The process of obtaining a UK Spouse Visa can be a daunting task for couples wanting to live together in the United Kingdom. The application process can be complicated, stressful and time-consuming for many individuals. Unfortunately, even when applicants feel that they have followed all the necessary procedures, their application may be denied. In this case, individuals may choose to appeal the decision. However, winning a UK Spouse Visa appeal is a challenging feat. It requires a lot of preparation to fulfill the requirements of UKVI. In this regard, it can be helpful if you take help from a spouse visa lawyer to appeal a spouse visa refusal in the UK. In this blog post, we will explore why winning a UK Spouse Visa appeal is hard.
What is UK Spouse Visa & Why it isn’t Easy to Win?
Before delving into the reasons why it is difficult to win a UK Spouse Visa appeal, it is crucial to understand what a UK Spouse Visa is and the requirements for obtaining one. A UK Spouse Visa is a type of visa that enables the spouse of a British citizen or permanent resident to enter and live in the UK for a specified period of time. In order to become eligible for a UK Spouse Visa, the applicant must meet specific requirements, which include:
- Being married to a British citizen or permanent resident
- Being able to prove that the marriage is genuine and subsisting
- Being able to prove that the applicant and the sponsoring partner have a combined income that meets the financial requirement
- Being able to prove that the applicant meets the English language requirement
Why it’s Challenging to Win a UK Spouse Visa Appeal?
1. The Burden of Proof:
One of the main reasons why it is difficult to win a UK Spouse Visa appeal is the burden of proof. In an appeal, the burden of proof is on the appellant to prove that the original decision was incorrect. This can be challenging, especially when the initial decision was made based on the lack of evidence presented. The applicant must provide new evidence or argue that the original decision was made based on an error of law. This can be challenging, especially for individuals unfamiliar with UK immigration law.
2. The Lack of New Evidence:
Lack of new evidence can be another reason behind the challenges of a UK spouse visa appeal. In most cases, the evidence presented in the initial application will be the same in the new appeal. It can be challenging to present new evidence that was not available at the time of the initial application. This is because the appeal process is not designed to allow for the presentation of new evidence. The appeal process is designed to allow for a review of the decision based on the evidence that was available at the time of the initial application.
3. The Complexity of UK Immigration Law:
The UK immigration system is complex and constantly evolving. It can be challenging for applicants who need to become more familiar with the system to navigate the appeals process. Many legal requirements of The UK Home office must be fulfilled, and failure to meet these requirements can result in a denied appeal. In addition, the appeals process can be time-consuming and costly, burdening individuals who are already struggling financially.
4. The Lack of Legal Representation:
Spouse visa applicants who choose to appeal a UK Spouse Visa decision are not required to have legal representation. However, the lack of legal representation can be a significant disadvantage. UK immigration law is complex, and a spouse visa lawyer can be invaluable in navigating the appeals process. Legal representatives are familiar with the legal requirements and can provide guidance on how to meet these requirements. They can also assist with the preparation of evidence and the presentation of the case.
5. The Limited Grounds for Appeal:
The grounds for appeal in UK Spouse Visa cases are limited. The appellant must show that the original decision was incorrect based on an error of law or fact. This means that the applicant cannot appeal the decision based on a disagreement with the decision or based on the decision being unfair.
In conclusion, winning a UK Spouse Visa appeal can be a daunting and challenging process. The burden of evidence lies with the appellant, and the lack of new evidence, the complexity of UK immigration law, the lack of legal representation, and the limited grounds for appeal all contribute to the difficulty of the process. Therefore, it is essential to carefully prepare and present a strong case in order to increase the chances of success. Seeking the guidance of a spouse visa lawyer can be a valuable asset in navigating the appeals process and increasing the chances of a successful outcome.