UK Entry Clearance Refusals Explained.

UK Entry Clearance Refusal

 

“UK Entry Clearance Refusals Explained” is an brief attempt to help individuals applying for a UK Visa.

 

It can be quite difficult to understand why your UK Entry Clearance application was refused and you surely want to learn more about how to go about re-applying without making the same mistakes on your application. Or perhaps you are about to make your application for a UK Entry Clearance and you want to get it right the first time.

 

 

UK Entry Clearance Refusals Explained in this post will help you do exactly that.

 

There are 2 main categories under which a UK Entry Clearance application can be refused. These are broadly classified as:

 

A) Mandatory refusal.
B) Discretionary refusal.

 

 

Lets dive deeper into each of the above types.

 

 

Mandatory refusal of an entry clearance application is a hard refusal where the deciding officer has to refuse your application on grounds of not meeting the application criteria. The reasons under this category are quite straightforward as to why an application will be refused. 

 

  • Entry clearance: mandatory refusals

  • Entry for purpose not covered by the rules

  • Deportation order or conviction

  • Overseas criminal record certificates: no longer GGFR

  • Failure to produce valid passport or travel documentation

  • Exclusion by Secretary of State

  • Deception

  • Document examination (DER) and verification reports (DCR)

  • EEA family permits

  • Previous breach of UK Immigration Rules

Discretionary refusal is when the officer can consider whether the circumstances allow him or her to use their discretion while making the decision to refuse. These are quite tricky and one has to learn as much in order to prepare the best application.

 

  • Required information not provided

  • Returning resident: paragraph 18 not met 
  • Returning resident away for more than two years

  • Passport authority not recognised by UK government

  • Contriving to frustrate the immigration rules

  • No ability to return or be accepted elsewhere

  • No written sponsor undertaking Child under 18, no parent or guardian written consent
  • Criminal convictions

  • Refusal conducive to public good

 

 

It can be quite daunting when it comes to making an UK Visa application and it is important that you prepare your application to the highest standard. Please do your research before you apply or consider getting professional help from registered immigration consultant here. Detailed information can be found on UK Government website here.

 

 

Hope you have found this post “UK Entry Clearance Refusals Explained” helpful.

UK SPOUSE VISA DOCUMENT CHECKLIST

UK Spouse Visa Document Checklist

The above UK Spouse Visa Document Checklist infographic explains the most important documents required for a UK Spouse visa application. This is not an exhaustive uk spouse visa document checklist and the full requirement for the application can be found here. Please note the requirements mentioned in this post are correct and up to date when this post was produced. One must always check for the latest requirements by visiting the Home Office website.

Alternatively you can seek help from a registered Immigration Adviser. The OISC, maintains a register of the immigration advisers that they regulate where you can find a suitable adviser. We are one of the recognised advisers who have filed hundreds of uk spouse visa applications and have a 100% success rate.

We understand how important it is for your spouse to join you in the UK and the process of getting a uk spouse visa is not as straight forward as it used to be few years ago. To make it worst the UK government charges substantial amount in application fee, so it is paramount that you get the application right the first time.

We offer a FREE 15 minutes call with one of our registered advisers who have years of experience dealing with these applications and have been vetted by the regulatory body to meet the highest standards when it comes to representing clients with their uk spouse visa application. Please click on this link to request a free call and we will get back to you within 24 hours (usually a lot quicker) to arrange a time where we can discuss your uk spouse visa application and answer any queries you may have.

If you found this uk spouse visa document checklist helpful please don’t forget to share. If you have any questions you may post in the comments section below.

10 Tips For UK Spouse Visa Application

UK Spouse visa is a vital part of a married couple’s life where one of the spouse is a British Citizen and the other spouse wants to join them in the UK. The immigration department is very strict about who gets to enter as a spouse and takes every case through a rigorous test. The interviews can get too personal too quick and the wake up calls can be harsh. Also, if you fail to get a visa the first time around, the consecutive trials only become that much harder. This is why it really helps to have an expert solicitor and consultant in your
stride from the beginning.

1 Check the ‘settled status’ of your British partner

First and foremost, you have to check the actual status of your partner in the UK. A basic overlooking of this can cost a fortune. Make sure to verify their documents before even thinking to apply as any kind of failure to comply with the laws will make things hard on

your part. The things that can be looked at to verify this are

a. British citizenship documents

b. Proof of permanent Residence in the UK

c.Settled Status using IRL Visa route

d. Having Refugee Status or Humanitarian Protection in the UK

This will be the most vital aspect for those who are moving newly to the UK and want a spouse visa to the UK as soon as possible.

2 Marry legally, not just traditionally

UK immigration has very clear procedure when it comes to recognising the marriage between a couple. The marriage or civil partnership outside the UK has to take place in the right manner as per the immigration requirements. A partnership without any documentations or completed legal formalities will be looked upon dimly. The resident partner needs to provide the appropriate documents for application approval.

