Spouse Visa Appeals and Reapplication After Refusal

Appeal Deadlines: 14 Days and 28 Days

The appeal must be lodged within:

14 calendar days if you are in the UK at the time of the refusal notice
28 calendar days if you are outside the UK

These deadlines run from the date of the refusal notice, not the date you receive it. Missing the deadline removes the right of appeal entirely. If you are close to or have already passed the deadline, take advice before assuming the appeal route is closed — in some cases where the notice was not properly served, the deadline may not have begun to run.

Who Has the Right to Appeal?

The right of appeal against a spouse visa refusal exists where the decision engaged human rights grounds. This is the case for virtually all Appendix FM (family visa) decisions, because the right to family life under Article 8 ECHR is at issue. The refusal letter should state whether a right of appeal exists.

How to Lodge a Spouse Visa Appeal

Appeals are submitted to His Majesty's Courts and Tribunals Service (HMCTS) using the online appeals management system. The process involves:

Completing the notice of appeal form, identifying the grounds on which you are challenging the decision
Paying the appeal fee (currently £140 for an oral hearing; £80 for a paper hearing)
Submitting any initial evidence bundle
Serving the appeal on the Home Office

A paper appeal is faster and cheaper, but gives up the opportunity to present oral evidence. Oral hearings are generally the better choice for complex cases or where relationship findings need to be challenged.

The First-tier Tribunal Process

Once an appeal is lodged, the Home Office is given the opportunity to file a review. In some cases, the Home Office will concede the appeal at this stage. If the Home Office maintains the refusal, the case proceeds to a hearing where both parties can call witnesses, the Home Office is represented by a Presenting Officer, and a written determination is issued typically within six to eight weeks of the hearing.

The Tribunal's determination either allows the appeal (meaning the visa must be granted) or dismisses it. A dismissed appeal can be challenged in the Upper Tribunal, but only on a point of law.

Grounds for Appeal

The decision was not in accordance with the immigration rules. The refusal misapplied the rules, gave insufficient weight to evidence, or made findings that were not open to the decision-maker on the evidence before them.

The decision was unlawful under the Human Rights Act 1998. The refusal was a disproportionate interference with Article 8 family life rights, particularly where the couple has children, or where family separation would be unduly harsh.

New Evidence in an Appeal

The First-tier Tribunal considers the position as at the date of the hearing, not just the evidence before the original decision-maker. This is a significant advantage of the appeal route over administrative review. New evidence that can be submitted includes updated financial documents, additional relationship evidence, witness statements from family members or friends, and expert reports.

New evidence must be served on the Home Office in advance of the hearing in accordance with Tribunal directions. Evidence served too late may be excluded.

How Long Does an Appeal Take?

First-tier Tribunal hearings typically take six to twelve months from lodging to hearing. Section 3C leave: where an in-country applicant has lodged an in-time appeal, their leave is extended by operation of law until the appeal is finally determined — meaning they remain in the UK lawfully during the appeal process. For applicants outside the UK, an ongoing appeal does not confer any right of entry.

When Reapplication Makes More Sense

Reapplication is often the faster and simpler route when:

The refusal was due to missing or incorrectly formatted evidence that can now be supplied
The financial position has improved
The appeal deadline has been missed
You need a decision faster than the appeal timescale allows

There is no mandatory waiting period before reapplying. Full visa fees apply. The previous refusal must be declared on the new application.

Reapplication Strategy: Addressing the Refusal

A fresh application that does not address the grounds of the previous refusal is at high risk of the same outcome. The new application needs to:

Identify each specific finding in the refusal letter
Provide direct evidence addressing each finding
Include a covering letter explaining what has changed since the original application

For financial refusals: supply correctly formatted payslips, bank statements, and employer letters for the relevant period. For relationship refusals: address the specific credibility concerns raised — if the caseworker found the contact record thin, submit a systematic communication summary.

Frequently Asked Questions

What is the appeal deadline for a spouse visa refusal?

14 calendar days if you are in the UK, 28 days if you are outside. The deadline runs from the date of the refusal notice.

How long does an appeal take?

Typically six to twelve months to a First-tier Tribunal hearing. In-country appellants retain lawful status under Section 3C leave during the process.

Can I submit new evidence on appeal?

Yes. The Tribunal considers the position as at the hearing date, not just the evidence before the original decision-maker.

Is it better to appeal or reapply?

Depends on the grounds. Appeals suit cases where the decision was wrong in law or where strong new evidence needs to be tested. Reapplication suits cases where the refusal was due to missing evidence that can now be supplied.