The UK spouse visa is issued to the spouse/fiance of a UK citizen or resident. Imagine that you are looking forward to receiving the visa and reuniting with your loved ones. However, not all visa applications will be approved. It is frustrating, but it does happen occasionally. The below article will introduce how to deal with it if you are refused a UK spouse visa in the Philippines.
What Is UK Spouse Visa Refusal?
The UK spouse visa refusal means you are not allowed to enter the UK (if staying overseas at the time of applying) or continue staying in the UK with your partner (if already in the UK). The Home Office will refuse your visa application if the caseworker finds that you do not meet all the visa requirements under the immigration rule. It might result from many reasons, and we will talk about them later.
How to Find out Why My UK Spouse Visa Is Rejection?
You have to keep updated with the progress of your application. The visa officer might try to learn more details when there is any misunderstanding or inadequacy instead of turning you down directly. Even if the caseworkers reject your application, they will explain why. Therefore, it is necessary to check the visa status and learn about the decision on your case through any of the following channels.
Check UK Spouse Visa Application Status Online
Online service is only available to applicants outside the UK, but an extra inquiry fee is involved. Alternatively, you can also turn to an attorney or visa agency that applies on your behalf. For example, VFS Global can help you apply for a UK visa in the Philippines. Here is how to check visa status on the UK Visas and Immigration (UKVI) website, the official portal dealing with visa applications and immigration status checks.
- Go to the UKVI website and click on the “Start” button at the end.
- Choose “General Enquiry”.
- Fill out the inquiry form that gathers basic personal information, details of your application, and reasons for request.
- Click on “Continue” to proceed and view the fees which cost £2.74 for initial reply and follow-up emails.
- Fulfill payment and submit the inquiry. The authority will reply within 5 working days.
Check UK Spouse Visa Application Status by Dailing
Phone inquiries apply to all applicants inside or outside the UK. The UKVI’s contact center works from 9:00 am to 4:45 pm (Monday to Thursday) and from 9:00 am to 4:30 pm (Friday), not including bank holidays. You should call +44 (0)0300 790 6268 and follow up the phone instructions. Please note that 69p is charged per minute in addition to the basic phone charges.
Check UK Spouse Visa Application Status via Email
The authority will inform you of UK spouse visa refusal by email which includes the reasons for refusal. However, if you want to check the application progress while waiting for the decision, you can also send an email to the UKVI contact centre at nationalityenquiries@homeoffice.gov.uk. Make sure to specify all details of you and your application concisely, including why you are writing, passport number, full name, date/place of birth, nationality, email address, application reference number, date of submitting the visa application and biometrics, visa category, and application location.
Common Reasons for UK Spouse Visa Refusal
The British government will review every UK spouse visa application carefully, aiming to prevent misstatement and illegal immigration. The reasons for UK spouse visa refusal might vary from person to person, and here are some common ones. Learning about why an applicant is refused will help you avoid the same mistakes.
- Insufficient Proof of Relationship
The authority will reject your application if the officers fail to verify the authenticity of your marriage, civil partnership, or stable relationship with your partners, otherwise, you might be suspected of marriage fraud. It could be proven by photos, email/WhatsApp communication, joint financial documents, and so on.
- Disqualification for Financial Requirements
The British government wants to make sure that foreign visitors are capable of supporting themselves instead of applying for government funding. That’s why they pose minimum requirements on financial capability which can be proven through household income, bank savings, investments, and pensions. Failing to meet the threshold will lead to rejection.
- Lack of English Proficiency
You should prove that you are proficient in reading and speaking in English so as to integrate with the local community. The visa officer might reject your application if a certificate of passing an authorized English Language Test is absent.
- Cluttered or Invalid Documentation
It is suggested to organize your documents according to chronology, size, or type, and keep them clean and tidy, so the officer will not miss any of them. Moreover, all documents must be complete, valid, and accurate. Common mistakes include incomplete application forms, soon-to-expire passports, certificates of uncertified English language tests, inconsistent information on different documents, etc.
- Concealment of Convictions
Previous convictions and sentences might influence the result of a visa application. Individuals who conceal their criminal records or who fail to demonstrate details of any past convictions might not receive a visa or even be rejected entry in the next 10 years.
What to Do Next After a UK Spouse Visa Refusal: Appeal or New Application?
Being rejected by the visa officer does not mean you cannot start your journey because you can file an appeal or apply again. You will receive a refusal notice stating why your application is not approved. The reason for rejection determines what you should do next.
UK Spouse Visa Appeal
The refusal letter will indicate whether you have a right to appeal. Filing an appeal means to challenge the Home Office’s decision in a formal process. The appeal will be transferred to an independent tribunal and the visa decision will be reviewed. You can appeal against the refusal if you think it is a misjudgment or the judgment hurt your right to private and family life, home, and correspondence. The appeal should be made within 14 days (in the UK) or 28 days (outside the UK) after visa refusal.
