If the applicant feels that the refusal is some kind of breach of their human rights, he or she would be entitled to appeal against that decision in court. Conversely, should the applicant find himself or herself in a situation where that decision was thought to be made unlawfully, there may be a strong inclination toward claiming some form of judicial review.

Unmarried Partner Visa UK Appeal Process

An appeal is the legal process by which the applicant disputes what he contends is a wrongful visa refusal. An appeal can be quite lengthy, sometimes taking up to one year, due to various factors. However, it can all be said the same procedures apply for refusal appeals and there are distinct steps an applicant must follow in order to get their appeal heard in court.

How Long Will A UK Unmarried Partner Visa Appeal Take?

The time taken is variable depending on circumstances. A unique exception applies to appeals that are usually sent before the First-tier tribunal. This department, however, is currently facing a backlog from the recent rise in cases, very much due to the long-term residual effect of the COVID-19 pandemic. Most appeals would, however, be disposed of within 12 months from the submission date.

Submitting a Visa Refusal Appeal Application

Should an applicant wish to continue with an appeal, first, an appeal form is required to be completed and sent. Completion ought to take place within 14 or 28 days of receiving the refusal decision. Of these days, 14 refers to people living in the UK wishing to switch to an Unmarried Partner/Spouse visa from another visa, while 28 means those making applications from overseas facing refusals. It should also be kept in mind that once the application has been filed, additional information and new evidence can also be brought forward for consideration.

Appearance for Hearing

While filing the appeal, it is now for the applicant to choose whether their case should be treated in terms of the information they have entered on the form or go for a verbal hearing. If they decide on a verbal hearing, the applicant will receive notification of the hearing date and will attend in person or via telephone or video call. Applicants can have representatives to present their case in court.

Fees Payable to the Home Office

Applicants are required to pay a fee to initiate an appeal against a refusal decision. The fees stand at £80 for paper applications and £140 for those desiring a hearing.

The Outcome of the Appeal

The appeal will be held before a judge, and he will make the formal decision on the case. The judge will scrutinize all the facts and evidence intensively before reaching a decision. Should the applicant's appeal indeed succeed, the Home Office would, in such circumstances, have to reconsider the unmarried partner visa UK application, almost certainly to grant the Unmarried Partner/Spouse visa. However, if the appeal fails, the spouse visa UK applicant may have the right to take up his or her refusal case to the Upper Tribunal.