Five Ways to Ensure your UK Spouse Visa isn't Refused

Applying for and securing a UK spouse visa was pretty easy before 2012. Getting a spouse visa approved requires rigorous follow-ups with the Home Office and a well-planned application.

Let us consider the five ways to avoid your UK spouse visa application from getting refused.

1. Proving a genuine and a subsisting relationship

This requirement is most crucial to ensure that anyone applying for a visa is being truthful about their relationship with their partner to the Home Office and put a cap on those who falsely claim but actually do not fulfil the criteria.

Unable to fulfil this requirement is one of the main reasons why the spouse visa applications are refused by the Home Office.

Evidencing your marriage certificate is important. But there is not a single evidence to prove that a relationship is genuine and subsisting. If you would not provide additional evidence needed for a successful application, the visa is likely to get refused.

Additionally, you must show:

• Records of holidays taken together (such as flight and hotel bookings).

• Photographs as a couple.

• Letters from friends and family.

• Evidence of joint financial accounts.

• Evidence that both the partners are in touch with each other through exchange of emails, messages etc.

• Tenancy agreements, tax bills, utility bills, property mortgage papers, etc, to be shown as cohabitation proof.

• Proof of children’s birth certificate.

2. Meeting all the financial responsibilities

To meet the financial requirements for spouse visa applications you must earn the minimum gross annual income threshold, which is currently £18,600.

There are several ways to meet this requirement through income from self-employment, income from employment, non-employment income like property rentals or dividends, money from a state (either UK or foreign) and some allowances or benefits.

You can also meet the requirement through some combinations of the above or standalone, and you may also be able to show the cash savings over £62,500 is usually needed to meet the minimum threshold.

3. Fulfil the English Language Requirement

Like every other UK visa application, the English Language proficiency level must be proven for a spouse visa to be granted.

Depending on whether the application is for a first-time spouse visa or for a spouse visa extension you will need to meet CEFR level A1 or A2 in speaking and listening.

4. Fulfilling parental responsibilities

If child dependents are involved in a spouse visa application it can become much more complicated, especially if they are children from a previous marriage.

Often applicants presume that the current relationship is the only important relationship to prove in the application process.

If the applicant has been married or had children with someone else previously, they must declare this, and the question of who has parental responsibility for the child can affect your chances of obtaining your visa.

If there are children from a previous marriage the spouse visa application can be refused if the Home Office isn’t satisfied that the visa applicant has standalone parental responsibility. In such complex cases, applicants must seek expert legal advice to make sure their application is well planned and represented.

5. The long term intention to live in the UK

One of the main requirements of a spouse visa is that you must have a long term intention to live permanently with your spouse in the UK.

You also need to provide additional evidence that proves you intend to settle permanently in the UK.

This can include documents relating to property in the UK, employment offers, school places for children or other evidence which otherwise shows that you aim to stay in the UK together for a long period of time.

However, if you are thinking of applying for Indefinite Leave to Remain in the future and eventually secure British citizenship, the eligibility criteria must be met, such as bearing a good character, sound mind, and  passing the Life in the UK test

How can legal advice benefit you?

The spouse visa application refusal can be heart-breaking. It is important to make a successful application to avoid any refusal chances. An expert immigration lawyer will hand-hold you throughout the process. A Y & J Solicitors have been successfully representing their clients in securing a spouse visa. Their experience and approach help you to avoid mistakes in your form, which could attract refusal.

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