The prospect of uniting with your partner in the UK is a dream for many couples, but the path is not always straightforward. Oftentimes, many civil partnership visa applications face refusal for not fulfilling the requirements and other reasons. However, applicants shouldn’t be disheartened by this as the visa refusals can often be overturned by applying for an appeal.
Here are the common reasons for civil partner visa refusal and how to go about an appeal. Let’s get started!
Possible Grounds for Civil Partner Visa Refusal
Understanding the reasons behind the refusal of a Civil Partner Visa in the UK is crucial for those aspiring to reunite with their partners. Let’s explore the most common grounds for refusal.
Failing To Demonstrate Genuine Partnership
One of the main reasons for visa refusal is the inability to prove a genuine partnership. The Home Office requires concrete evidence that your association is authentic and continuing. This could include joint bank statements, cohabitation evidence, or communication records.
It’s not just about the amount of evidence, it’s about quality and diversity. Show how your relationship spans different aspects of life, such as shared travels, photographs with family, or consistent communication over time. The more comprehensive and varied your evidence, the stronger your application or appeal will be.
Failing To Fulfil Financial Requirements
The financial aspect is a significant part of the visa process. From Spring 2024, the financial requirement for family visas will increase, making it even more important to demonstrate financial stability.
You must present evidence such as payslips, bank statements, or savings. Ensure this documentation is thorough and up-to-date. If relying on savings, remember the required amount is considerable.
Not Meeting The English Language Requirement
The English language requirement is another critical factor. To secure a visa, you usually need to pass an English test unless you’re exempt by UK immigration law due to your nationality or educational background.
Preparing for this test is essential; if you’re exempt, ensure you have the documentation to prove it.
Problems With Sponsor’s Immigration Status
The status of your UK sponsor is also scrutinised. Issues with their citizenship or immigration status can raise concerns. It’s essential to ensure the sponsor’s status meets Home Office guidelines.
If there are complications, your application’s clear and thorough explanation can help address these concerns.
Not Disclosing Past Convictions
Failing to disclose any criminal convictions can lead to refusal. The Home Office values honesty, so being upfront about your record is significant.
If there are past convictions, explain them clearly in your application. Sometimes, seeking advice from an immigration solicitor can be beneficial in presenting this information effectively.
Being aware of and addressing these potential grounds for refusal is essential while applying for a partner visa. A well-prepared application, where each aspect is carefully considered and evidenced, can significantly increase the likelihood of a positive outcome.
Civil Partner Visa uK Appeal Process
If your Civil Partner Visa application has been refused, it’s vital to understand the appeal process. This section will discuss the general steps for appealing a visa refusal decision.
Understanding the Appeal Process
When you receive a refusal decision (refusal letter) from the Home Office, it will include instructions on how to appeal (if you have the right to appeal). The initial step is to complete an appeal form within 14 days if you’re inside the UK or 28 days outside the UK.
When lodging your appeal, you have two options:
- Based on Paper Information: The decision is made using the information in your appeal form and any additional documents you submit to the tribunal. This option costs £80.
- Oral Hearing: If you prefer a more direct approach, you can request an oral hearing, where your representatives can present your case. This option has a higher fee of £140 but offers the chance to reinforce your appeal verbally.
If you opt for an oral hearing, you’ll be assigned a date once your application is processed. The Home Office might request your presence at a tribunal office or remotely via video link or phone. This hearing is your chance to verbally articulate your case, supported by any new evidence you’ve gathered.
A crucial part of your appeal is supplying new information that was not part of your original application. This is your opportunity to strengthen your case by addressing the grounds for refusal. Simply resubmitting the same documents and information won’t suffice. Instead, focus on new evidence that directly counters the grounds for your visa’s initial rejection.
Also Read: UK Civil Partnership Visa Requirements
After the Appeal
If your appeal is successful, the Home Office will usually reconsider their decision and, in most cases, grant the Civil Partner Visa. However, if the appeal is unsuccessful, there’s still a possibility of escalating the case to the Upper Tribunal (Immigration and Asylum).
This next step involves a higher level of legal scrutiny and should be considered with the guidance of an experienced immigration solicitor.
Do I Need a Lawyer for the Appeal Against Civil Partnership Visa Refusal?
The Civil Partner Visa appeal process can be challenging, often requiring specialised knowledge and experience. Seeking legal guidance from a professional immigration solicitor can be invaluable for a successful appeal.
A proficient legal advisor will help you understand your case’s nuances and provide strategic advice tailored to your circumstances. They can assist in preparing and presenting new evidence, ensuring all paperwork is meticulous, and representing you effectively at an oral hearing.
Furthermore, in the event of an unsuccessful appeal, a solicitor can advise on the feasibility and process of escalating the case to the Upper Tribunal. Engaging with a legal expert enhances the chance of a favourable outcome, bringing you closer to reuniting with your partner in the UK.
Let Us Help You With the Appeal Process
Facing an immigration matter, especially when it involves the appeal process of a Civil Partner Visa, can be a complex and stressful journey. At Spouse Visa Lawyers, our immigration solicitors provide an aggressive and effective defence for civil partnership refusal. We specialise in the UK partner visa application and appeal process and are committed to enhancing your chances of a successful appeal.
Our team has extensive experience in various visa routes, including visit visas, family visas, spouse visas, and Civil Partner Visas. We are well-versed in the latest immigration rules and visa requirements set by the UK government, ensuring that your case is handled with utmost care.
In case the appeal is not attainable and if a fresh application becomes necessary, we are equipped to provide comprehensive support, ensuring all aspects of your new submission meet the stringent criteria set by the Home Office.
Should your circumstances require you to leave the UK while your appeal is processed, we can advise on the best course of action, considering your immigration status and future aspirations.
We offer strategic, empathetic, and expert advice, guiding you smoothly through each phase of the visa application or appeal process. Contact us today and take the first step towards resolving your immigration challenges confidently and clearly.
You Ask, We Answer
The information provided in our articles is intended solely for guidance and should not be considered legal advice. We do not assume responsibility for any liabilities arising from the information in written articles and recommend that all readers seek professional advice before taking any action. For those wishing to discuss their case with a professional, please feel free to contact us directly.
Dr Bernard Andonian has over four decades of experience as a London-based UK Immigration Solicitor and was also a former immigration Judge. He has been awarded a PhD in Law from the University of West London for his in-depth knowledge of UK immigration and nationality law. He has served on the Law Society Immigration Law Panel, achieved numerous groundbreaking decisions in higher courts whilst representing clients in the UK, and is featured in the Legal 500’s Hall of Fame.