Further Submissions in Asylum and Human Rights Cases

If an applicant is refused an asylum or humanitarian protection claim under the Refugee Convention or Article 3 of ECHR or refusal of a UK Human Rights application, the applicants can make further submissions.
In protection claims such further submissions/fresh claim should be made in person by booking an appointment with the further submission unit – Liverpool – Home Office (Tel – 01512132411), however, if the person is unable to travel to Liverpool, permission must be obtained from a senior Home Office casework to submit further submissions by post. Children under 18 can make further submissions by post.
If a person is detained, further submissions can be made to the home office at the detention centre enforcement staff or the National Removal Command by email or fax.
If a person is serving a custodial sentence due to a criminal case, further
submissions should be submitted to the Criminal Casework section by post or fax.
In Human Rights cases further submissions can be submitted by way of applying unless paragraph 276 A0 or GEN1.9 of Appendix FM.
Further submissions can also be submitted in response to Section 120 of the NIAA 2002, without making an application. These are considered similar and are submitted without making a paid application.
All further submissions are subject to scrutiny under paragraph 353 of the
Immigration Rules, which provides powers to the Home Office to refuse further submissions if they are a repeat claim or material which has been previously considered.
Generally, the best way to raise further submissions is not to mention the grounds submitted to the Home Office previously, as the grounds submitted previously will always be considered by the Home Office. The further submissions must be significantly different to be a fresh claim. If the submissions are not a fresh claim these will be simply rejected.
If a claim is not a fresh claim these will be certified as unfounded claims under section 94 of the 2002 Act and there will be no right of appeal granted. If you are looking for UK Immigration Advice and making further submissions contact Visa and Migration on +44 (0)2034111261

Registration as a British citizen guidance

Naturalization is one way of becoming a British citizen. However, this route is for adults only. Registration is another route to become a British Citizen. This is especially for children who can apply based on the citizenship status of their parents. They need to register for British citizenship who can’t become one automatically.

Registration as a British citizen is the most common route for the children below the age of 18 to become a British citizen. This route is less stringent than naturalization as there are fewer requirements to be met as compared to requirements while applying for naturalization. The registration process is also not required for each child because some children who are born in the UK can become a British citizen automatically depending upon the status of their parents at the time of their birth. British Nationality Act of 1981 clearly defines the right to British Citizenship as a child.

There are two sections in this act namely Section 1 and Section 3 which are important for a child’s right to British citizenship. Section 1 of the British Nationality Act 1981 applies to the children born in the UK and Section 3 of the act applies to the children born outside the UK.

Who can register as a British citizen?

It is important to know before registering a child as a British citizen that whether that child is already a British citizen or not. Because a minor may already be a British citizen and so there is no point in registering such a child. So, the registration is required only for those children who don’t have an automatic right to British citizenship.

You can apply for registration either by a way of entitlement or on a discretionary basis. Here are the specific eligibility requirements to be entitled to register as a British citizen. If you meet any of these conditions you can apply for the registration. These conditions will be assessed by the Home office.

  1. You were born in the UK on or after 1 January 1983 and you were not automatically a British citizen by birth:

(a) You can apply for the registration if both or one of your parents became British citizen or got settled status in the UK before you turned 18; or

(b) You can also apply if both or either of your parents became a member of the armed forces on or after 13th January 2010 before you turned 18; or

(c) You must not have been outside the UK for more than 90 days in each of the first 10 years of your life and you applied for the registration when you were above 10; or

2. You were born in the UK before 1 July 2006 and your parents were not married when you were born, you could be a British citizen had your parents be married at the time of your birth but you never became a British citizen; or
3. You were born outside the UK on or after 1st January 1983 and at the time of your birth, either of your parents was a British Citizen by descent.

(a) The father or the mother of your parent who was a British citizen by descent at the time of your birth was a British citizen otherwise than by descent. Your British Citizen parent had been in the UK for a minimum of 3 consecutive years before your birth and during that 3 years he/she did not spend more than 270 days outside the UK; or

(b) You and your parents were in the UK for at least 3 years before the date you apply for your registration and during these 3 years time neither you nor your parents or spent more than 270 days outside the UK. Also, both your parents gave consent to the registration; or

  1. You are a British Overseas Territory citizen, a British National (Overseas), a British Overseas citizen, a British subject or a British protected person.

