This relates to UK Spouse Visa Refusal Reasons in the light of spouse/partner visa requirements stated in Appendix FM to the Immigration Rules and related legislation. A “partner” is defined in paragraph GEN.1.2. of Appendix FM as the applicant’s spouse, civil partner, fiancé(e) or proposed civil partner, or a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application. The post covers most common refusal reasons due to an inability of an applicant to fulfil suitability, relationship, English language, accommodation and financial requirements for entry clearance and leave to remain applications as a spouse/partner of a UK sponsor/spouse. There are many common reasons for UK spouse visa refusal such as the inability of an application to prove he/she comes within the definition of spouse/partner, which is the basis of a spouse/partner visa application. Similarly, refusal reasons relate to the immigration status of partner, age, degree of relationship, genuine and subsisting relationship, the validity of a marriage or civil partnership, the previous relationship, intention to live together permanently in the UK, immigration status of the applicant for extension applications, inability of an applicant to meet financial requirement, adequate maintenance and accommodation, and English language requirement. Moreover, a spouse visa application can also be refused due to suitability and general grounds such as applicant is not conducive to the public good, a refusal on basis of a deportation order, criminality, conduct, character and associations, false representation and failure to disclose material facts, current partner is not the same as at the last grant of leave.
This relates to Spouse Visa English Requirement in the light of Appendix FM for Family Members of the Immigration Rules. For the initial 30 months application as a spouse/partner of UK Sponsor an applicant needs to demonstrate a minimum English Language proficiency level of A1 and for subsequent 30 months leave to remain application the required level of English Language is A2 of the Common European Framework of Reference for Languages (CEFR). The requirement attracts a number of exemptions relating to age, disability, exceptional circumstances. Moreover, a National of Majority English Speaking Country and an applicant who has a degree taught in English are also exempt from spouse visa English Test requirement.
This relates to Spouse Visa Accommodation Requirements as an applicant is required to provide documents relating to accommodation in the UK with the spouse visa application. Please note: applicants are not required to make any payments for accommodation until they receive a decision on their spouse visa application. In terms of Paragraph E-ECP.3.4 of the Appendix FM of the Immigration Rules, an applicant is required to furnish proof of adequate accommodation in the UK, which is either owned or occupied exclusively by the applicant or the sponsor with the entry clearance application for the spouse visa from outside the UK. The accommodation should neither be overcrowded nor contravene public health regulations. Accordingly, the three requirements that an accommodation needs to fulfil are: Exclusive ownership or occupation, Adequate and not overcrowded; and Compliance with public health regulations.
The details for UK Settlement Visa Processing Time from a random sample of fifteen (15) UKVACs during the month of January 2018 indicates that 10% of the applications submitted in nearly all the UKVACs are concluded within 30 days; however, in quite a few instances 25-50% settlement applications are decided within 30 days. Therefore, the applicant has purchased priority service then there is a good likelihood that the application will be processed within 6 weeks (30 working days). Otherwise, most of the applications are processed within 60-90 days; however, a fraction of the applications are not concluded even within 120 days (24 weeks).
This relates to UK Settlement Statistics 2006-16 for decisions on in-country applications. According to Official Statistics, during 2007-16, a total of 1,497,456 Decisions were instituted on in-country applications. As many as 1,416,657 applicants were granted Settlement in the UK (inclusive of 406,952 Spouse Visas) and 80,799 applications for UK Settlement Refused. Accordingly, the Refusal Rate during 2007-16 was 5.40%. The in-country refusal rate was the highest in 2007 (9.75%) and lowest in 2012 (3.06%). Accordingly, most applications were refused during 2007 (13,481) and least during 2012 (4,101). The highest number of Decisions (252,326) and Grants (241,192) were made in 2010. The lowest number of Decisions (66,024) and Grants (60,670) were given in 2016. All in all, during 2007-16, a total of 1,416,657 Grants were given in the following four (4) broad categories i.e. Work, Asylum, Family Formation and Reunion (Spouse and Dependants), and Other.
This relates to Grants of Settlement to Spouses on the Basis of Marriage during 2006-2016. According to Official Statistics, during 2006-16, 406,952 Spouse Settlement Visas were granted to Husbands (142,856 Grants i.e. 35.10% of the Total Grants) and Wives (264,096 Grants i.e. 64.90% of the Total Grants) under TEN (10) categories as detailed below. Here it is important to note that 345,075 Settlement Visas were granted to Husbands (123,561 Grants) and Wives (221,514 Grants) whose Spouse is a British Citizen, which constitutes 84.80% of the Total Spouse Settlement Grants during 2006-16. During the period 2006-2016, the highest number of spouse visas were granted in 2009 (55,600) and the lowest number of spouse visas were granted in 2016 (5,271). On a year to year basis in 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015 and 2016 a total of 42,717, 36,983, 41,329, 55,600, 53,147, 41,684, 37,399, 50,498, 28,230, 14,094 and 5,271 spouse settlement visas were granted, respectively.
Since some inquiries are interested in knowing the UK Visa Application Processing Time from outside and inside the UK. Moreover, if their visa application is refused then applicants are interested in knowing the time period for appeals, administrative review and judicial review. Therefore, this post highlights the details of Non-Settlement Visa Processing Time from Outside…
The Fiancé visa lets a ‘settled status ‘in the UK to sponsor his/her fiancé or proposed civil partner to enable their marriage or civil partnership in the UK. The visa is issued for six months for undertaking marriage/civil partnership in the UK; however, if for some plausible reason the marriage or civil partnership could not happen within the initial six months, then an extension of six months for leave to remain in the UK is granted. Depending on the circumstances of the applicant and the UK sponsor, apart from fiancé visa, marriage visitor visa can also be applied for enabling marriage or civil partnership. However, after marriage or civil partnership, the fiancé visa is converted into spouse/partner visa for leave to remain in the UK, which enables permanent settlement.
This relates to ILR as Victim of Domestic Violence, also covers the Home Office Rules for Domestic Violence– Appendix FM and Immigration Rules domestic violence. Spouse Visa Domestic Violence UK This category is for those applicants who have been granted a limited leave to enter/ remain or an extension in the United Kingdom as a spouse, registered…
It is mandatory to use Application Form SET(M) for applying ILR as the Partner of a Person Present and Settled under: 2 Year Route- for those applicants, who were last granted limited leave for a period of 27/24 months under paragraphs 281 to 286, 295AA to 295F, 282(c) and 319L Part 8 of the Immigration Rules and have completed at least 24 months (2-Years) with such leave as a partner under Part 8. 5 Year Route- only those applicants will be eligible to apply for an ILR who were last granted thirty (30) months limited leave to remain as a partner and have been able to complete at least sixty (60) months (5-Years) under Appendix FM: Family Members of the Immigration Rules.