowed to settle in Britain if they are married to a person who is settled in the United Kingdom. Getting these visas is fairly simple, but if you are having an issue with UK visa marriage, you should read up more to avoid rejection.
Why Are Spouse Visas Denied And What To Do To Avoid Such Rejections
If The Application Is Incomplete Or Incorrectly Filled
An incomplete form or an improperly filled form is one of the most common reasons for the rejection of visas. So if your spouse’s visa in Britain has been denied, then you must recheck your application form before you apply for the second time.
The first thing to check for is if you meet the financial requirements. If you are applying for a spouse, you need to earn a certain amount or have enough savings to convince the authorities that you can comfortably live in Britain. For a spouse, you will need to earn around eighteen thousand pounds per annum. However, this amount can be inclusive of the taxes that you need to pay. If you do not have an annual income of eighteen thousand pounds, then you can show that you have adequate savings.
Usually, you and your spouse together should have around sixty thousand pounds as savings to be eligible for a spouse visa. And these savings should have been held for at least six months prior to applying.
If you own a property in the UK and you have sold that property in the last six months before applying, then you can show that amount as savings as well.
However, there are exemptions for the minimum saving and income criteria, and if you can prove that you have a disability allowance in Britain or if you have an allowance for industrial disablement, then you need not show your savings.
One of the major reasons why most spouse visas in the UK get rejected is when the authorities doubt the genuineness of the relationship. At times applicants show that they have booked the wedding venue to show that they are serious about each other. At other times they try to prove that they have had a stable relationship for more than six months.
However, there are some red flags that you must steer clear of. So if you or your partner were married to someone else previously, then you must be divorced, and there should be no pending litigation. Again, neither of the partners should be minor; that is, both partners should be above eighteen years old.
Another factor that the authorities take into account while granting visas is whether the person has accommodation. Accommodation criteria proves that the person and his spouse will be able to live in Britain without the need for any aid.
There are clear-cut criteria for the kind of accommodation that you must have to apply for a visa. Usually, the number of rooms in a building or bungalow should be such that the people in it can reside comfortably without any overcrowding.
And finally, your spouse must be fluent in English if he or she wants to reside permanently in Britain. Usually, the authorities accept the scores on an English fluency test as proof that your spouse can speak and understand English. However, you can be exempted from this rule if your spouse has a hearing disability or suffers from a mental condition that renders them incapable of learning a new language.
In case you fulfil all the criteria that have been mentioned above, and your application has been rejected despite conforming to all the requirements, then you can file an appeal.
If Your Application Is Complete And Filled Out Correctly
If you are very sure that your application does not have any lapses, then you can appeal, but you must consult a solicitor before you file for an appeal. A solicitor will scan your application process and help build a strong case for when you face the tribunal.
For the appeal process, you will have to fill out the appeal form and submit it after filling it along with all the necessary documents. Once the appeal form has been received, you will be intimated of it by the authorities, and a hearing will be arranged. The judge will review all the documents, and he will make a decision based on the arguments of the immigration officers and your lawyer. Usually, the judge gives a decision within ten days from the date on which the hearing takes place. If the decision goes in your favour, then the visa office will contact you and complete the rest of the procedure.
However, if the judge decides in favour of the immigration authorities, then you have no other option but to file a fresh application with revised documentation. Usually, when an application is rejected, the authorities state the reason for rejection, and you can focus on that area so that you face no further rejection.
Getting a visa for countries like the UK and the USA can be a long process if the documentation is not correct. This is because a large number of people want to live and settle in these countries, and the authorities are very strict before they let someone into the country. So if they have the slightest doubt that a person is faking their marriage, or they are hiding a criminal record, or they do not have sound financial backing or a good job offer, their visa application can get rejected.