Revoking a Spouse Visa in the UK

In the UK, only immigration authorities can cancel a spouse visa. It’s not something a UK citizen or settled partner can do. This is because the Home Office or an overseas officer grants the visa based on the relationship. Although, the settled partner can take steps that might influence the Home Office to revoke the visa.

Related Topics

⇒ UK Spouse Visa – The 5 Year Route
⇒ The UK Spouse Visa Refusal Appeal Process
⇒ Applying for a Spouse Visa from outside the UK
⇒ The Genuine Relationship Rule in UK Spouse Visa Applications
⇒ Can I come to the UK as a Partner/Spouse without Enough Money? 
  

There are various circumstances that may lead to such a spouse visa revocation.

 1. Letter/ email of denunciation

If a British or settled spouse/partner complains to the Home office that the visa granted to their spouse or partner was not obtained under genuine circumstances, or was a sham and simply for immigration purposes and not based on love and affection and an intention to live together permanently. In that case, this can lead to the revocation of the visa granted and will result in the foreign spouse/partner remaining in the UK as an overstayer. Unless a further application is made to remain in the UK for some other purpose, that individual would be removed from the UK.

The Home Office will investigate a case like this and ask questions if such an allegation is reported to them. In many instances, such reporting occurs in a moment of upset, following a domestic argument between the parties. That is why some say that the British or settled spouse/partner always has the upper hand in a relationship, as this threat of reporting is at their disposal. 

Click here for expert advice and guidance on the UK immigration process.
 2. A divorce

The parties may divorce following which the foreign spouse/ partner may be unable to renew their visa, which requires the other spouse or partner’s co-operation. This could result in either no extension application being made or if made it would be refused. In the meantime, if the foreign spouse or partner does not regularise their status, overstaying in the UK could result in their removal.

For expert advice on how the UK divorce process works, click here.

3. Statements made to the immigration officer at a port of entry in the UK

An immigration officer has the right to revoke a visa. Suppose an immigration officer questions a foreign spouse because having a substantial absence from the UK and the answers given are unsatisfactory, this can lead to the visa being cancelled. If this occurs, the foreign spouse may then be granted temporary admission with under the Immigration Act 1971, with reporting restriction in place by the issue of form IS 96 and immigration officers bail until the immigration service decides how to finalise the matter. They will then liaise with the home office or entry clearance officer (who had originally granted the visa), and the other spouse as to the relationship’s genuineness. 

4. Following an appeal

A right of appeal under part 5 of the Nationality Immigration and Asylum Act 2002 as amended by the Immigration Act 2014, at section 82(1) on article 8 human rights grounds (which encompasses the revocation of the spouse/ partner visa), if exercised and dismissed could eventually lead to removal.

Learn more about immigration appeals and judicial reviews, click here

5. Non-EEA national spouse or partner

Similar issues may occur if a non-EEA spouse or partner of an EEA national is questioned, like a British or settled spouse. The Home Office might cancel their five-year residence visa under the EU settlement scheme. The immigration officer could do this when they seek entry into the UK. If their appeals under section 36 of the Immigration (European Economic Area) Regulations 2016 or the EU settlement scheme fail, they could be removed if the relationship is found to be a sham or fake.

 What if the spouse/ partner has obtained permanent residence under the UK immigration rules or settled status under the EU settlement agreement?

If a spouse or partner gets permanent residence or settled status in the UK, their visa can’t be revoked by their British or EEA partner. Once this status is granted, it’s too late to change it.

 What if the foreign spouse/partner is facing deportation?

If a foreign spouse/partner is facing deportation due to a crime or other reasons, the UK government can cancel their stay. This can happen even if they have an ILR.

Ask our Expert Legal Team

At Gulbenkian Andonian, we pride ourselves on “Excellence, Experience and Efficiency”. With over 35 years of experience on your side, our team of London based lawyers and solicitors have a wealth of experience advising individuals, families and businesses of all sizes to find clarity on UK law.

Call us on +44 (0) 207 269 9590 or fill out the form below. We usually reply within a few hours.

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