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Spouse visa refused: options and deadlines

A refused UK partner (spouse) application is not on the administrative review list. You can appeal to the First-tier Tribunal only if the decision refused a human rights claim, which your decision letter should say; the deadline is 14 days in the UK or 28 days outside it and the fee is £82 or £144. Otherwise the usual step is a new application at £2,064 (outside the UK) or £1,407 (inside), plus the healthcare surcharge.

A refused spouse or partner application leaves two people with the same question: can this be challenged, or does it have to be made again? The answer depends on what the refusal letter says and on where the applicant was when they applied.

This guide explains the family-route requirements that refusals most often turn on, which remedies the rules provide, the deadlines, what a new application costs and what earlier refusals do to later ones. It uses GOV.UK's family visa pages, Appendix FM, Part Suitability and the 2002 Act, read on 9 October 2026. It does not say whether a particular refusal was right or what to do about it.

Start with the refusal letter

The decision letter or email is the document everything else depends on. Read it for:

  1. The date you received it. Deadlines for any challenge run from there, or from the date it was sent.
  2. The reasons for refusal, each tied to a paragraph of Appendix FM or another part of the Immigration Rules.
  3. Whether it mentions a right of appeal. GOV.UK says you will "usually be told" in the letter if you have a right of appeal.
  4. Where you were when you applied, because the appeal place and the time limit depend on it.

Keep the letter, the covering email and the application reference. Anyone helping you, whether a friend or an adviser, will ask for them first.

GOV.UK's family visa pages say that to qualify as a partner you must prove you are in a marriage or civil partnership recognised in the UK, or have been living together in a relationship for at least 2 years when you apply, or are a fiancé, fiancée or proposed civil partner who will marry within 6 months of arriving, or have been in a relationship for at least 2 years but cannot live together for a reason such as work, study or culture. You must also prove a good knowledge of English and that you meet the financial requirements. Refusals are written against those headings plus the suitability rules.

The financial requirement, in numbers

The financial requirement is one of the most common headings in a partner refusal, so it helps to see what it asks for. GOV.UK says that for a first application as a partner, you and your partner usually need combined income of at least £29,000 a year. Different rules apply if your partner receives one of the listed disability or carer's benefits, or if you first applied as a partner before 11 April 2024 and are extending that visa with the same partner, in which case £18,600 applies, with £3,800 extra for a first child and £2,400 for each further child (capped at £29,000).

How you prove it depends on how the money is earned: employed, self-employed, pension, savings and so on. GOV.UK says you may be able to use savings instead of income, and the evidence rules sit in Appendix FM-SE, which is the document to read for what a bank statement or payslip has to show.

Here is an illustration of the arithmetic, not a view on any case. Suppose a decision records combined income of £26,500 against the £29,000 requirement. The gap is £2,500 a year. The rules do not treat a near miss as a pass. The application either meets the requirement from specified sources or it does not, and the refusal letter will name the paragraph. What the rules do allow is a separate assessment, covered in the next section.

If the financial requirement cannot be met and the application is nevertheless granted on another basis, GOV.UK adds that "the earliest you'll be able to apply to settle is after 10 years in the UK".

Which remedy the rules provide

Administrative review: not for partner applications. Appendix Administrative Review, paragraph AR 1.1, lists the routes where a refusal can be reviewed. The list names Student, Skilled Worker, Graduate, Global Talent, Youth Mobility and others. It does not name Appendix FM. If you ask anyway, the request can be rejected as invalid (AR 2.2 and AR 2.13) and the days you needed for something else are gone. (Our administrative review guide has the list.)

Appeal: only if the decision refused a human rights claim. Section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002 gives a right of appeal where the Home Office refuses "a human rights claim made by" you. Section 113 defines a human rights claim as a claim that removing you, requiring you to leave, or refusing you entry "would be unlawful under section 6 of the Human Rights Act 1998". On such an appeal the only ground allowed is that the decision is unlawful under section 6 of that Act (section 84(2)).

The family visa pages explain why that is the link: even where you cannot meet the requirements, you may still be able to apply or extend if you have a child in the UK who is a British or Irish citizen or has lived in the UK for 7 years and it would be unreasonable for them to leave, or if it would breach your human rights to stop you coming to the UK or make you leave. Appendix FM paragraphs GEN.3.1 and GEN.3.2 write the same idea into the Rules: if there are exceptional circumstances which would make refusal "a breach of Article 8 of the European Convention on Human Rights, because such refusal would result in unjustifiably harsh consequences" for the applicant, their partner, a relevant child or another family member, the decision maker must consider whether the application should succeed on that basis. A relevant child's best interests must be treated as a primary consideration (GEN.3.3).

