Spouse Visa Refused: Reasons and What to Do

Updated 27 March 202614 min read

What you need to know

Spouse visa refusals most commonly result from failing the financial requirement, insufficient relationship evidence, English language issues, or accommodation concerns. Because Spouse visas engage your right to family life under Article 8 ECHR, you have a right of appeal to the First-tier Tribunal. This guide covers each common refusal reason, explains your options, and helps you decide whether to appeal or reapply.

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Refusal Reason: Financial Requirement Not Met

The minimum income requirement for a UK Spouse visa (see the GOV.UK income proof requirements) is £29,000 per year in 2026. This is the most common reason for refusal, and the problems usually fall into specific categories.

Income Below the Threshold

If your income is simply below £29,000, the refusal is straightforward. You cannot appeal on the basis that the threshold is unfair — it is set in the Immigration Rules. Your options are to increase your income and reapply, combine income with savings under the cash savings route, or explore whether your partner's overseas income can be counted.

Evidence Formatting Errors

Many refusals occur when the applicant earns enough but presents the evidence incorrectly. Common formatting errors include:

  • Bank statements that do not cover the full required period (for example, providing 5 months instead of 6 for Category A)
  • Payslips that do not show the employer's address or PAYE reference
  • Employer letters that are missing required information or are signed by someone too junior
  • Bank statements that do not match payslips (the salary credit dates or amounts do not align)

If you were refused because of a formatting error rather than genuinely insufficient income, an administrative review may succeed if the caseworker overlooked evidence you provided. Alternatively, reapply with correctly formatted documents.

Self-Employment Income Issues

Self-employed applicants face additional complexity. The Home Office requires specific documents including SA302 tax calculations and tax year overviews from HMRC. See our self-employment income guide for the correct approach.

Refusal Reason: Relationship Not Genuine

The Home Office must be satisfied that your relationship is "genuine and subsisting." A refusal on this ground means the caseworker was not convinced that your relationship is real.

Common reasons for a genuineness refusal:

  • Insufficient evidence: Providing only a marriage certificate and a few photos without communication records, visit evidence, or cohabitation proof. See our relationship evidence guide for what to include.
  • Inconsistencies: Information in the application that contradicts the evidence or the answers given by one partner that contradict the other's.
  • Limited time together: If the couple has spent very little time together in person, the caseworker may question the depth of the relationship.
  • Unusual circumstances: Very large age gaps, very short courtship periods, or previous immigration-related relationships can attract scrutiny.

Genuineness refusals are often the strongest candidates for an appeal. At an appeal hearing, you can present additional evidence, give oral testimony, and the judge can assess your relationship directly. Many genuineness refusals are overturned on appeal.

Refusal Reason: English Language Requirement

The Spouse visa requires English language ability at CEFR A1 level for the initial application and A2 for the extension. Common English language refusal reasons include:

  • Taking a test that is not on the Home Office approved list
  • A test result that has expired (SELT results are typically valid for 2 years)
  • A test score below the required CEFR level
  • Failing to claim a valid exemption (such as nationality of a majority English-speaking country)

For the correct test requirements, see our English language tests guide. English language refusals are usually straightforward to fix: take the correct test and reapply.

Refusal Reason: Accommodation

You must show that you have adequate accommodation in the UK that is not overcrowded. The accommodation must be owned or occupied exclusively by the couple (not shared with other households in a way that causes overcrowding under housing legislation).

Accommodation refusals are less common but can occur if:

  • You did not provide evidence of accommodation (tenancy agreement, mortgage statement, or letter from the homeowner)
  • The accommodation appears too small for the number of occupants
  • The tenancy agreement does not allow additional occupants
  • You plan to live with family and the property is already fully occupied

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Refusal Reason: Immigration History

Your immigration history is assessed as part of the Spouse visa application. Issues that can lead to refusal include:

  • Previous overstaying: If you have previously overstayed a visa in the UK, this is taken seriously. Depending on how long you overstayed, you may face a re-entry ban.
  • Previous deception: Any finding of deception in a previous application can lead to a ban of up to 10 years.
  • Failure to disclose previous refusals: You must declare all previous visa refusals. Failure to disclose is treated as deception.