(a) You were in the UK 5 years before the date you apply and during this period you did not spend more than 450 days outside the UK and in the last 1 year before the application, you did not spend more than 90 days outside the UK, or

(b) The secretary of state is satisfied that you don’t have any other nationality and you have not voluntarily lost you’re any other nationality after 4 July 2002; or

(c) State secretary is satisfied that you are a British National (Overseas) only after 19 March 2009; or

  1. You were born outside the UK on or after 13 January 2010 and you are under 18 at the time of application. At the time of your birth, either of your parents was a member of the armed forces posted outside the UK and they give consent to the registration

You can also apply for the registration based on entitlement if you renounced your British citizenship in the past and it was necessary for you to attain or retain citizenship of other nationality.

Apart from entitlement, you are also eligible to apply for the registration based on “discretion”. You can apply for the registration on a discretionary basis before you turn 18.

“Good Character” is an essential requirement for those who apply at the age of 10 or above.

How to apply?

Any individual above the age of 18 can apply for the registration as a British citizen on their while for children below 18 the form can be filled by their parent or guardian.

Application fee

If you are below 18 the application fee to be paid is £1,012 and £1,206 for those who are aged 18 and above.

How long does it take to get a decision?

Generally, you receive a decision within 6 months but in some circumstances, it may take longer also.

Visa and Migration Ltd is a private law firm and we provide specialist Immigration advice. If you are looking for representation, please contact us on 02034111261. You can also follow us on social media

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Impact of Coronavirus (COVID-19) on UK immigration

The world is going through a global pandemic called “Coronavirus (COVID -19)”. In such times when the virus has made inroads in more than 150 countries including some of the countries that are worst hit like China, the USA, Italy, Spain, and the UK and has already infected millions and caused thousands of deaths, there are concerns about immigration-related issues as well. What will be the impact of the Coronavirus on UK immigration is a question in many people’s minds. The UK has also imposed travel bans to and from several countries. Within the country, Coronavirus is impacting almost every aspect of society including immigration. So, nothing can be said as conclusive as to what is going to be the impact of coronavirus on UK immigration because it is an evolving situation. So, let us see some of the crucial immigration facts that have emerged so far related to UK immigration in the Corona Virus time.

What if my visa is expiring?

Coronavirus had started from the city of Wuhan in China. So, earlier in February 2020, the decision was taken for Chinese citizens whose visa was expiring and they had to leave the UK. They could not leave the UK because of travel restrictions to and from the as a containment process of the virus outbreak.

Now as the situation worsened in the UK and across the globe there is travel restrictions for several other country’s nationals and self-isolation advisory in place for the infected ones as well.

On March 24 the decision has been taken that all those whose visa expires between 24th January 2020 and 31st March 2020, their visa will be extended to 31st May 2020.

If you are one of those you need to contact the CIT (Coronavirus Immigration Team) and update them about your record. You need to provide the followings:

– Your full name

– Your Date of Birth

– Your Nationality

– Your previous visa reference number

– The reason for you not being able to go to your country. For example, your country has banned all the arrivals from the UK.

Impact on switching visa

If you were looking to apply from within the UK to switch to another visa to stay for the long term in the UK then you can apply now up to 31st May 2020. For example, switching from Tier 4 (Student visa) to Tier 2 General worker visa. You must note here that the “long term” here does not mean you can apply for the ILR. Apart from the extension of the time allowed to apply all other visa requirements, mode of application and application fee remain the same.

Impact on sponsoring foreign workers norm

In hard times like these when almost all international travels are banned, there is a change in absence rule as well. This applies to the sponsoring organizations to foreign students and workers. This means for the period sponsoring organisations sponsoring students and foreign workers don’t need to report the absence of the students and workers that have happened because of the Coronavirus.

Sponsorship of affected students who have not been able to attend classes for more than 60 days will not be withdrawn. Students under the Tier 4 visa category can now opt for distance learning.

