How To Increase Your Chances Of Spouse Visa Application Approval

It is estimated that 20-25% of all UK spouse visa applications are rejected, resulting in disappointment, worry, uncertainty, and a significant loss of money for those affected. The harsh truth is that many of these rejections could have been avoided by taking more time to check the application and the accompanying documents before submission to the Home Office. Indeed, we are regularly asked to intervene in spouse visa applications whereby refusal resulted from a small oversight. When assessing your application, the Home Office will look at your case from three perspectives; validity, eligibility, and suitability. Even if you meet all of the eligibility criteria for a spouse visa, you will still be refused if your application is invalid or you are deemed unsuitable (e.g. on the grounds of prior criminality).

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In this article, we will outline how you can boost your chances of receiving approval of your spouse visa application based on the different grounds for refusal.

Spouse Visa Validity Requirements 

Paragraph 34 of the Immigration Rules outlines a number of requirements that must be met in order for a visa application to be considered valid. Crucially, paragraph 34A states, “where an application for permission to stay does not meet the requirements of paragraph 34, it is invalid and will not be considered”. For your spouse visa application to be considered valid, you must have:

  • Used the correct application form
  • Completed all of the mandatory sections of the application form 
  • Paid the correct fee in full. The spouse visa application fee is £1,048 for applications within the UK and £1,846 for applications outside the UK (this is subject to change).
  • Provided proof of your identity – e.g. a valid passport
  • Provided all of the documents and information required to assess your application. Any documents you provide must be in the correct format, dated appropriately, and properly translated where necessary
  • Signed your application 
  • Enrolled your biometrics (i.e. had your fingerprints scanned and a photo taken at a visa application centre or UKVCAS service point).

If you plan to prepare and submit your spouse visa application yourself, it is always advisable to have an immigration Solicitor review your application form and documents prior to submission. 

Spouse Visa Eligibility Requirements

To make a successful spouse visa application, you will need to prove that you meet the:

  • Relationship requirements – i.e. that you are married, in a civil partnership, or have been living in a genuine and subsisting relationship with a British or Irish national or a person who has settled in the UK. It is essential that you provide robust evidence of your relationship and the ending of any prior marriages or civil partnerships. If the Home Office believe you are in a ‘sham’ relationship purely for the purpose of gaining a visa, they will refuse your application. Importantly, ensure that everything you have said about your relationship in your application is consistent and non-contradictory (e.g. when and how you met). To ensure you have the necessary evidence to prove you are in an eligible relationship, speak to an immigration Solicitor who will check this for you and, where necessary, draft a covering letter to support your application. 
  • Financial requirements for UK Spouse Visas – Following the latest updates from the UK government, the financial threshold for all family visas is set to rise from the current £18,600 to £29,000 in Spring 2024, with a further increase to £38,700 by the start of 2025. Ensure you’re up-to-date with these changes by visiting our family visa financial requirements page or by contacting our office directly.
  • Accommodation – you must have accommodation in the UK that is for your exclusive use as a family, has sufficient space, and meets public health regulations. 
  • English language requirements – unless you are from a qualifying English-speaking country, you have a degree or higher taught in English, you are over 65, or you have a physical or mental impairment which means you cannot meet the requirement, you must pass an English language test. This must be to at least level A1 on the Common European Framework of Reference for Languages (CEFR) when making your initial application. When applying for a renewal of your spouse visa, this must be at level A2.

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Spouse Visa Suitability Requirements

Suitability means that the Home Office believe that you do not represent a threat or risk to the UK. This is based on factors such as prior criminality, past behaviours such as rough sleeping, exclusion from the UK, past breaches of the immigration rules, and providing false information and/or documents. 

It is essential that you disclose all prior criminal convictions and sentences on your application. Even if a prior conviction may not prevent you from making a successful application, failure to disclose it certainly will. 

Whether your application is approved will depend on the length of any sentence received, the time since the completion of the sentence, and the severity of the criminality. For example, a prison sentence of between 1 and 4 years may be disregarded as long as 15 years have passed since the end of the sentence.

If you are concerned that any factors from your past may mean that you are considered not suitable for a spouse visa, speak to one of our London-based spouse visa lawyers or solicitors who will review your circumstances and recommend the best course of action to maximise your chance of receiving approval from the Home Office.

Call us on +44 (0) 207 269 9590 or fill out the form below to discuss your matter with one of our friendly and empathetic team.

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