Your Options After Refusal

After a Spouse visa refusal, you have several options. Which one is best depends on the specific reasons for the refusal.

Administrative Review

An administrative review checks whether the caseworker made an error. It costs £80 and must be requested within 14 days (in the UK) or 28 days (overseas). This is appropriate if you believe the caseworker miscalculated your income, overlooked a document, or made a factual mistake.

Appeal to the First-tier Tribunal

Because Spouse visa refusals engage Article 8 ECHR (right to family life), you have a right of appeal. You can read about refusal of entry clearance on GOV.UK. An appeal is a full rehearing of your case before an immigration judge. You can submit new evidence that was not in the original application, give oral testimony, and have legal representation.

Appeals are particularly effective for genuineness refusals, where the judge can assess the relationship directly by hearing from both partners. Success rates on appeal vary, but genuineness cases often have good prospects if the relationship is genuine.

Fresh Application

If the refusal was based on a genuine deficiency (you did not meet the income threshold, you took the wrong English test, or you lacked accommodation evidence), it may be faster and cheaper to fix the problem and reapply rather than appeal.

There is no formal restriction on how soon you can reapply, and there is no limit on the number of applications. However, you must pay the full application fee and IHS again, and you must address every refusal reason. See our general refusal guide for more on reapplying.

Building a Stronger Application

If you decide to reapply, take the time to build the strongest possible case. Do not rush to resubmit the same application with minor changes.

  1. Read the refusal letter line by line. Identify every reason for the refusal. Each one must be addressed.
  2. Get professional advice. You can find a regulated immigration adviser on GOV.UK to review your refusal and advise on the best strategy.
  3. Gather stronger evidence. If the financial evidence was wrong, get it right this time. If the relationship evidence was weak, collect comprehensive evidence across all categories. See our relationship evidence guide and financial documents guide.
  4. Write a detailed covering letter. Acknowledge the previous refusal, explain what has changed, and reference specific evidence that addresses each refusal reason.
  5. Double-check everything. Cross-reference all documents for consistency before submitting.

The Appeal Process Step by Step

If you decide to appeal, here is what to expect:

  1. Lodge the appeal: Submit your notice of appeal within the deadline (14 days in-country, 28 days overseas). There is a fee of £80 (without a hearing) or £140 (with a hearing).
  2. Prepare your bundle: Compile all evidence into an appeal bundle organised with a table of contents. Include the refusal decision, your original application, and all new evidence. Your solicitor will also prepare a skeleton argument setting out your legal case.
  3. Home Office response: The Home Office will file a response bundle explaining their position and the evidence they relied on.
  4. Hearing: You (or your solicitor) will attend a hearing before an immigration judge. Both parties present their case, and the judge may ask questions. The hearing usually lasts 1 to 3 hours.
  5. Decision: The judge issues a written decision, usually within a few weeks of the hearing. If the appeal is allowed, the Home Office must reconsider the application in line with the judge's findings.

How to Prevent a Spouse Visa Refusal

The best strategy is to get it right the first time. Based on the most common refusal reasons, here is what to focus on:

  • Ensure your income meets the £29,000 threshold for the full required period. Use our Category A or Category B guides to present your evidence correctly.
  • Provide comprehensive relationship evidence across all categories — communication, visits, cohabitation, finances, and photos.
  • Take the correct English language test at the right level from an approved provider.
  • Ensure your accommodation meets the adequacy requirement and provide evidence.
  • Declare all previous refusals and immigration history honestly.
  • Include a clear covering letter that tells the caseworker exactly what evidence you have provided and where to find it.

This guide is general information, not immigration advice. Immigration rules change frequently. For advice on your specific situation, consult an OISC-registered adviser or immigration solicitor. Always check GOV.UK for the latest rules.

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