Affected employees who have exceeded 4 weeks of absence without pay will also be given relief as their sponsorship will also not be withdrawn. Companies, where Tier 2 and Tier 5 workers have been asked to work from home, don’t need to report it to the Home Office provided this provision was made because of the Coronavirus outbreak only.

There will be no charge made for NHS treatment for the “Wuhan novel coronavirus” irrespective of the immigration status of the patient.

Other useful information critical in these times related to immigration are the following:
  • Because of shutdown in the UK, all visa application centres within the UK remain closed as of 31st May.
  • There has been Coronavirus helpline set up also. The email id is CIH@homeoffice.gov.uk and the telephone number is 08006781767. Please note that you can call or write an email on the phone number and email id mentioned here only if you have a query related to immigration provisions related to Coronavirus problem.
  • All the Immigration tribunal hearings will be done remotely from 25th March 2020 onward via video conferencing and phone hearings. There will be no face to face hearings.

Visa and Migration Ltd is at work in these times to help you

Though the Coronavirus pandemic has led to the shutdown of offices in the UK as well we continue to work from home and thus we are available to your service especially for critical information and services. You can contact us through phone, email and social media platforms to seek whatever required related to immigration issues. The situation is still evolving and hopefully will get over soon. But we continue to be at your service.

The information has been gathered from the www.gov.uk website.

How to apply for a UK marriage visa

UK marriage or spouse visa allows a person to live in the UK with his or her spouse who is present and settled in the UK – (ILR Holder or British Citizen). UK marriage visa is a part of the “UK Family visa” category. Since 9 July 2012, you are required to meet the financial requirement to get your partner to the UK. Your partner can also bring children (if any) for the whole they have sole custody or sole responsibility with you to the UK as a dependent child.

Eligibility

There are eligibility conditions that you and/or your married partner need to meet to meet the requirements for making the UK Marriage Visa application. They are the following:

  • You and your partner both need to be 18 or above.
  • Your partner must be a British citizen or should hold Indefinite Leave to Remain in the UK.
  • You must be legally married to each other and marriage should be recognized in the UK or you should be in a civil partnership with each other.
  • You must intend to live together permanently.
  • You must be able to support yourself and dependents (if any) financially on your own or be supported by your partner without seeking public funds.
  • Your sponsoring partner must earn a minimum of £18,600 per year or should have minimum savings of £16,000 to sponsor you. The minimum earning required goes up to £ 22,400 if there is a dependent child. Subsequently, for each child, an extra income of £2,400 per year is required.
  • There must be adequate accommodation for you, your partner and any dependents.
  • You need to have a good knowledge of the English language.

If you meet the above conditions you are eligible to make a UK marriage visa application to join your partner in the UK.

How to apply for a marriage visa UK

You can apply from outside the UK.

You can also apply from inside the UK if you have a leave to remain in the UK for more than 6 months.

If you are in the UK on any other visa that allows you to live in the UK for not more than 6 months then you cannot switch to a UK marriage visa. You need to leave the UK and make a fresh application for the same.

You need to submit all the documents and pieces of evidence required also as part of your application. Your partner in the UK can also apply on your behalf.

You can also bring in your dependent children. You need to add them to your application as dependents.

You need to pay the application fee as well. The fee amount is £1,523 if you apply from outside the UK and £1,033 if applying from inside the UK and Immigration Health Surcharge of £400 per year which will be increased to £624 in October 2020.

If you are granted the visa you can enter the UK and you must collect a biometric residence permit within 10 days of your arrival, which will be given for 2.5 years.

If your visa is rejected you can appeal against the decision provided you are granted the right to appeal in your refusal letter.

How long can you stay?

Initially, you will be allowed to live for 2.5 years in the UK after which you need to apply for an extension if you want to continue living with your partner in the UK. Once you have completed 60 months you can apply for Indefinite Leave to Remain in the UK.

