Facing a refusal of your UK Fiance Visa can be a significant setback, particularly when it disrupts your plans for marriage or a civil partnership in the UK. Such denials are unfortunately common and can lead to unexpected situations. However, it is not the end of the road.
This article will explore the process and possibility of appealing a UK fiance visa refusal to overturn the decision. Let’s get started!
Reasons Behind UK Fiance Visa Refusal
Let’s explore some common reasons behind the refusal of the UK fiance visa application. Understanding these reasons behind refusal and thoroughly preparing your application can significantly raise your possibilities of success.
Not Fulfilling the Financial Requirement
One of the primary reasons for refusal is not satisfying the economic requirements specified by the UK Home Office. The sponsoring partner must demonstrate a minimum annual income of £18,600 (which will increase to £29,000 from Spring 2024) to ensure they can support the visa applicant without relying on public funds.
This requirement is especially crucial for those planning to transition to a Spouse visa. Evidence of financial stability can include cash assets, pay slips, or investments.
Issues with the Application Form
Accuracy while applying for the fiance visa application online is crucial. Applicants must ensure they select the correct form tailored to their specific circumstances. Specifically, choose the “Appendix FM Partner” option while applying for a visa outside the UK. Mistakes in form selection or filling in incorrect information can lead to application refusals.
Submitting False or Incorrect Documents
The Home Office scrutinises the integrity and completeness of submitted documents. Any discrepancies, unintentional or otherwise, can result in refusal. Applicants should provide a comprehensive set of supporting documents and a cover letter to support their case.
In instances of errors, applicants can withdraw and resubmit their application or rectify the mistake within their supporting statement.
Also Read: UK Fiance Visa Document Checklist
Failing to Fulfil the English Language Requirement
Applicants are required to prove their proficiency in English for a fiance visa application. To satisfy this eligibility criteria, you are usually required to pass an authorised English language test at a minimum level of A1 in speaking and listening.
The test should be taken at an authorised test centre recognised by the UK Home Office. Exceptions to this requirement may apply based on the applicant’s nationality, age, or certain physical or mental conditions.
Failure to submit the appropriate test results or attempting to use outdated or unapproved test scores can lead to the refusal of the visa application. It is, therefore, crucial to understand and adhere to these language requirements to avoid unnecessary setbacks in the visa application process.
Insufficient Evidence of Genuine Relationship
To pass the Home Office’s assessment, applicants must convincingly establish the authenticity of their relationship. This includes providing evidence of regular communication, such as text messages, chats, and photographs. A detailed cover letter or supporting statement can further substantiate the genuineness of the relationship.
During the application process, additional queries about the relationship may be raised, necessitating consistent and detailed responses from both partners.
Criminal or Immigration History
A past criminal record, previous UK entry denials, deportations, or visa refusals can significantly impact an application. Transparency about past immigration or criminal issues is crucial. Providing explanations for past incidents can aid in presenting a more favourable case to the Home Office, which values honesty and complete disclosure.
Also Read: UK Family Visa Financial Requirements 2024
Can I Appeal a Fiance Visa Refusal?
You may be able to appeal a UK Fiance Visa refusal if it is mentioned in the visa refusal letter. This letter specifies if you have the legal right to an appeal. If granted, you must act promptly. The initial step involves completing an appeal form and lodging it within 28 days of receiving your decision.
This timeframe is crucial to adhere to for a valid appeal process. Remember, the right to appeal is not universal and is contingent on the specifics of your case as outlined in the decision letter.
Fiance Visa UK Appeal Process
This process begins with filing an appeal within 28 days of receiving the refusal letter. You will need to fill out the IAFT-6 form for the appeal, where you outline the reasons for appealing and provide supporting evidence. This could include new materials or further information that clarifies your initial application.
Your case is then reviewed by the First-tier Tribunal (Immigration and Asylum Chamber), which objectively assesses the evidence. You can have legal representation to contend on your behalf during the tribunal hearing. It’s beneficial to present your case personally to give the tribunal a comprehensive understanding of your situation.
After the hearing, the tribunal decides whether to uphold or overturn the initial refusal. A successful appeal leads to a re-evaluation of your visa application. If the appeal is unsuccessful, you may bring your case to the Upper Tribunal.
The fiance visa appeal process can be complex and challenging, so seeking advice from an immigration lawyer knowledgeable in UK immigration law is often recommended.
Need Help to Appeal Your UK Fiance Visa Refusal?
It can be mentally and emotionally draining to deal with the complexities of a visa refusal and appeal. Spouse Visa Lawyers UK are here to offer expert guidance and support. Our team of experienced immigration solicitors specialises in UK immigration law, providing tailored legal advice to boost your appeal’s chances of success.
We can help you understand the reasons behind your refusal, prepare the necessary documentation, and represent you throughout the appeal process. Don’t let a visa refusal put your plans on hold. Contact Spouse Visa Lawyers today to discuss how we can help you.
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.