3 Gain Command over English Language ‘before’ applying

One of the basic requirements of emigrating to the UK on a spouse visa is that the partner must have a good knowledge of english, both spoken and written. And no matter how good your english is, it wont matter unless you can prove it some how. Some ways to quantify your claim of having a good english are:

a. Take an English test with at least CEFR A1 in speaking and listening

b. Provide Academic Qualifications that are recognised by UK NARIC

Pro tip 1: For UK NARIC, providing a UK based address will reduce processing time

Pro tip 2: Nationals of USA, Canada, Australia and New Zealand, along with some other, don’t need to prove their knowledge of English language

4 Switching Visa type within the UK

If you are already in the UK on a different visa, and wish to switch to Spouse Visa due to marriage with a British Citizen, simply switching your visa is also an approach to getting a Spouse Visa.

The following categories of other Visa holders are most common to switch:

a. Tier 4 Student Visa Holders

b. Tier 5 (Mobility) Visa Holders

c. Leave to Remain holder who has completed 6 months

You might also get an Indefinite Leave to Remain after Marriage within the UK sooner if you stay on your current Visa.

What does not qualify for switching is clearly a Visitor Visa. But in case you are one of the few who has fallen in love with a British Citizen on your visit to the UK, contact our expert consultants for more details on solving this complexity.

5 Have a combined income of more than £18,600 a year

This is a quick one, and like the most basic thing to include in your check list. This is a mandatory requirement for a couple and this increases in case you have children who are going to relocate along with you. Unless you have a special case that breaches the Article 8 of European Convention on Human Rights, this requirement is more or less set in stone. So make sure to clear this off your plate before planning your move.
Pro tip 3: If the applicant or sponsor get academic maintenance grant or stipend, it can be shown as a source of income. A tax-free grant of £15,800 will be enough to meet the financial requirement of £18,600

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6 Prepare for Interview and Procure Needed Documents

This goes without saying, but always keep consistent records of all your financial dealings. Specially if you wish to apply for a Spouse visa in the UK. Preparation is the key to having a smooth sailing interview with the officers in charge of your case file. As discussed earlier, the immigration department is really strict about who they allow in the country via Spouse Visa. The more the preparedness, the easier it will be to answer queries raised by the department.

If you are called for an interview make sure your submitted documents are available as needed. It wont make the best impression to spend 5 minutes trying to find the original of a photocopy, specially given the over-worked nature of the immigration department.

Pro Tip 4: Categorising your documents based on priority will be helpful: MARRIAGE PROOF | ENGLISH QUALIFICATION | MESSAGES WITH SPOUSE | LEGAL DOCUMENTS

7 Demonstrate your Intent to Stay together

Your case immediately gains a ton of attention and seriousness from the authorities if you can show them you are serious about being a well contributing citizen of the UK. Having a future goal in the country in terms of career is for sure a good thing to have, but you also have to prove your seriousness of being in the relationship permanently with your spouse. In that case the UK spouse visa will require a good deal of thought before application. Anything that shows you two love each other or are well binded by other forces such as family, common friends, work circle and personal interests will be welcome. Have screenshots of whatsapp messages and such other things to back up your claims if
necessary.
Pro tip 5: You can show good faith by having joint bank accounts and investing in real estate properties together. This shows your long term commitments, but don’t over-do it

8 The older the relation, the better it will be

The older your relationship is, the better it is for the application process. UK Spouse Visa has a requirement of relationship to have been about 2 years old at least, so anything older is just another add-on that supports your case. This doesn’t mean being child-hood sweethearts will increase your chances automatically, but it will definitely make a better case than a more recent encounter. Providing proofs of your chats and other correspondence will also be effective in this case.
Pro tip 6: Generate social media proof of your association by uploading pictures together. Well documented social media accounts can help a lot. Specially on platforms like Instagram where the date of posting is not modifiable. Use your already existing account to strengthen your case

9 Show criminal records, if any

More harm comes form hiding information that the immigration department can discover, and finds out you have lied about. It is not okay to have a criminal record in the first place, but it is worse to try and hide it. Only serious criminals and those who are serious offenders will face any resistance. But they are not really the kind who come to another country on a Spouse Visa. And getting parking tickets is not really something that will hold a serious threat to admission into a country.

10 Hire a Consultant

A UK Spouse Visa is an important application and needs serious consideration and expertise when applying the very first time. A consulting immigration expert and solicitor will be able to guide you in the application process flawlessly and help you at every step.The investment in finding such expert help is priceless when compared to the value of being able to take comfort in the knowledge that your application is being handled by professionals. It also increases your chances.

Pro tip 7: Hire our expert help in your UK spouse visa application and have more confidence!

Having someone by your side is always a good strategy. We have helped thousands of applicants with their UK Spouse Visa.

These are the top 10 tips for a UK spouse visa from other countries.

As an additional give-away, here is a quick list of all the documents needed for your UK Spouse Visa Application:

  •  Proof of English language requirement.
  •  Proof of financial means.
  •  Proof of relationship as photos of you two together, etc.
  •  Valid passport with at least an empty page along with Your previous passports
  •  Two passport-sized colour photos that are in line with the requirements
  •  Your national insurance number
  •  Your parents’ date of birth and nationality (if you’re applying from outside the UK)
  •  Proof of accommodation
  •  Biometric information
  •  Details of any previous immigration applications, if any.
  •  Certificate of criminal record
  •  Proof of paid spouse visa fees.

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