Visa refusals can be a nightmare, especially if it matters a lot to you. Usually, visa refusal happens for valid reasons such as missing documents, incorrectly filled out application, inability to prove your eligibility, etc. You must ensure you have covered all aspects of your visa application, such as meeting eligibility requirements, submitting correct documents, paying the visa fee (unless you applied and received a fee waiver), proving your identity, and replying if the UKVI requires more information or evidence. However, many applicants make mistakes in one or more sections of their visa application, which results in their visa being refused. On the other hand, the caseworker may also make a mistake sometimes when assessing your application.
You may (it is at the Home Office’s discretion) or must (it is mandatory for the Home Office) be refused by the Home Office under part 9 – Grounds for refusal. For example, if you have been convicted of a crime for which you have been given a custodial sentence of 12 months or more, your visa must be refused, but if the custodial sentence is less than 12 months, your visa may be refused by the Home Office.
No matter what is the reason for your visa refusal, you need to know your options after it happens. Can you challenge a visa refusal? If yes, how? There are 3 ways to challenge the Home Office’s visa refusal decision. First is an appeal, the second is an administrative review, and the third option is reconsideration request.
Appeal is a formal process to challenge the Home Office’s decision to refuse your visa application. UK Visa Appeal is made to an independent first-tier tribunal where a qualified judge decides on your appeal application after hearing both sides. Please note that you can appeal a visa refusal only when you have been given the right to it by the Home Office. You will get this information whether you have the right to appeal in your refusal letter or email.
You can appeal if the Home Office has decided to:
• Refuse your ‘asylum claim’ or ‘humanitarian protection claim’.
• Revoke your protection status.
• Refuse your human rights claim.
• Refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016.
• Refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme.
• Refuse or revoke your travel permit or family permit under the EUSS (EU Settlement Scheme) or restrict your rights to enter or leave the UK under those permits.
• Refuse or revoke your leave, or deport you if you’re an S2 healthcare visitor.
• Refuse or revoke your permit, or deport you if you’re a frontier worker.
• Revoke your British citizenship.
You have the option to submit your appeal online, by email, or by post. However, online appeals are quicker than email or postal appeals. You can submit your appeal yourself or through a representative. If you are in the UK, you must submit your appeal within 14 days from the date of receiving the refusal letter, and you have 28 days from the date of receiving the refusal letter to submit your appeal if you are outside the UK.
You can appeal later if your administrative review for a EUSS, frontier worker or S2 healthcare visitor application was unsuccessful. You will be told how to appeal in your administrative review decision.
The judge from the first-tier tribunal may not always allow all the appeals. However, let us assume it allows your appeal, this does not necessarily mean that the judge will decide in your favour, where it may ask the UKVI to reconsider its findings. While reconsidering its decision, UKVI may again refuse your application, but for entirely different reasons.
You can appeal with a hearing or without a hearing. The judge will decide whether to allow for a hearing even if you applied for an oral hearing. You will be given a date at which you or your representative will appear at the tribunal, or you may also attend the hearing remotely through video calling. The judge will listen to both sides, will look into new evidence submitted by you, and then it will deliver its verdict.
Please note that even if the tribunal finds your decision to appeal is eligible, it can take several months for the tribunal to make a decision.
If your appeal is dismissed by the tribunal, you may be able to appeal to an Upper Tribunal, provided you have the permission to do so. You may be allowed to appeal to an upper tribunal only if there appears to have been a legal error. This means that the tribunal must not have used the correct law, have got the law wrong, have failed to follow the correct legal process, or have had no evidence to support its decision.
You may be able to apply to the Upper Tribunal or the Administrative Courts for a judicial review to challenge whether the decision to refuse your visa was lawful or other conduct by a public body in deciding your application. Public body includes the Home Office and the First Tier Tribunal. However, these cases are usually rare, and you should only go for a judicial review if you are challenging your visa refusal decision on the grounds that it is illegal, unlawful, unreasonable, or irrational rather than simply wrong.
