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Challenge a UK Visa Refusal

If you file an appeal against the Home Office’s decision to deny your visa, you are challenging it because you think something went wrong, the law was improperly applied, or your human rights were violated. After the Home Office rejects your application, you should seek the advice of immigration solicitors so that you can maximise your chances of success in any future proceedings. 

Call us at 02033844389 or email us today to learn more about applying for a UK visa, what to do if your application is rejected or, how to prepare an appeal, immigration rules, and UK immigration expert help.

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    Chances of Getting UK Visa After Refusal

    If you try to enter the UK and are turned down for a visa, you can still stay in the country. Please carefully read the refusal letter from the Home Office to find out why your visa was denied. You may have a really good chance of getting UK Visa after Refusal.

    People whose applications are turned down will get a letter or email explaining why their applications were denied. If your passport was kept while you applied for a visa, it will be given back to you. If your UK visa is denied, the letter will tell you if you can request either an official review or an immigration decision appeal.

    If you made a mistake that can be fixed, please send in a new application for a UK visa. Keep in mind, though, that you will have to pay the visa fee again.

    However, you will not be able to enter the UK for ten years if you gave false information about yourself or lied to the officials in any other way. This method should only be used in very rare situations.

    Our experienced UK immigration Solicitors can help you with your immigration process.

    Top Ten UK Visa Refusal Reasons

    We’re often asked how to guarantee that a visa will be accepted. The simple answer is, you can’t get a 100% guarantee, because the Home Office makes the final decision. However, what we can do is make sure your application is completed and submitted correctly to give you the best chance of success.

    To help you with this, we’ve compiled a list of the 10 most common reasons for visa refusal UK so that you can be more informed about how to avoid them.

    Wrong Documents Supplied.

    You must provide all of the documents required for your application. Different visas require different documentary evidence, so you must make sure your application is specific to you, and that nothing is missed out. For example, it’s not good listening to someone who tells you they got a visa with A, B, and C when your application also asks for D, E, and F.

    Documents Sent in the Wrong Format.

    The second UK visa rejection reasons is to not send the document in the right format. It’s not enough to simply send the documents in a bundle. They need to be placed in the correct, chronological order and presented exactly as required. This even includes using the correct colour ink to fill in the forms. This might seem like a petty reason to refuse a visa, but the best way to look at it is to make reading your application as easy and simple as possible for the Home Office agent.

    Missing Evidence.

    Visa applications might seem simple, and the advice given on the Home Office website does make it appear so. However, the guideline notes only give a general outline and do not go into detail. A missing date or an original copy of an official document can lead to a UK visa refusal.

    Following Guidance from Non-UK Advisers.

    This is a very common mistake made by people all across the world. Many UK visa refusal cases happen because the adviser is not qualified or experienced enough in UK immigration law. They might know immigration law in general, or for their own country, but the UK is one of the hardest countries to get a visa for, so you really need to get advice from UK Immigration experts.

    Following Advice from Family or Friends.

    Another large proportion of visa refusals occurs when people seek advice from those closest to them who just don’t have the legal expertise. They may know the applicant very well, but the Home Office is only interested in specific legal evidence and information. It might sound cruel, but they simply do not care about applicants as individuals. It’s all about the numbers, the statistics, and the money.

    Believing the Home Office will be Lenient or “understanding”.

    UK visa requirements are strict. For example, some applicants might think that if the requirement for their visa includes a basic salary of £18,600 and they earn £18,500 the shortfall of £100 will be overlooked. Not true. Even the very slightest error will not be met with a refusal. There is simply no room for error.

    Non-Disclosure of Previous Issues.

    Often, applicants have had previous immigration or legal issues that they decide not to disclose, such as bans or certain criminal convictions already spent — especially if a long time has passed. But the Home Office misses nothing and questions everything. Worse still, if they believe an applicant has attempted to mislead or misrepresent themselves intentionally (deception) a UK visa refusal might be the least of your worries.

    Applying for the Wrong Type of Visa.