Whether your particular refusal carries a right of appeal is what the letter says. If it does not mention one, ask a regulated adviser to read it, because the answer determines the next 14 days.

A new application is available in every case, and is the subject of the last two sections.

If you do have a right of appeal

The First-tier Tribunal (Immigration and Asylum Chamber) hears the appeal. The fee is £82 if you agree to a decision on the papers and £144 if you want a hearing. The notice of appeal must reach the tribunal within:

  • 14 days of the decision being sent to you, if you are in the UK (GOV.UK says 14 days from receipt);
  • 28 days of receiving the decision, if you are outside the UK; or
  • 28 days of leaving the UK, if the letter says you must leave before you can appeal.

Section 92 sets where the appeal is brought from. If a human rights claim was made while you were outside the UK, the appeal "must be brought from outside the United Kingdom". If it was made while you were in the UK, it is brought from inside the UK unless the Home Office has certified the claim. In-country appeals are treated as abandoned if you leave the UK before they are decided.

The tribunal can take into account matters arising after the decision (section 85(4)), but only on the permitted ground, and it will not consider a new ground without the Home Office's consent. Our guide to appeals to the First-tier Tribunal covers the form, the hearing and what follows.

If you applied from inside the UK

A refused extension raises a second problem: your status. Section 3C of the Immigration Act 1971 extends your existing permission, on the same conditions, if you applied before it expired and it expired before the application was decided. The extension continues while the application is undecided and while an appeal under section 82 could be brought or is pending. It lapses if you leave the UK (section 3C(3)). Our section 3C guide has the detail.

Once there is no appeal pending and the time to appeal has gone, the extended leave ends. Part Suitability then matters. SUI 11.4(a) treats overstaying as a breach of immigration laws, with exceptions in SUI 13.1. One of them: an applicant is not treated as an overstayer if the new application "was made within 14 days of" the refusal, or of the end of leave extended by section 3C, or of the time limit for an appeal or review passing, or of an appeal or review concluding. After that, a period of overstaying can count against the next application.

Whether a person in this position should reapply, appeal, or leave is a decision for an adviser who has read the file. What matters here is that the clock does not stop while you decide.

Making a new application

A new application is a full new application. It is assessed on the evidence it contains, and the earlier refusal is on the record. GOV.UK gives the fees:

  • Applying from outside the UK: £2,064 for the person joining a partner, and £2,064 for each dependant added.
  • Applying from inside the UK: £1,407, and £1,407 for each dependant.
  • Healthcare surcharge: for each adult £3,105 for 2 years 9 months (the outside-UK grant) or £2,587.50 for 2 years 6 months (the inside-UK grant), and £5,175 for 5 years.
  • Optional super priority service from the UK: an extra £1,000.

Put together, a person applying from outside the UK for the standard 2 years 9 months pays £2,064 + £3,105 = £5,169; an applicant inside the UK for 2 years 6 months pays £1,407 + £2,587.50 = £3,994.50. A refusal does not return the application fee in the pages read for this guide. The healthcare surcharge, on the other hand, is returned: the IHS page lists "your visa application is refused" among the cases that get a full refund. GOV.UK says the refund usually arrives within 6 weeks of the decision, and longer if you appeal.

Decision times are usually 12 weeks for applications outside the UK and 8 weeks inside the UK if the financial and English requirements are met.

If you cannot afford the fee, GOV.UK mentions a fee waiver in certain situations, for example where you cannot afford a place to live or your essential living costs.

What an earlier refusal does to the next application

A plain refusal because a document was missing or income fell short does not bar a later application, but a refusal on certain grounds is different, and Part Suitability sets the consequences.

  • Deception. Under SUI 9.1 an application "must be refused" where the decision maker is satisfied the applicant used deception by making false representations or providing false documents or information, or by not disclosing relevant facts. For entry clearance, SUI 12.1(f) applies a 10-year period from the refusal.
  • False representations. Under SUI 10.1 an application "may be refused" where the applicant or a third party made false representations or provided false documents, "whether or not to the applicant's knowledge", or did not disclose relevant facts.
  • Previous breach of immigration law. Overstaying, breaching conditions, being an illegal entrant and similar conduct (SUI 11.4) can lead to a mandatory refusal if the new application is made inside the re-entry periods in SUI 12.1: 12 months where someone left voluntarily at their own expense, 2 or 5 years where they left at public expense, 10 years if they were removed at public expense.

The practical point is that a letter that cites SUI 9, 10 or 11 is a different kind of refusal from one that cites an income shortfall. If the letter cites any of them, the question of how to deal with it in later applications is one for a regulated adviser.

