Why would a UK Fiance visa application be denied?
It can be really difficult to hear that your visa application has been denied, especially when you are applying for a Fiance visa to marry or enter a civil partnership with your partner in the UK. Tales of families being kept apart by these decisions occur often.
If you’ve already made an application for a Fiance visa, are making one currently or even just in the planning stages of your journey to the UK, knowing why applications can be denied can be incredibly helpful. Our immigration lawyers are here to advise you remotely and over the phone to try to ensure you get a positive outcome on your application. Get in touch today on 0333 305 9375.
What is a UK Fiance visa?
A UK Fiance visa gives applicants limited leave to remain in the UK for up to six months, to enable you to marry or enter into a civil partnership with your partner, if they are a British citizen or settled person. The visa is designed only to allow travel into the country for marriage or civil partnership only.
To know why you might be rejected for a UK Fiance visa, it’s important to have a grasp of the general requirements you need to meet, which are:
- You and your partner must marry within six months of attaining the visa
- Prove that any past relationships either you or your partner were in have ended
- Be aged 18 or over
- Proof of a genuine and sincere relationship, showing your communication, that you have met in person
- Your partner must be a British citizen or settled person, with Indefinite Leave to Remain
- Have adequate accommodation for you and your partner and any dependents
- English language at level A1
- Annual income of at least £29,000
With many eligibility requirements, there could be many reasons why an applicant may not meet them and have their application refused. Some of the common reasons are as follows.
Not meeting the UK Fiance Visa financial requirement
When people migrate to the UK, the Home Office want to ensure they will not need to rely on any public funds while they are here. This is especially true if people are marrying their partner in the UK and hope to then apply for a Spouse visa to build a life together in the country. It’s important that your partner, who is essentially sponsoring you into the country, makes at least £29,000 annual salary.
This is proof that you can be supported adequately whilst in the country. Showing as much proof as possible is vital, such as:
- Earnings with pay slips
- Cash savings of over £16,000
- Investments, bonds
However, it is very important to provide original bank statements with your application, not print-outs from the internet. This could be another small reason for refusal.
Problems with your application form for the Fiance Visa UK
Applying for a UK Fiance visa online is supposed to make the process as smooth as possible. However, this can lead to problems, such as choosing the wrong application form. There are many different form options you can take and it’s important you choose the right one for your circumstances. It is important you familiarise yourself with the application process in full before submitting.
If you applying either from inside or outside the UK, you must use the correct online form on the government website. When choosing your visa, choose the “Appendix FM Partner” option. The same process is used for all out of country partner visa applications. There is a different form for applicants from inside and outside the country. You can only submit from inside the country if you are already in the UK on certain visas, such as a Skilled Worker visa.
Submission of false documents or missing documents
You do not have to submit your supporting documentation straight away with your application, but it’s important that you don’t wait too long to do so from submitting the online form. The Home Office will check and corroborate all information you and your partner give in your form. If anything you submit is false or incorrect, this can result in your application being refused, even if the mistake was an honest one.
It’s also important to include as much supporting documentation as possible to show how closely you meet the eligibility requirements. If you do not provide enough supporting documents and have a cover letter of support for your application, these are both additional reasons for the Home Office to refuse your application. If you think you have made a mistake in your application, you can either withdraw it and submit a new one or outline your knowledge of your mistake and wish to correct it in your supporting statement.
Not enough proof of a “genuine relationship”
You must be planning to live permanently in the UK with your partner after you are married. This is the main difference between a Fiance visa and a Marriage Visitor visa in the United Kingdom, for example. For your application to be successful, you must provide enough evidence that you communicate regularly with your partner, that you have been in a relationship and met on at least one occasion. Chat logs, messages and photographs should be part of your evidence for this. In your cover letter or supporting statement, you can also add additional details about your relationship.
Once you have made your application, you will also be asked to attend at a visa centre to provide biometric information and you may be asked some questions pertaining to your relationship if the Home Office requires further detail. It is important you and your partner give adequate detail and provide similar answers that show your relationship is genuine.
Your criminal or immigration history
If you have a criminal history, you have been told you are not allowed in the UK, have been deported, sentenced for a crime you will find it much more difficult to be accepted for a Fiance visa to enter the UK. Further, if you’ve previously applied for a visa and been refused by the Home Office, this can also count against you. While it might not be an occasion for an immediate refusal, it can be a reason for an official to look more deeply into your case.
It is incredibly important that you do not lie on your applications or omit information that you believe may make you seem like an undesirable candidate for the visa. Doing this will never come across favourably in the eyes of the Home Office. If you can provide further information in your evidence and cover letter as to why you were refused, about your criminal and immigration history for example, that can help your case, it is always better to do so.
How the Immigration Advice Service can help you
The Immigration Advice Service is here to help South African nationals who wish to apply for a UK Fiance visa, or even appeal an application that may have been refused in the first instance. While hiring an immigration lawyer is not a legal requirement for any visa application, doing so can increase your chances of putting in an application of the highest standards in the first instance.
As you can see from our blog post, there are many reasons, large and small, why your application could be refused. An immigration lawyer is professional trained to advise you on the law and all the practical steps you need to take to give you the best chances of success with any visa application.
We can help you remotely, both online and over the phone. If you would like more information on UK Fiance visas or any other immigration route, contact our team on 0333 305 9375.
