Can you appeal if your spouse or partner visa is refused?
In most cases yes. A refusal of a family application, whether for a spouse, partner, fiancé(e), child, parent or adult dependent relative, is normally treated as the refusal of a human rights claim and carries a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). The refusal letter says so. This is different from most work and study visa refusals, which carry only administrative review.
An appeal is not a complaint. It asks an independent judge to decide the case afresh on the evidence, including new evidence in many family appeals, and to decide whether refusing you breaches your right to a family life under Article 8 of the European Convention on Human Rights. See the Human Rights Act and the ECHR.
The deadline to appeal a refused spouse visa
| Where you are | Time to appeal |
|---|---|
| Outside the UK | 28 days from the date you received the decision |
| Inside the UK | 14 days from the date the decision was sent |
Counting begins on receipt, not on the date on the letter, from outside the UK, so keep the email or envelope. The Tribunal can accept a late appeal for a good reason, but you should not plan on that. Do not wait until you have all the evidence: file the notice in time, and send the evidence afterwards.
The appeal fee
The Tribunal fee is £82 for a decision on the papers and £144 for a decision after a hearing. You may not have to pay if you qualify for help with fees. See our guide to immigration appeals for the fee and exemptions.
What the appeal asks
The Immigration Rules matter, because a person who meets them is very likely to win, but they are not the only argument. The judge looks at the evidence and balances the public interest in immigration control against the effect of the refusal on you and your family, including any children. Where the family cannot reasonably live together abroad, or a child’s best interests point to the UK, the appeal can succeed even where a rule is not met. The Tribunal normally decides the appeal on the position at the date of the hearing, not the date of the application, and can hear evidence that was not before the decision-maker.
The common reasons for refusal, and what answers them
| Reason | What helps |
|---|---|
| Financial requirement not met or not shown | The right payslips and bank statements for the right months, an employer’s letter, proof of savings, or evidence that the alternatives in the rules apply |
| The relationship is not shown to be genuine | Evidence of contact over time, visits, photographs, messages and witness evidence from family and friends |
| English language | A certificate from an approved provider, or evidence of an exemption |
| Accommodation | A tenancy or ownership document and a landlord’s letter showing the home is adequate |
| Suitability | An explanation of an earlier overstay, a refusal or a conviction, with evidence |
Appeal or apply again?
Sometimes a fresh application, with the gap fixed, is quicker than an appeal: an appeal can take months. Sometimes the appeal is the stronger course, because it keeps the original application alive and can lead to a judge’s finding in your favour on the relationship. A fresh application after a refusal for deception or on the same ground can be harder. We read the refusal and advise which course is quicker and stronger, with the deadlines in mind. See visa refused: appeal, review or reapply.
What happens at the appeal
After you file, the Home Office reviews its decision. If the refusal stands, the Tribunal lists the appeal for a hearing, usually online or in person, where the judge hears evidence from you and your sponsor. Prepare your witness statement, your evidence bundle and your answers well beforehand. See what to expect at an appeal hearing.
How we help
We read the refusal, and prepare and file the Notice of Appeal with the First-tier Tribunal for you. We then prepare the evidence and represent you at the hearing. We do not bring judicial reviews. A consultation costs from £99.