New UK Spouse Visa Application
Provided that you are not allowed to submit an appeal or you have found the errors in your initial application and are confident in correcting them, submitting a new application will be more efficient. It means you have to start everything from the very beginning. Make sure to avoid the same mistakes as the first-time application. Include sufficient evidence to support your new application if possible.
How to File an Appeal for UK Spouse Visa Refusal
After confirming your eligibility for appeal, you should submit the request as soon as possible. Here are the general procedures for the appeal.
- Lodge an Appeal
You have to follow the instructions in the letter of refusal to lodge an appeal. It could be done online or by paper according to where you are and who you appealing for. A reasonable ground for the appeal will increase the chance of being accepted and approved. It is also suggested to hire an attorney or consultant to help you draft a Pre-Action Protocol, a formal letter for reconsideration of the decision.
- Prepare Supporting Documents
You have to submit extra documents to the immigration tribunal to explain why you think the decision is unreasonable and why you should get the visa. The immigration judge will review your application and decide whether to overturn the previous decision.
- Attend a Tribunal Hearing
You might be required to have an oral hearing in person, by phone, or by video call. The UK Tribunal office will inform you of the date and method for the hearing after reviewing your request. You can also attend the hearing accompanied by an attorney.
When Should I File an Appeal for UK Spouse Visa Refusal?
If you wish to proceed with a visa appeal, the first step is to submit an appeal form within 14 or 28 days of getting your decision letter. 14 days is for those in the UK who applied to switch from another visa to a Spouse visa, and 28 days is for those who applied from outside the UK. If you apply after the deadline, you must explain the late appeal and the tribunal has the final say on whether to receive your appeal.
UK Spouse Visa Appeal Processing Time & Fee
It usually takes about 6-12 weeks to receive the result of the appeal. The processing time might vary according to the number of applications, the complexity of the issues, and so on.
It takes £80 to file an appeal without a hearing and £140 with a hearing. Applicants who get asylum support or legal aid are exempted from the appeal fees. The payment can be made online or by check.
UK Spouse Visa Appeal Successful Rate
There is no official announcement of the success rates for UK spouse visa appeals. However, it is estimated that about 50% of the appeals are approved. To boost the chances of succeeding in a visa appeal, getting familiar with the immigration law(s) and procedures is essential. It is also recommended to find an immigration solicitor if possible.
Alternatives to UK Spouse Visa for Filipinos
Besides a spouse visa, you can also obtain other family visa types to join your partner in the UK, such as:
- Fiance Visa
It is issued to fiancees or fiancees of British citizens or residents with settled status. It is valid for 6 weeks and the spouse must get married during this period.
- Proposed Civil Partner Visa
It is designed for engaged partners of British or Irish citizens and UK settlers to come to the UK and enter into a civil partnership.
- Marriage Visitor Visa
As a subcategory of the standard visitor visa, it is issued for foreigners to get married or register a civil partnership in the UK. Visa holders can stay in the UK for up to 6 months and they are not allowed to continue staying or settle down.
- Civil Partner Visa
Spouses or civil partners of British citizens or settlers can live in the UK for 2.5 Years on this visa provided that their marriage is recognized in the UK. The visa holder might be eligible to get indefinite leave to remain (ILR) after a period of residence for 5 years.
- Unmarried Partner Visa
It is available for foreigners who are not officially married to their UK partner but have a marriage-like relationship for 2 years. For example, the two parties have been living together or have an ongoing commitment to each other.
- FLR M
It is used to change the status to the Partner route or extend the current Fiancé(e)/Proposed Civil Partner visa and other types of partner visa.
FAQ
What is the refusal rate of a UK spouse visa?
It is estimated to be about 25%, so it is necessary to learn about the common reasons for refusal and try to avoid them
Why is the UK spouse visa so difficult?
It has stricter requirements than visitor visas and the minimum required income is raised as time passes by, which means it will become more and more difficult to get a spouse visa.
How soon can I reapply for a UK spouse visa after refusal?
There is no specific time frame, but it is suggested to wait for about 1-3 months unless you want to correct the mistakes in the previous application or your circumstances have changed a lot.
How many times can I apply for a UK spouse visa?
There is no limitation on the times of application, but it is suggested not to apply frequently.
Conclusion
UK spouse visa refusal is undoubtedly a piece of bad news. Learning about the common reasons for rejection might reduce the chances of being rejected. If it happens, you might file a UK spouse visa appeal or submit a fresh application according to why you are refused. We hope this passage can help you deal with the unexpected result and receive a UK visa successfully to reunite with your partner/spouse.
Dolores Xiao