Expert services from Visa and migration

You must seek an expert’s service to make the correct application to avoid refusal. We have been providing immigration services to our clients for several years. You can get our services at all levels right from what to fill, how to fill, what documents to attach, where to send and so on. We make sure your visa application is successful and if your visa gets refused we also help you make a fresh application, make and appeal where many things can go wrong and cost you heavily if you do it on your own. Speak with our experts now, call at +44 (0)20 3411 1261

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A guide about UK fiancé visa cost and fee

UK fiance visa or UK prospective marriage visa is an entry route to the UK. This is a part of the “Family visa” category. With this visa, you are allowed to come to the UK if your fiance is a British Citizen or has settled status in the UK. This is a short term visa that allows you to stay in the UK for six months. You must marry your fiance in those six months to live with your partner beyond six months for which you need to apply for a UK spouse visa. Your fiance needs to sponsor you. So, you are the applicant and your fiance is your sponsor. Unlike other partner visas, you and your fiance need not have lived together before applying for the visa. In this blog, we are going to talk about UK Fiance Visa cost and fees and other details.

Eligibility for UK fiancé visa

All applicants need to meet the following conditions to apply for a UK fiancee visa.

  • You are your fiance must be 18 or above.
  • You both must have met each other.
  • You both must intend to get married within six months.
  • You both must intend to live together permanently after marriage.
  • You both need to show that any relationship that you and/or your fiance were involved in before has ended.
  • You must be able to support yourself financially on your own or by your fiance without seeking any public fund.
  • Your fiance must sponsor you. For this, the minimum earning requirement for your British partner is £18,600 per for a minimum of 6 continuous months before you apply. If your partner fails to meet this minimum income figure then he/she must have savings of minimum £62,500 for a continuous period of six months before you make the application to be able to sponsor you. This minimum income figure goes up if you also want to bring children with you as dependents as they also must be sponsored, which is £22400 for 1st child and then additional £2400 for each child.
  • There must be adequate accommodation for you, your fiance and children if any.

UK fiance visa cost and fee

Like any other visa application, you do have to pay a fee for a UK fiance visa also. However, the fee that you have to pay depends upon your situation, the country that you are applying from and the kind of service you avail to get the process completed. So, the standard fee for the visa is £1,523.

If you opt for a premium service to get a quick decision on your visa in 30 working days then you will have to pay an extra fee for that. With standard fees and time, it takes between 8 to 12 weeks to get a decision.

The basic cost or fee for the visa depends upon how you apply. So the fee structure is like this.

  • If you apply to join your partner from outside the UK as a fiance then you have to pay £1,523 and once you are married you will make an application for spouse visa you will pay £1,033 + Immigration Health Surcharge for 2.5 years.
  • If there is dependent/s added to your application then you have to pay again £1,523 for each of them when applying from outside
  • Priority service usually costs £573 for 30 working day decisions

Please note: – the fee may be payable in local currency or USD, exchange rate and bank charges may apply.

Additional costs or fees to be paid

There are other fees to be paid as well. For example, the TB test cost of £110, English Language test cost of £150 and so on.

Our fee for representing application depends on the circumstances of the parties and the applicants. You can call us on +44(0)2034111261 for a free assessment of your case.

How long can you stay?

You can stay for up to six months with a UK fiance visa during which you should marry your fiance in the UK. After you get married you can apply for a UK spouse visa and if you get it successfully you can continue to live in the UK with your partner.

If you want any kind of assistant for your visa application you can contact us. We help you complete the entire process correctly and smoothly so that there is no chance of refusal of your visa application at all.

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Permitted paid engagement visa UK

If you are an expert in your profession and you have been invited to the UK for a job related to your expertise by a UK-based organization then you can apply for a permitted paid engagement visa.

The following are permitted paid engagements according to the Immigration Rules –
  • An academic who is highly qualified within his or her field of expertise may examine students and/or participate in or chair selection panels, if they have been invited by a UK Higher Education Institution or a UK based research or arts organisation as part of that institution or organization’s quality assurance processes.
  • An expert may give lectures in their subject area, if they have been invited by a UK Higher Education Institution; or a UK based research or arts organisation provided this does not amount to filling a teaching position for the host organization.
  • An overseas designated pilot examiner may assess UK based pilots to ensure they meet the national aviation regulatory requirements of other countries, if they have been invited by an approved training organisation based in the UK that is regulated by the UK Civil Aviation Authority for that purpose.
  • A qualified lawyer may provide advocacy for a court or tribunal hearing, arbitration or other forms of dispute resolution for legal proceedings within the UK, if they have been invited by a client.A professional artist, entertainer, musician or sports person may carry out an activity directly relating to their profession, if they have been invited by a creative (arts or entertainment) or sports organisation, agent or broadcaster based in the UK.

