Opening a letter from UK Visas and Immigration (UKVI) and learning your spouse’s visa application has been denied isn’t just disappointing—it’s gut-wrenching. You’ve planned, you’ve stressed and now you’re staring at a refusal letter, wondering what went wrong. It’s a scenario we’re all too familiar with here at Osbourne Pinner. But the good news? A denied spouse visa application isn’t the end of the road. Think of it as a detour.
With the right strategy and a positive attitude, there are steps you can take to turn things around. Read on and we’ll walk you through how to address common issues and the best ways to move forward with your spouse visa application.
Understand the reasons for denial
First things first: grab that refusal letter and give it a thorough read. It might not be fun, but it’s essential. UKVI doesn’t deny spouse visa applications without providing reasons. Whether it’s a missing document, a financial issue or a problem with proving your relationship, identifying the specific reasons for the denial is the key to planning your next move.
If you’re unsure or need help interpreting the reasons, consulting an immigration solicitor can be invaluable.
Consider your options: Appeal, reapply or request a judicial review
Once you’ve identified why your spouse visa was denied, you can start piecing together a game plan. Here are your main options:
1. Appeal
If you believe the decision was unfair, you may be able to appeal, particularly if there’s a human rights issue involved or if UKVI didn’t follow proper procedures. Some examples include:
- The denial separates your family, impacting your right to family life under Article 8 of the European Convention on Human Rights. This is especially relevant if there are children involved or if your spouse depends on you for medical care.
- UKVI may have failed to follow its own procedures, such as misinterpreting your evidence, overlooking submitted documents or not providing a clear reason for refusal.
However, not every refusal comes with a right to appeal. The refusal letter will specify whether this is an option, and if it is, an immigration solicitor can help determine whether an appeal is the best route.
2. Reapply
Reapplying is often the simplest solution if the refusal was due to missing documents or a minor issue with the original application. In this case, it’s crucial to review your application carefully to ensure that all necessary information is provided the second time around. Double-check everything, provide additional evidence and consider working with an immigration solicitor to strengthen your case.
3. Judicial review
A judicial review is a last-resort option if you believe that UKVI made a procedural error or acted unlawfully. This process does not challenge the decision itself but rather examines whether the decision-making process was fair and lawful. Judicial reviews can be complex and costly, so it’s advisable to seek legal advice before pursuing this option.
Beef up your evidence
One of the most common reasons for spouse visa denials is failing to provide sufficient evidence to prove that your relationship is genuine and ongoing. UKVI wants to see comprehensive evidence—not just a marriage certificate and a couple of joint bank statements.
Our advice? Go beyond the basics. While documents like your marriage certificate, rental agreement or utility bills are essential, you should also include more personal evidence that paints a fuller picture of your relationship. Consider submitting photos of you and your spouse together, chat logs, travel itineraries and statements from friends and family that confirm the authenticity of your relationship.
At the end of the day, it’s about showing UKVI that your relationship is real and that you’re not just ticking boxes.
Meet financial requirements
A common reason for spouse visa denials is failing to meet the financial requirements. UKVI requires that the combined gross annual income of you and your partner be at least £29,000 to sponsor a visa (this amount increases if there are dependent children). Alternatively, you can meet the financial threshold with savings of £88,500.
If you didn’t meet this requirement or failed to provide sufficient evidence, reapplying with stronger financial documentation is crucial. Ensure you include all relevant financial records, such as payslips, bank statements, or proof of income from self-employment if applicable. If your income falls short, consult an immigration solicitor about options like using savings to meet the threshold.
Seek professional help
Navigating the spouse visa application process can be overwhelming and a denial can make it even more stressful. This is why enlisting the help of an immigration solicitor is often the smartest move. An experienced solicitor can:
- Pinpoint where things went off track in your original application
- Help you gather the correct documentation and provide stronger evidence
- Represent you in appeals or during a judicial review, if necessary
Ultimately, they can significantly increase your chances of a successful outcome, helping you avoid common pitfalls and legal complexities.
Stay positive and keep pushing
We understand that a spouse visa denial can feel like a huge setback, but it doesn’t have to be the end of your journey. Take a moment to breathe, review the reasons for the denial and then take action. Whether it’s gathering more evidence, reapplying or appealing the decision, there’s a way forward.
With the right guidance and a well-prepared application, you can get your UK spouse visa approved and start building a life together with your partner. Contact Osbourne Pinner today for a free consultation via Zoom or face to face at our offices at Piccadilly Circus, Harrow or Canary Wharf. To get started, call 0203 983 5080, email us at [email protected] or use this form. Whether you’re based in  Westminster, Kensington or Knightsbridge, we’re here to help.
