Visa refusal can be daunting for you. There could be any valid reason for it. For example, you did not submit required documents, the information you provided did not satisfy the Home Office, etc. Hence, it is always in your interest to apply for a UK visa through an expert UK immigration lawyer or agency.
If you apply for a UK visa, you will be sent an email or a letter by the Home Office about their decision on your visa application in a few weeks or months, depending on the visa type. In this letter, you will be informed whether or not your visa application has been approved. If your application has been refused, the letter will convey this decision in detail. The letter will also tell you whether or not you have the option to challenge the Home Office's decision.
The first thing to do is carefully read the refusal letter sent to you by the UK Visas and Immigration (UKVI). This refusal letter will explain the reasons for the refusal of your visa and whether you have the right to appeal, request an administrative review, or reapply. You will also be told the deadline for taking action.
Common refusal reasons include:
Not all visa refusals give the right to appeal to the applicant. However, some visa categories, especially those based on human rights or family life, allow you to appeal the decision to the First-tier Immigration Tribunal.
Appeal rights are generally available for:
For other types of visas, such as UK visit visas or work visas, you may instead be allowed to request a Judicial review.
During an appeal, you or your legal representative can present your case, submit more evidence, and even attend a hearing. You must lodge an appeal within 14 days from within the UK and 28 days from outside the UK.
Once you decide to lodge an appeal, you should know the steps involved in it. This will prepare you to go through the process mindfully. If you are unsure of appealing yourself, you can take the help of an immigration lawyer to represent your case.
You need to follow the below steps to make an appeal:
You need to use Form IAFT-1 (paper-based) or the online appeal form. You need to submit it to the First-tier Tribunal (Immigration and Asylum Chamber). You must submit your appeal within 14 days if you're in the UK and 28 days if you're outside the UK.
Missing the deadline may lead to the appeal being rejected unless you have a strong reason for the delay.
You need to pay a fee to lodge an appeal. This is typically £80 without a hearing and £140 with an oral hearing. You can apply for a fee waiver if you are eligible for it. For example, you're unable to afford the cost, and the appeal concerns human rights.
This is a crucial step where you need to explain why you believe the refusal decision is incorrect. You need to present legal arguments showing how your rights were breached and mention any errors in assessing documents or misunderstandings of facts.
It’s recommended to consult an immigration adviser or solicitor to draft a strong legal basis for the appeal.
You can submit new or additional evidence that supports your appeal. These may include:
If documents are not in English or Welsh, you must ensure all evidence is translated into English or Welsh and well organized.
You can choose either oral or paper-based hearing. In an oral hearing, you or your representative attend and speak, and in a paper-based hearing, the judge decides without you present. If you choose an oral hearing, you’ll be given a date to attend the tribunal. During the hearing:
If it’s a paper hearing, the judge will review the appeal documents and make a decision without an oral session.
The tribunal judge will review all submissions made by you or your representative and issue a decision in writing. This can take a few weeks, depending on the complexity of the case.
You may get one of the three possible outcomes:
You can appeal only if you have been given the right to it. Even though you are given the right to appeal, you need to know that appeal is a challenging task. You should consider whether the appeal is the right choice for you. You can assess your decision based on some considerations.
Hence, before you lodge an appeal, it’s important to consider the following:
Not every refusal should be appealed. You should carefully review your UK visa refusal reasons and evaluate if an appeal is the best option. You must have strong grounds and evidence to challenge it if you think of appealing.
Appeals are a time-consuming process. It can take months and involve legal fees, document translation costs, and other expenses. Before making a decision, you must ensure you’re prepared for the financial and emotional commitment.
You should also consider other options available. Sometimes it’s better to
UK immigration law matters can be complex. Hence, you should try getting help from an accredited immigration adviser or solicitor. It will ensure that your appeal is professionally handled, and the chances of your appeal going in your favor also go up.
When you go through the refusal letter, you will get an idea whether or not you need to submit new documents. You must ensure you have compelling new documentation and evidence to address the Home Office’s concerns and errors in the refusal.
A UK visa refusal isn’t necessarily the end of your immigration journey. You need to understand the appeal process, your rights, the complexities involved, and the steps to follow. This helps you make an informed decision about how to proceed. Whether you appeal, reapply, or seek alternative options, the key is to be prepared, proactive, and persistent.
If you’re unsure of your next step, consider speaking with an immigration agency like Visa and Migration to guide you through the best route forward. We can recommend you best barrister to take your case to the court and help you in representing your case in the best possible manner.
To get advice on your refusal, please forward the refusal letter to info@visaandmigration.com or you can call us at +44 (0)20 3411 1261.
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