 

Eligibility
If you want to be granted permitted paid engagement visa successfully, you must meet some eligibility conditions. These eligibility conditions are the following:
  • You must be 18 or above.
  • You must be invited by a UK-based company or client.
  • You intend to come to the UK to do a specific job for a maximum of a month’s time for your client. You don’t need to be sponsored which is necessary for the jobs under the point-based visa category.
  • You will leave the UK when your visit time ends.
  • You have enough money to support yourself financially without seeking public funds.
  • You have money to pay for your return travel.
  • You should not be in transit to a country outside the UK, Ireland, the Isle of Man and the Channel Islands.

If you meet the above conditions you should get permitted paid engagement visa successfully. However, you also need to submit some documents along with the visa application.

Documents required

Here is a list of documents that all applicants of permitted paid engagement visa need to submit with their application.

  • Current passport and/or other valid travel identification documents
  • A passport size photograph
  • Documents to prove financial, economic and personal circumstances in the country of your nationality/residence;
  • Full details of your travel plan and your place of stay. You are suggested not to make any payment in advance for your accommodation or travel until you are granted your visa successfully
  • An official invitation copy from a UK-based host organization who will pay you for the engagement in the UK
  • Documents to prove a direct correlation between the job for which you have been invited and your professional expertise and qualification, example a letter from your employer.
How long will the decision on your application take?

Generally, you get a decision within 15 days to 3 weeks after you apply. You can also get a quicker decision by paying more as a fee.

Get help from Visa and Migration Ltd

Visa and Migration Ltd, specializes in every aspect related to UK immigration. We have huge expertise in offering the best services to all professional experts who want to apply for permitted paid engagement visas to come to the UK for a job. We have helped professionals get visas successfully with Home Office applications.

If you are a professional like a musician, entertainer, researcher, lawyer or any other professional looking to secure a visa you can seek our services. The information is provided from the immigration rules and the home office guidance.

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Evidence Requirement for 10 years long residence

You can apply to settle in the UK based on long residence. This route was previously known as Long Residence concession, which means that – a person who has lived in the UK for 10 continuous years lawfully can apply to settle in the UK.

Settling in the UK means that you get “indefinite leave to remain” in the UK that allows you to stay in the UK without any time restrictions.

Calculating Continuous residence

Continuous residence is the time that you spend in the UK without breaching immigration restrictions, which means that you have not overstayed in the UK and have been present in the UK lawfully.

The main clauses of continuous residence are –
  • You can be out of the UK for up to 180 days at a time and 540 days in total during 10 years;
  • Any period spent in prison, young offender institution, secure hospital, Ireland, the Isle of Man or the Channel Islands cannot be counted while calculating continuous residence;
  • The time period of continuous residence for 10 years starts from
  • living for 10 years of continuous years in the UK. The starting day for the calculation of 10 years qualifying period happens to be either the date when you arrived in the UK with a visa or the date when you were permitted to stay in the UK.
  • The period of pending application or appeal under Section 3C and 3D can be counted as continuous;
  • If you went out of the UK with a valid visa and came back with a visa

Eligibility

First, you need to meet the eligibility conditions to apply to settle based on long residence.

The eligibility conditions are the following:
  1. You must have leave to enter or remain in the UK.
  2. You must have been lived in the UK lawfully for 10 years.
  3. You must have maintained the terms of your visa without breaching any immigration law.
  4. If you are aged 18 to 65 you must pass the Life in the UK test and also prove the English language skills required.
  5. There should be no reason based on public interest for you to be denied the ILR status.

10 years long residence documents required

If you meet the necessary eligibility conditions you can apply to settle in the UK. However, you also need to submit the necessary documents to apply. These documents
that you must submit are the following:

  • Your current passport or other valid travel ids.
  • Two identical passport size color photographs of yours.
  • Your BRP (biometric residence permit), if you hold one.
  • All the passports you held during your stay in the UK.
  • Other supporting documents depending upon your immigration status.

You should provide all the documents in English or Welsh Language. If any document is not in the English language then you need to submit a certified translation of all such documents.

