My Partner of a British Citizen application was refused – what are my options?

Applying for a family visa as a partner of a British citizen can be a complex and intimidating process. It can be difficult to know what to do next if your application is refused. You should not be daunted by the rejection. Here are your options to address the refusal and improve your chances of success on your next attempt.

Understand the Reasons for Refusal

The first and most important step is to thoroughly understand why your spousal visa application was refused. The Home Office will provide a refusal letter outlining the specific reasons for the decision. You should carefully review this letter to identify any errors or gaps in your application. There are several common reasons why your visa may have been refused, such as incomplete or incorrect documentation, failing to meet the English language and financial requirements or you may have provided insufficient evidence that you are in a genuine relationship. Many spousal visa applications are refused for this last reason.

Challenge the Refusal

The next step is to think about challenging the refusal through an appeal process. In your refusal letter, the Home Office will explain your appeal options. If the Home Office is found to have breached the right to a private and family life guaranteed by the human rights rights legislation, it may have to review its decision. If you are eligible and want to appeal, you should submit an appeal form within 14 days of refusal notification, and 28 days if you applied outside the UK. You can add any information that adds to your evidence to prove you are eligible for a visa. You can either have the appeal based on the details on your form, or after an oral hearing where you can have representatives.

If you have chosen to have an oral hearing, you will receive a date to have it either in person at a UK Tribunal office, or remotely by phone or video call. The process may take any time between a few weeks and months. If you are successful, you will likely be granted a visa. If your application is unsuccessful and you believe your case was mishandled in any way, you can bring the case to the Upper Tribunal for a Judicial Review. If you choose to do so you can contact immigration lawyers who understand the process and can help you with it.

Prepare a Fresh Application

If you do not want to appeal, or your appeal was rejected, you can file a fresh application. The new application if submitted within the UK must be within the specified timelines. You should ensure that any issues identified in the refusal letter are fully addressed in your new application. Provide all necessary documents and evidence, checking they are complete and up to date. Make sure you have enough evidence to prove you meet the spousal visa requirements. Your documents will need to prove that you are in a genuine relationship, with documents such as a marriage or civil partnership certificate and a lease or tenancy agreement. You will also need to demonstrate that you meet the financial and all other requirements.

Whether you choose to appeal or reapply after the rejection of your application, you should make sure you have enough evidence to prove your eligibility for this type of visa. Whichever option you decide to pursue, you can reach out to an immigration lawyer to help you.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to?contact us?for advice, send us an?e-mail: [email protected]

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

?Gherson?2024