Administrative review is also a formal process to challenge the Home Office’s decision to refuse your visa application. Similar to an appeal, you can request an administrative review only if you have been given the right to it, which you will be informed of in the decision letter or email sent by the Home Office.
However, this is a process that is conducted internally by the Home Office, unlike an appeal where an independent tribunal, judge hears your case. The Home Office may review whether the caseworker made the right decision. As a result, the Home Office may either approve your visa or refuse again for the same reason or for a different reason. In most cases, you cannot submit new evidence to support your application. It is also not possible to request a second review. However, if your visa is refused for a different reason, you may again seek an administrative review.
Apply online for an administrative review. You can apply for it from inside the UK, outside the UK, or if your visa was cancelled at the border. You can apply online. An administrative review application costs £80. You must apply within 14 days of receiving your decision if you are in the UK and within 28 days of receiving your decision if you are outside the UK. You must apply within 7 days if you were detained on the day you got your decision.
Please note that the right to administrative review is not always available. For example, you cannot seek administrative review to challenge a visitor visa or British citizenship refusal decision.
In an administrative review, a new team will consider whether an eligible decision is wrong due to a case-working error, and if so, it may correct that error. However, there may be other possible outcomes as well. This means the relevant team may simply be asked to relook its decision, or the refusal decision will remain, but for different or additional reasons.
If you have applied for a review from inside or outside the UK, the Home Office may take 12 months or more to give its decision. If it does not give a decision within 6 months, it will contact you with an update.
If your visa was cancelled at the border, you should get a decision within 28 days.
To make this request, you must believe that the caseworker did not follow the immigration rules or policies correctly, and the caseworker decided to refuse based on a mistake or misunderstanding of the facts. You must also be in the UK to make a reconsideration request and have evidence that the information received by the Home Office was not previously available to the caseworker who made the decision, or, for example, new evidence to prove that your documents were authentic.
Reconsideration is available for only limited types of visa refusals, where you can demonstrate to the Home Office that their decision to refuse your visa application was made due to incorrect information being considered or evidence being overlooked.
You should read your visa refusal letter carefully. Applicants usually get the information whether they can make a reconsideration request in their refusal letter. If you are in doubt, you should consult legal advice or contact the VAC (visa application centre) where you submitted your application.
Reading the refusal letter carefully will help you understand the reasons given for the visa rejection. Identify any points that you believe are based on misunderstanding or errors.
You should request a reconsideration of your application through a concise and clear letter. In the letter, you should include your personal details, including your full passport number, name, date of birth, and any other details used in your original application.
Clearly mention the reasons why you believe the UKVI should reconsider its decision. Refer to the specific points stated in the visa refusal letter and counter the reasons for refusal by providing evidence.
Send your letter to the address or contact point given in the refusal letter. Applicants usually need to send it to the visa application centre or directly to UKVI. You must include copies of all supporting documents, such as additional evidence that was misinterpreted or not considered in the initial review.
After submitting your reconsideration request, you should follow up periodically. You need to keep track of all communications from the Home Office and be prepared to provide additional information if they request.
If reconsideration is neither available nor an appropriate choice, you may need to consider other options, such as making a new application addressing the initial reasons for refusal or, if applicable, appealing to a tribunal.
Challenging a visa refusal decision is a possible but complex and lengthy process. We first carefully understand the reasons for refusal and then advise you whether you should appeal or request administrative review, depending on which option you have been given. Looking at the strength of your application, we advise whether you should reapply under the same route, addressing and resolving the initial grounds for refusal, or make a new application under a different visa route.
If we decide to appeal, we will appeal the visa refusal as your representative. We ensure your request to appeal is accepted by the tribunal. We suggest that you give new evidence that you have, handle your hearing at the tribunal, make strong arguments on your behalf, and ensure the decision of the tribunal is in our favour.
Similarly we help you through the administrative review and reconsideration request process.
For more help, if your visa has been refused, you can call us at +44 (0)20 3411 1261.
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