Spouse Visa Refused: Appeal or Reapply

Start With the Refusal Letter

The refusal letter sets out which requirement was not met, the paragraph of the Immigration Rules it comes from, and what rights you have and by when. Nothing on this page, or anywhere else, replaces it: it is the only record of the reasoning applied to your case.

Rowan does not publish refusal rates or success rates, and cannot tell you what a decision maker or a judge would do with your facts. What follows is what the published rules provide for.

The Requirements a Refusal Is Written Against

A family application as a partner is decided against Appendix FM of the Immigration Rules. The requirements are:

• The relationship. You and your partner are both 18 or over, you have met in person, the relationship is genuine and subsisting, any previous relationship has broken down permanently, and you intend to live together permanently in the UK. You are married or in a civil partnership recognised in the UK, or have lived together in a relationship for at least 2 years, or have been in a relationship for at least 2 years but cannot live together
• Your partner's status. British or Irish citizen; settled in the UK; pre-settled status having started living in the UK before 1 January 2021; a Turkish Businessperson or Turkish Worker visa; protection status; or permission as a stateless person granted before you became their partner
• The financial requirement. £29,000 a year for a first application made on or after 11 April 2024, or the £18,600 transitional figure with child additions of £3,800 and £2,400 for those extending who first applied before that date. Cash savings can be used: £16,000 plus 2.5 times the shortfall, held for 6 months. There is no minimum income requirement where the sponsoring partner receives one of the disability or carer's benefits GOV.UK lists
• English. Level A1 at the first application, A2 in speaking and listening at the extension if you first passed A1, B1 at settlement — B2 for settlement applications made on or after 26 March 2027 under Appendix KoLL
• Accommodation. Not overcrowded, and not in contravention of public health regulations
• Suitability. Part Suitability of the Immigration Rules, which covers criminality, deception and previous breaches of immigration law
• Where you were. An applicant for permission to stay as a partner must not be in the UK as a visitor, or with permission for 6 months or less, apart from the fiancé, fiancée or proposed civil partner and family court exceptions

Where an application does not meet those requirements, paragraph GEN.3.2 of Appendix FM requires the decision maker to consider whether there are exceptional circumstances that would make refusal a breach of Article 8 of the European Convention on Human Rights, because it would produce unjustifiably harsh consequences. The best interests of any child under 18 are a primary consideration. A grant on that basis is on the 10-year route to settlement rather than the 5-year route.

Appealing to the Tribunal

A refusal of a human rights claim carries a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber), which is independent of the Home Office. A judge hears both sides before deciding. Your refusal letter states whether you have this right.

• Deadline: 14 days from the date you received the decision letter if you are in the UK; 28 days if you are outside it. If you were required to leave the UK before appealing, 28 days from the date you left
• Fee: £82 for a decision without a hearing, £144 with a hearing
• Fee exemptions: published for people receiving asylum support or legal aid, for children under 18 receiving local council services, and for people who qualify for help with court fees on the basis of savings, benefits or income
• How: online, which GOV.UK says is quicker than post or email. You cannot appeal online if you are detained in an immigration removal centre or prison

See our appeal guide for the process in detail. If you do not have a right of appeal, the alternative the Home Office publishes is an administrative review.

Making a Fresh Application

The Immigration Rules set no waiting period after a refusal that did not involve a breach of immigration law. A fresh application is decided against the same requirements, on the evidence you send with it. The published costs and timings are:

• Fee: £2,064 for each person from outside the UK, £1,407 from inside. There is no reduced fee after a refusal
• Healthcare surcharge: paid again. For a first grant of 2 years and 9 months it is £3,105 for an adult and £2,328 for a child; for a 2 year 6 month grant, £2,587.50 and £1,940
• Decision: usually 12 weeks from outside the UK; from inside, 8 weeks if you meet the financial and English requirements and about 12 months if you do not
• Fee waiver: published for people who have no place to live and cannot afford one, cannot afford essential living costs such as food or heating, or have a very low income where paying would harm a child's wellbeing

An appeal and a fresh application are not designed to run together. Where an administrative review is the available route rather than an appeal, GOV.UK is explicit that a review request is withdrawn if you make any other immigration or visa application.

Getting the Healthcare Surcharge Back

GOV.UK says the immigration health surcharge is refunded if your visa application is refused, or if you withdraw it before a decision is made, and that you usually get the refund within 6 weeks of getting the decision on your application. The application fee itself is not refunded on a refusal: it pays for the application to be considered, not for it to succeed.

What Each Requirement Turns On

Where a refusal names a requirement, these are the published rules that requirement is measured by:

• Income. Appendix FM-SE sets the evidence categories. Category A is employment with the same employer for at least 6 months; Category B applies where employment is shorter or income varies, and uses a 12-month record. Cash savings must have been held for 6 months. See the income guide
• Relationship. GOV.UK asks for evidence from the government, a bank, a landlord, a utility provider or a medical professional, confirming the relationship, less than 4 years old. See relationship evidence
• English. A degree taught in English, a degree awarded by a UK institution, or a pass at the required level in a Secure English Language Test from an approved provider. A degree from outside the UK needs an Ecctis assessment
• Accommodation. Appendix FM says accommodation is not adequate if it is, or will be, overcrowded, or if it contravenes public health regulations

Declaring the Previous Refusal

You must declare the previous refusal on any later application. A refusal on its own is not a ground for refusing a later application. Failing to declare it is a separate matter: Part Suitability allows refusal where an applicant made false representations, provided false documents or information, or did not disclose relevant facts, and where deception was used in a previous application, a later application for entry clearance must be refused for 10 years.

Regulated Advice

Rowan publishes information, not advice on your case, and cannot say which route fits your facts. Anyone giving immigration advice in the UK for a fee must be regulated — by the Immigration Advice Authority, which replaced the Office of the Immigration Services Commissioner on 16 January 2025, or by a legal regulator such as the Solicitors Regulation Authority. GOV.UK publishes a register at find an immigration adviser. Our guide on applying yourself or using a solicitor sets out what each involves.

The Dates That Matter

One of these is short and runs from the date you received the decision letter:

• 14 days to appeal, if you are in the UK
• 28 days to appeal, if you are outside the UK
• 6 weeks is how long GOV.UK says the healthcare surcharge refund usually takes
• No deadline applies to making a fresh application, unless a mandatory refusal period is running

Related guides:

• Spouse Visa Appeal
• Common Mistakes
• Spouse Visa UK: Complete Guide
• Costs 2026

For official guidance, visit GOV.UK: UK family visa and appeal against a visa or immigration decision.

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