Many applicants apply for a UK visa every year in different visa categories. But this is an unfortunate truth that many of such applicant’s visa applications get rejected for one or the other reason. This means that the Home Office decision does not go your way always. Sometimes the reason for rejection is genuine and sometimes it is because you made some small mistakes such as not filling up the form correctly and in the format required. It is highly recommended that you seek expert advice before making a visa application.
What if your visa application has been refused?
It will depend on the type of application you have submitted whether you will have a right to appeal against the decision or not. For example – visitor visas do not carry a right of appeal, however, if at the stage of making the application the applicant raised human rights arguments then the refusal of a visitor visa can still be challenged.
However, if you have been refused a point-based system application you will only be granted a right to administrative review and not a right to appeal the decision. It is very important how the application is prepared a represented to have the best possible chance of success.
In some cases it is possible to request a reconsideration of the application, however, this depends on factors amount to the refusal of the application. Reconsideration is a cheap way to get a positive outcome if the application has been refused, however, this is not a guarantee that the Home Office will reconsider the decision but it does work out well in some cases.
TimeLine for Appeal
If you have been granted a right of appeal from outside the UK you will be granted 28 days to appeal against the decision from the date of receipt of the decision. If the application has been refused from within the UK you will be granted 14 days from the date of the decision to appeal.
When to seek UK Visa and appeal service?
If you find the application process complex then you should seek expert service. If your visa application has been refused and you want to challenge the decision of the Home Office and thus choose to go for an appeal or administrative review as the case may be, you should seek expert advice before landing yourself into trouble. Also, if you don’t wish to go for appeal and simply want to reapply, you should go for expert advice to make sure that you are able to remedy the shortcomings.
The court fee is fixed to £80 for a paper hearing and £140 for an oral hearing. The representative’s fee depends on the complexity of the case. The appeals can be done online by using this link – https://immigrationappealsonline.justice.gov.uk/IACFees/.
Appeal Work Involved
Appeals, in general, involve the following work –
- Drafting Grounds of Appeal;
- Completing relevant forms (all appeal forms can be found on gov.uk website)
- Preparing Witness statements;
- Gathering the relevant evidence in support of the appeal;
- Preparing the bundles of appeal;
- Liaising with the court and Home Office;
- Preparing Skeleton Arguments;
- Representing the appellant at the courts.
If you are looking for professional advice on Appealing a refusal please speak with our experts on +44 (0) 2034111261