When to apply

You should apply to settle in the UK based on long residence before your current leave to remain in the UK expires. You only need to meet the eligibility conditions to apply for the ILR. You must be in the UK to make your application.

Expert services for ILR based on 10 years residence 

Visa and migration have years of experience in making successful applications for the settlement in the UK on 10 years basis.

We have a successful record of advising our clients for ILR long residence applications. You can also get the best immigration services from us when required.

How to apply for a visa as the parent of a child in the UK

The UK Immigration Rules allows a parent to come to the UK to live with their child in the UK. You can apply for a visa as the parent of a child in the UK to take care of your child. However, if you can apply as a partner you should apply for a partner or spouse visa instead of applying as a parent. So, you can come to the UK, remain in the UK and settle in the UK as a parent of a child who is either a British citizen or is settled in the UK provided you meet the eligibility conditions.

 Eligibility requirements for parent applicant
  • You must be 18 or above 18.
  • You must have a genuine and subsisting relationship with your child.
  • You are outside the UK. If you apply in the UK, your child must have lived in the UK for 7 years continuously at the time of your application and it would be unreasonable for them to leave.
  • You must have sole parental responsibility or shared responsibility for your child. If you have shared responsibility then the other parent or carer of the child must be:
  • Either a British Citizen or settled in the UK.
  • Not your partner.
  • You must have access rights to your child in person if the child is living with the other partner or carer. You can get the access rights through either the agreement from the other partner or carer or by a court order.
  • You must prove through evidence that you are taking an active role in raising the child and you plan to continue it.
  • You must meet the maintenance and accommodation requirements. This means you need to prove that you can support yourself and your child sufficiently without seeking any public fund.
  • You must prove that you have good enough knowledge of the English language.
Eligibility requirements for your child in the UK
  • Your child must be under 18 or under 18 when you were first granted leave and not live an independent life.
  • He/she must be a British Citizen or settled in the UK.
  • He/she must be living in the UK.
Fee

Depending on whether you apply in the UK or outside the UK, you need to pay a different fee for the parent of a British child visa UKIf you are applying in the UK, you need to pay £1033 + Immigration Health Surcharge and biometric fee. If you apply outside the UK, you need to pay £1523 + Immigration Health Surcharge.

How to apply?

Whether applying in the UK from outside the UK, you must apply online.

How long you can stay in the UK?

If you are granted the visa, you will be allowed to stay in the UK for 2.5 years and after this, you need to apply for an extension if you want to live further.

How long does it take to get a decision?

If you apply in the UK it takes up to 8 weeks and if you apply outside the UK it takes up to 12 weeks to get a decision on your visa application. It may take longer also depending on your circumstances.

Adding other children as dependents

If you want to apply for more than one child, you can do it by adding them to your application as dependents. Children that you want to add as dependents must be below 18 years of age or they were under 18 at the time they were first granted leave on a family visa and they are not living an independent life.

How we can help?

Applying for the visa as the parent of a child in the UK is a complex process. As immigration lawyers, we will provide you with the relevant immigration advice and services to make the application process easy for you and achieve success.

UK Visa Administrative Review: faqs, fees, and processing time

Visa refusal is quite evident in the UK. Hundreds of visa applications are refused every year for various reasons. Once a visa application is refused applicant may have 3 options to exercise. The applicants can apply for  –

  1. A fresh application.
  2. An administrative review and
  3. An appeal.

The applicant is informed about his/her right to go for either administrative review or an appeal in the refusal letter sent from the Home Office.

 UK visa administrative review FAQS 

There are some frequently asked questions related to UK visa administrative review. Let us see them here.

 What is an administrative review?

Administrative review is a process to seek a review of your visa application conducted by a different home official. You can seek administrative review only if you believe that there is an error in decision making from the Home Office on your visa application despite the submission of all the correct documents. You cannot submit fresh information or documents in this process unless you are asked to.

Administrative review applies to point-based visa categories such as Tier1, Tier2, Tier 4 or Tier 5.

What is the time limit for an administrative review?

If you are outside the UK, you must apply for an administrative review within 28 days of getting a decision on your visa application.