When people use a regulated adviser

Family refusals are the point where many couples bring in help, for three reasons: the right of appeal turns on whether the refusal was a refusal of a human rights claim, the deadline is 14 or 28 days, and the evidence rules in Appendix FM-SE are technical. A typical first step is a review of the refusal letter and the application, followed by a written client care letter setting out the work and the fee. Representation at a tribunal needs a Level 3 IAA adviser, a solicitor or a barrister; our guide on who can represent you explains.

The Migratio directory lists IAA-registered advisers (with their level) and SRA-regulated solicitors, each with their regulator and registration number. Migratio is not regulated by the IAA or the SRA and does not give immigration advice. This page explains how the rules work; it does not tell you what to do in your case.

Questions people ask

Can I appeal a refused UK spouse visa?

Only if the refusal is a refusal of a human rights claim, which gives a right of appeal under section 82(1)(b) of the 2002 Act. Your decision letter should say whether you have one. If it says nothing about appeal, the options are a new application or, if the decision was unlawful, judicial review.

Can I ask for an administrative review of a spouse visa refusal?

The routes listed in Appendix Administrative Review (AR 1.1) do not include Appendix FM, so partner and family refusals are not on the list. Check the decision letter, because a review request on an ineligible route can be rejected as invalid.

How long do I have to appeal a spouse visa refusal?

14 days if you are in the UK and 28 days if you are outside it, where the refusal carries a right of appeal. If the letter says you must leave the UK first, it is 28 days from the date you left. The fee is £82 without a hearing or £144 with one.

Can I reapply after a spouse visa refusal?

Yes. A new application is a full new application with the full fee, currently £2,064 outside the UK or £1,407 inside the UK, plus the healthcare surcharge. If the refusal was for deception, Part Suitability says a later application must be refused and sets a 10-year period for entry clearance.

What income do I need for a UK spouse visa?

GOV.UK says combined income of at least £29,000 a year for a first application as a partner. £18,600 applies if you first applied before 11 April 2024 and are extending with the same partner. Benefits and savings can count in some cases; Appendix FM-SE sets the evidence.

Do I get my healthcare surcharge back if my spouse visa is refused?

Yes. GOV.UK says you get a full refund of the Immigration Health Surcharge if the application is refused, usually within 6 weeks of the decision. The application fee is a separate payment, and the pages read do not offer a refund of it.

Sources

Last checked 2026-10-09.

Related guides

  • UK visa refused: appeal, administrative review or reapply? — Your refusal letter says whether you can ask for an administrative review (£80; 14 days in the UK, 28 days outside, 7 if detained) or appeal to the First-tier Tribunal (£82 or £144; 14 or 28 days). Appeals are only for refused protection or human rights claims and a few other decision types. Making a new application withdraws a pending administrative review.
  • Administrative review of a UK visa refusal — Administrative review is a Home Office check of whether a refusal was caused by a caseworking error. It costs £80 and must be requested online within 14 days if you were in the UK, 28 days if you applied from outside, or 7 days if detained. It only covers routes listed in Appendix AR, usually ignores new evidence, and GOV.UK says results can take 12 months or more.
  • Immigration appeal to the First-tier Tribunal — You can only appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the decision carries a right of appeal, mainly a refused protection claim, a refused human rights claim, or a revoked protection status. The fee is £82 without a hearing or £144 with one, and the notice of appeal must reach the tribunal within 14 days if you are in the UK or 28 days if you are outside it.
  • Section 3C leave: your status while a decision is pending — If you apply to extend or change your UK leave before it expires, section 3C of the Immigration Act 1971 extends that leave on the same conditions until the application is decided, and while an appeal or administrative review is possible or pending. It does not apply to late or invalid applications, and it ends if you leave the UK.
  • UK spouse visa cost in 2026: the application fee, the health surcharge and what else you pay — A partner or spouse visa costs £2,064 if you apply from outside the UK and £1,407 if you apply from inside it, plus the immigration health surcharge (£3,105 for the first 2 years 9 months from outside the UK, £2,587.50 for an extension). Settlement (ILR) is a separate £3,226. These are the 8 October 2026 fees and are per person.
  • Spouse visa financial requirement: how the £29,000 minimum income works — For a first partner application, the Immigration Rules require specified gross income of at least £29,000 a year, or cash savings of £16,000 plus 2.5 times any shortfall. A lower £18,600 figure applies only to people who first applied before 11 April 2024 and are extending with the same partner. Loans, benefits such as Universal Credit and property equity do not count.
  • Overstayed your UK visa: what the rules say — Overstaying means staying after your permission has ended. Under Part Suitability a short gap can be disregarded in limited cases (an application within 14 days with a good reason beyond your control, or after an in-time application was refused or rejected). Overstayers have no right to work, rent or claim benefits, and leaving can trigger re-entry bans of 12 months to 10 years.