Success Story: UK Spouse Visa Granted After Previous Rejection

Our Specialist Immigration Team has recently been successful in securing a Spouse Visa for our client (“the Applicant”). The Applicant is a Canadian citizen who sought our assistance in obtaining a Spouse Visa in order to join his wife and children in the UK. He came to our firm after having previously held a spouse visa, however when it came time to extend it, he did not meet the financial requirements. The Applicant then had to return to Canada in order to reapply for entry clearance as a Spouse. We applied on his behalf for entry clearance as a spouse and achieved a successful result. The Applicant received his visa within the standard processing times.

How do I apply for a UK Spouse Visa?

To apply for a UK spouse visa, you will need to follow these steps:

  1. Determine that you meet the eligibility requirements for a spouse visa.
  2. Gather the necessary documents to prove your relationship and financial status.
  3. Complete the online application form, pay the application fee, and book a biometric appointment.
  4. Attend the biometric appointment and provide your fingerprints and photograph.
  5. Submit any additional documents requested by the UK Home Office.
  6. Wait for a decision on your application.

For further information on the requirements of this visa, such as the financial, relationship and accommodation requirements, contact Lexvisa to obtain further advice in order to be well-informed of your circumstances before applying or re-applying for entry clearance as a spouse.

How long does it take to approve a UK Spouse Visa?

The processing time for a UK spouse visa can vary depending on a number of factors, such as the volume of applications received by the UK Home Office and the completeness of the application. However, on average it takes around 6-8 months from the time of application to receive a decision.

It’s important to note that it’s highly recommended to apply as early as possible, because it will take some time for the Home office to process the application and also for you to gather all the required documentation.
Also, priority service and super priority service are available with extra fees, which can reduce the waiting time.

It’s also important to bear in mind that this is just an estimate and actual processing times can be different based on individual case and circumstances. If the case is complex or the Home office has any doubts about the authenticity of the relationship, the processing time could be longer.

I Have A Previous Rejection, Can I Still Apply?

If your previous application for a UK spouse visa was rejected, you may still reapply. However, it is important to address any reasons for the previous rejection in the new application and provide any additional evidence or documentation that may support your case. For this reason, it is also recommended to seek legal advice before reapplying. At Lexvisa, we can provide strong legal representations on your behalf in making a new, well-drafted application as we did with the Applicant in this success story.

The Applicant previously failed to meet the financial requirements due to his Sponsor’s income being just below the requirement. When he approached Lexvisa, we engaged in a consultation and delved into his current financial circumstances. We advised him on the best way to meet the financial requirement, which ended up being Category F of Appendix FM of the Immigration Rules. Due to our expertise in Immigration applications, the application was successful and the Applicant was granted the Spouse Visa. This successful outcome added to our growing list of Success Stories.

I Want To Appeal Instead, Can You Help?

Of course. If your UK spouse visa application was refused and you would like assistance or advice on appealing this decision, we can certainly help.

You have the right to appeal the decision if you believe that the Home Office has made a mistake or if new evidence emerges that you were not able to provide at the time of your initial application. This must be done within 14 calendar days of being notified of the decision, and will typically be heard at an Immigration and Asylum Chamber of the First-tier Tribunal. Read our informative guide on how an appeal at this level of Tribunal is made and what to expect. At Lexvisa, it is routine for us to lodge and attend immigration appeals at the First-Tier Tribunal however we understand how daunting it can be for an individual not accustomed to the legal processes of an appeal hearing. Therefore, fill out our case assessment form to have your case reviewed by a member of our specialist team so that we may assist you in your appeal.

Another option is to make an Administrative Review, it’s an expedited internal review of a decision taken by the UKVI and you can use it if you think the decision made on your application is wrong because of an error on a point of law or fact.

It is highly recommended to seek legal advice from an immigration solicitor or an accredited lawyer with experience in UK visa matters such as Lexvisa, to help you understand your options and assist you in making an appeal or a new application.

In this success story, the client opted to make a fresh application for a new Spouse Visa however, your circumstances may warrant a different route, especially if it is applying for Administrative Review or making an appeal to the First-Tier Immigration Tribunal. At Lexvisa, we can assist in preparing and filing a fresh application. We also provide services in preparing and lodging appeals and applying for an Administrative Review, where necessary. We are with you every step of the way.

Why instruct our specialist Immigration Solicitors?

Our team of solicitors and barristers represent your interests at all times. On initial consultation, our highly competent team will advise you regarding your immigration status and assist with your application from the very beginning.

We are based in the legal epicenter of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Royal Courts of Justice and other central London courts. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation. Contact our London immigration solicitors on 02030110276 or complete our contact form.

Authored by Tehreem Fatima, Paralegal

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