Spouse visa refused because I cannot support my wife: it’s not true!

credit_scoring.pngQUESTION: My wife applied for a spouse visa but they refused the visa because the Entry Clearance Officer said that my bank statements did not show that I had enough money to support her if she came to the UK.

I disagree with this as I have not been overdrawn and can meet all my rent and bill payments. Also, my wife will get a job once in the UK so we will have enough money. What can I do?

ANSWER: Your wife’s visa refusal attracts a full right of appeal. Therefore, you should submit an appeal and write lengthy grounds to appeal the refusal decision and why you believe the Entry Clearance Officer was wrong. You must then submit this within 28 days from the date of receiving the refusal notice to either the Entry Clearance Manager at the British Embassy and ask that he REVIEWS the decision- if this is success then your wife may be granted a visa without the need of her case continuing to the appeal court (called the Asylum and Immigration Chamber – “AIC”) in the UK.

You also have the option of submitting the appeal directly to the AIT in the UK but there is currently a very long queue and it is currently taking 6-8 months for an appeal case to be heard. You should also obtain legal advice from a firm of accredited immigration solicitors as an appeal can be difficult and legal advice representation is advisable.

Log onto our forum for futher FAQs.

Best wishes. 

October 2010 
Raheela Hussain
Senior Immigration Solicitor

Greenfields Solicitors

Related articles:

Marriage Visas – All you need to know 
Visa Appeals: the Process

Disclaimer: The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. Information is offered for general information purposes only, based on the current law when the information was first displayed on this website. 

 You should always seek advice from an appropriately qualified solicitor on any specific legal enquiry. For legal advice regarding your case, please contact Greenfields Solicitors for a Consultation with a Solicitor on 020 8884 1166. 

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