    A common example of this is when people from outside the UK wish to move to and settle in the UK. However, they mistakenly think they have to apply for a visit visa first, and then whilst in the UK apply to switch to a settlement visa. “Switching” is not allowed from a visit visa and any suggestion that this might be someone’s plan, the Home Office would also refuse the visit visa.

    Trying to Save Money on ‘Cheap’ Advice.

    Using unqualified advisers is a false economy as their lack of expertise in the intricate details of UK immigration laws, or how to apply those laws correctly can lead to a refusal. A substantial number of people who come to us with a refusal tell us, “My adviser said…” Unfortunately, not all advisers are regulated, and many  simply don’t have the knowledge of how to apply the law in the same way a trained, experienced, and qualified solicitor would.

    Relying on Advice from the Home Office/UKVI

    It might seem like the best place to get advice is from the source itself. However, call handlers at the Home Office/UKVI are not trained or qualified to give legal advice. At best, all they will do is redirect you to their website or give you the same general information. They will not be able to discuss the merits of individual cases which might need specific expertise to carefully complete the application.

    If you are unsure of your position or would like to guarantee that your application is handled by a knowledgeable specialist, get in touch with one of our friendly team members now at 02033844389 to find out how easily we can save you time, money, and anguish and frustration of being refused.

    Our experienced UK immigration Solicitors can help you with your immigration process.

    Guidelines for Making a Strong Case with New Evidence

    The first step is to make sure that all of the Rules have been followed and that the proof given is enough. That’s different for each visa. For example, Appendix V is part of a guest visa. There are no “specified evidence” requirements in Appendix V, but it is often helpful to look at other parts of the Rules in order to figure out what kind of proof to give.

    There are times when you need two or three types of proof to show one fact. The different types of proof should all point to the same conclusion.

    This is also important to do because the Entry Clearance Officer will be looking at the Home Office’s “Visit Guidance.” The Guidance makes it clear what the Rules say. For example, the Guidance lists a number of things that the Entry Clearance Officer will look at to decide if a candidate is a real guest.

    After getting all the proof and supporting papers you need, you should check to see if there is anything that needs to be made clear in the administrative review. Remember that the Entry Clearance Officer can talk to anyone who applies, but calls for more information are very uncommon. 

    If any of the documents are unclear or contain material that could be seen adversely, clarification or further evidence should be provided. You can arrange the proof by making a table of contents or using clear labels and headings.

    Our experienced UK immigration Solicitors can help you with your immigration process.

    What are the options I have after my UK Visa Refusal?

    A UK visa refusal gives you three choices:

    A new visa application for the UK

    If you and/or your immigration lawyer decide that the case worker’s decision was correct and that you messed up or forgot to send in the required documents, you should do more study and reapply.

    The same is true if the conditions that stopped you from obtaining a visa have changed, and you now have a better chance of getting one.

    Administrative Reviews

    You can ask for an administrative review if you think that your UK visa application and the papers you sent were handled or judged incorrectly by a caseworker, which is why your application was turned down. But remember that you can only look at papers that have already been sent in; you can’t send in new ones.

    UK Visa Refusal Appeal

    If a visa expert assisting you with your application discovers that a caseworker made a mistake that led to your application’s denial, you have the chance to appeal the decision.

    You can also challenge a Home Office decision if it goes against British law, human rights, immigration rules, interracial relationships, or international agreements like the European Convention on Human Rights.

    Our experienced UK immigration Solicitors can help you with your immigration process.

    Prepare for Another Possible Visa Refusal

    You can apply for a UK visa again at any time after being turned down the first time. Before applying again, it’s usually best to find out why your first application was refused and make it stronger. This could save you time and money and improve your chances of success.

    If you want to reapply for a UK visa, you should also get any other proof or supporting papers that can help your case. These could include a bank statement or proof of your finances, proof of your connection to your home country, and information about your travel plans.

    If you don’t do that, there’s a high chance that you will be turned down again. Also, keep in mind that the more refusals you get, the more likely it is that you will get another one.

    Our experienced UK immigration Solicitors can help you with your immigration process.

    Appeal Process After UK Visa Refusal

    To have a good chance of getting a UK visa after being refused, carefully follow these steps for your UK immigration appeal.

