Visa refusal is sad but unfortunately true. Hundreds of visa applications are rejected in the UK every year for various reasons. Applicants should avoid the common reasons for refusal in the first place. Common reasons include wrong filling of the visa form, not following the format appropriately, not submitting required documents, hiding information and so on. If you have taken care of these common issues on your own or through expert’s services you have minimized the chances of visa refusal. However, visa refusal happens on other grounds as well.
If you feel that you deserve a successful decision on your visa and your visa application has been refused you need to know the options you have in such a situation. You can accept the decision, you can apply a fresh application and you can go for administrative review or appeal.
In your letter of refusal by Home Office, you are told if you are eligible for administrative review or not. If you are, you can go for it. Depending upon whether you are in the UK or outside the UK, different conditions need to be met in order to ask for administrative review.
Administrative review means you are seeking a review of your visa application conducted by a different home official. You can go for administrative review only if you feel that the Home Office has made an error in decision making while refusing your visa despite the submission of all the correct documents. Administrative review does not allow you submission of any new document or evidence.
Review when you are outside the UK
You can seek administrative review provided following conditions apply:
- You are outside the UK.
- You have applied outside the UK.
- Your visa application refusal date is 6th April 2015 or later.
- You have not been granted the right to appeal in your letter of refusal.
- You did not apply as a visitor or a short term student.
Those seeking administrative review from outside the UK must apply for it within 28 days of getting the refusal decision.
Review when you are in the UK
If you are in the UK you can seek administrative review if your visa has been refused or your application has been granted but you are not satisfied with the period of leave to remain or conditions of your leave.
If you are seeking a review when you are in the UK, you must do it within 14 days of getting the decision. If you have been detained you must apply within 7 days.
How to apply?
You can apply online in both cases. You need to pay £80 as a fee for it if you apply in the UK. It costs you nothing if you apply from outside the UK.
In a situation where you got the visa decision in your favor but you are unhappy with the period of leave to remain or conditions of your leave, you must email the Home Office for it. You must do it within 14 days of getting your biometric residence permit.
A decision on administrative review
No matter you apply from outside the UK or in the UK, you should expect a decision on your review within 28 days. But if it is going to take more than 28 days, you will be notified about the same in writing.