If you are in the UK, you must apply within the 14 days of getting the decision.

 How much does an administrative review cost?

You need to pay £80 as a fee for it if you apply in the UK. You can include any dependent also whose application has been refused with yours at no extra charges. It costs you nothing if you apply from outside the UK.

How to apply for Administrative review?

You can apply online whether you apply from outside the UK or in the UK. Your refusal letter sent to you will tell you how to apply. Errors that you point out in your application will be checked out.

 How long does it take for a decision on Administrative review?

You should ideally get a decision on your administrative review application within 28 days. But if it is going to take more than 28 days, you will be notified about the same in writing.

Can I stay in the UK?

If you apply for an administrative review inside the UK, you can legally stay in the UK for 14 days (time allowed to apply for administrative review) after refusal and after that, you can continue to stay in the UK until your review has been completed.

What if my review application is successful?

If you get a decision in your favour against your review application, the original decision from the Home Office will be withdrawn. You will be granted leave to remain in the UK with a Biometric Residence Permit visa card.

What if my review application is unsuccessful?

You can apply for a judicial review within the 3 months of the decision.

Can I apply for a second review?

No, you cannot apply for a second review unless there are new reasons that come out in the review the process as a ground of visa refusal.

Can I withdraw my request?

Yes, if you make new immigration or visa application your request for administrative review will be withdrawn.

You must apply carefully for administrative review as it involves time and money. You should seek expert’s guidance on it.

At visa and migration, we provide full support for making administrative review application. You can contact us if you need an expert’s support.

 

 

How to appeal against UK spouse visa refusal

Refusal of any kind of visa application is bad. UK spouse visa refusal is even worse because you cannot join your partner in the UK. However, you can appeal against the decision of the Home Office. You will be informed about the right to appeal in the refusal letter.

 Who can appeal?

Applicants who wish to join his/her married partner who is a British citizen can apply for a UK spouse visa. But if your visa is refused for one of the several possible reasons you can either apply for a fresh application or you can make an appeal against the decision. You will be informed about whether you have the right to appeal or not in the visa refusal letter sent to you by the Home Office.

 How to appeal?

If you feel that the Home Office did not apply the law correctly while making their decision on your visa application, you can go for an appeal. You will be given a right to appeal to the First-Tier Tribunal Immigration and Asylum Chamber.

You can apply from within the UK and from outside the UK. When you want to appeal from within the UK, you must do so within the 14 days from the date of the decision. When you want to appeal from outside the UK, you must do so within 28 days after getting the decision. If you fail to apply within the time mentioned here and you still wish to apply you must explain the reason to the tribunal. Tribunal will decide if it can still hear your appeal or not. You can appeal online or through the post or fax.

 The process of appeal

You can ask for an oral hearing. You need to either provide further evidence or need to prove that evidence that you submitted is sufficient. However, having an oral hearing will be decided by the tribunal whether you ask for it or not.

If the tribunal decided to give an oral hearing you will be informed about this and then you can attend the hearing. If no oral hearing is given to you, a judge will make a decision on your case based on your appeal form and the documents provided.

Usually, all hearings take place in public but if you want it in private, you can place a request sighting the reason for it. You also have the right to ask for a male or female judge but the decision on it will again be taken by the tribunal only.

 Fees for an appeal against the UK spouse visa refusal

The fee for an appeal is £80 if there is no oral hearing while £140 if there is a hearing. But if get asylum support, legal aid or services from your local council and you are under 18 you may not have to pay a fee at all.

 Getting a decision on your appeal

The tribunal will decide either in favor of your appeal or reject your appeal. If the tribunal allows your appeal it may simply mean that the Home Office needs to reconsider its decision. If you win the appeal Home Office will change its decision and you will be allowed to stay in the UK with your spouse. If your appeal is rejected then you may have to leave the UK.

You will be given the decision in person or by post by the tribunal. You will get a copy of it within the 4 weeks of the hearing.   You can appeal against the decision of the tribunal also.

Get support from Visa and Migration

Visa and migration is a specialist in providing you with all advice and immigration services. We provide all kinds of support related to UK visa spouse refusal and other visa supports.

Read another blog  on How to Appeal if Your Spouse Visa is Refused

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