    • Hire an immigration lawyer. You don’t have to, but it will help you the most in putting together a strong appeal for an immigration decision.
    • Make sure you can file an appeal.
    • Take a look at your visa refusal reasons.
    • Get the information and papers you need to prepare your appeal case, which includes the reason for your appeal.
    • Fill out and send in an online appeal form within 14 days if you are in the UK and 28 days if you are not in the UK from the date you got your decision.
    • Include any supporting papers.
    • In your immigration appeal form, you have the option to indicate if you would like a decision based on the information you have submitted or if you would like an oral hearing to elaborate on your case.

    After you file your online appeal for immigration, it will be given to an Entry Clearance Manager (ECM), who will look over it. If you have made a strong case for appealing and shown proof to back it up, you may get a positive answer at this point. If the ECM can’t decide, the appeal will be sent to the First-Tier Tribunal (Immigration and Asylum Chamber) for a full review.

    You will get a “Notice of Hearing” if you have asked for a formal hearing or if your case has been sent for a hearing. There is no set time frame for when your appeal meeting will happen; it could be weeks after you send in your application. You can ask for the appeal meeting to be switched to a different day if you can’t make it as planned, like if you need to go to the hospital that day. For the best results, send any last papers you want to be looked at well before the hearing.

    As we already said, you don’t have to hire an immigration lawyer to help you with your appeal, but doing so will always result in a better outcome. Expert immigration lawyers know the appeals process and how to avoid them. They also know how to appeal against a visa refusal in the UK, what kind of proof is needed, and how to put together your case and documents so that you are sure that you’ll succeed. Additionally, they will go to court or a tribunal on your behalf, answering the judge’s inquiries and making sure the details of your appeal are conveyed correctly.

    For a free phone consultation, call one of our expert immigration lawyers at 02033844389.

    Time for Processing Appeal

    Depending on how hard your case is, what kind of UK visa rejection appeal you are making, and how strong your application is, it could take anywhere from 6 to 12 months to hear your case.

    If you have an immigration appeal reviewed by a Tribunal, you probably won’t get a decision on the same day as your hearing. Usually, you get it about a month later. If your appeal is accepted, the Home Office may either appeal or change their mind about what they said before and give you your visa.

    Frequently Asked Questions

    Most of the time, a child needs a visa in order to live in the UK. For instance, if their parent is a foreign national working or studying in the country, the child may need a Child Dependant Visa.

    You may be able to reverse a refusal even if your application does not meet the conditions for an appeal. If you believe the team examining your application made mistakes and want a different team to look into it, you can use the administrative review procedure.

    To make your application valid, you have to pay the full fee. If your request is denied, you will not get a refund. But if you don’t submit your biometric information, your application form will be returned as inapplicable, and your money will be returned less than a £25 processing fee. The following are the new application fees for British Citizenship:The cost of registering as an adult British citizen is £1,126.

    • The cost of registering a child as a British citizen is £1,012.
    • The old naturalisation charge was £1,250.
    • The £80 fee for your citizenship ceremony is not included in these prices. If your application for naturalisation is denied or withdrawn, you will receive your money back.
    • When submitting your application online, you will be instructed to use a debit or credit card to make the payment. On the other hand, if you use the paper way, you have to pay with a cheque or a credit card using the payment slip.

    The UK embassy usually gets rid of visa case files thirteen months after a decision. If the files can’t be stored safely, the Regional Director makes the choice based on a risk assessment. At some missions, there isn’t a safe place to keep papers needed for visa applications.

    Those who are ineligible can reapply for visas. Reapplying needs a new visa application and money, except for 221(g) refusals.

    Instead, you might be able to apply as a British citizen, although there are a number of complex categories here, such as if you are a kid under 18 or a British overseas or overseas territory citizen who has already renounced their citizenship. This covers children born in the UK to non-British parents or children in the country who are under a dependent child visa.

    You can also be eligible to apply for UK citizenship if your grandparents are citizens of the UK. These kinds of cases are complex and decided on an individual basis.

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