Should You Appeal or Re-Apply After a UK Visa Refusal?

Appeal or re-apply after a UK visa refusal decision

Nobody wants a visa refusal. But for various reasons, a refusals outcome is handed to numerous applicants every year inside and outside the UK. The reasons can be that the applicant has not submitted all required documents, not submitting correct documents, submitting false documents, oversight of application form or documents by ECO etc. So, what are the options available to applicants when their visa application is refused?

Well, each applicant has three choices generally in such a situation.

  1. They can reapply with a new application; or
  2. They can go for an appeal against the visa refusal; or
  3. If there is no right of appeal granted the decision can be Judicially Reviewed

Whether one chooses to reapply or appeal, both are time-consuming and take money from your pocket. So, how would you choose and which one is a better option?

Re-apply

Re-applying is an easier choice. You can make a fresh application addressing the grounds of refusal with the submission of new evidence and fee. There is no time limit for making a fresh application. So, you can reapply any time after your UK visa refusal. One must understand the requirements for the particular UK Visa Application correctly and thus they must submit a well-prepared application which can satisfy the Immigration Officer otherwise there is no point in submitting a new application with the same documents. This will clearly be a waste of time and money.

But if your visa application was refused on grounds such as insufficient evidence, absence of proof then you should reapply. However, if you know that you submitted the required documents such as bank documents as evidence or proof and there is a possibility of mistake or oversight from the Immigration Officer, you can approach the Home Office and request for a reconsideration of your visa application.

Appeal

Not all visa refusal decisions can be appealed; however, there are situations in which appeal is inevitable. Visa appeals are mostly available to applicants who are related to, married to, or dependent on British citizens. You can appeal to the tribunal only when you have the legal right to do so. The applicant is generally informed about their right to appeal in the decision letter. If they have been refused point based Tier 1, 2, 4 or 5 visa categories, the applicant will not have the right to appeal but they may be able to ask for administrative review and they are informed about the same in the decision letter as well. If the right to appeal is given to the applicant then they must appeal within 28 days (Outside UK) or 14 days (inside the UK) after getting the refusal decision letter. If for some reason you fail to appeal within the deadline and appeal afterwards then you must explain it to the tribunal why you could not appeal within the time allowed. Now, the tribunal will decide whether to admit your appeal or not.

After you filed an appeal form along with supporting documents, it takes several weeks depending upon various factors to get the final decision.

So, whether to go for a re-apply of appeal is a decision that is not easy to make. If you simply don’t have the right to appeal then you can think of re-applying but even if you have the right to appeal you cannot afford to make a mistake in the process because it costs time and money. So, you are advised to take legal assistance from experts about this.

If your application has been refused, please send Visa and Migration ltd a copy of your refusal letter and your contact details to info@visaandmigration.com and one of our immigration lawyers will be in touch with you.

Leave a Reply

Your email address will not be published. Required fields are marked *