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How to Win Your UK Visa Refusal Appeal

win uk visa reufusal appeal

How to Win Your UK Visa Refusal Appeal

You may appeal a visa refusal from the Home Office or UK Visas and Immigration (UKVI). The options available included an administrative review, an appeal with all rights reserved, or no appeal.

Depending on the kind of application, you may be eligible for an administrative review or an appeal right. Under the majority of circumstances….. the following is the appeal right:

  • Applications within the Points Based System (“PBS”) or from family members of PBS migrants (in Tiers 1, 2, 4, and 5) qualify. Only these applications have the right to an Administrative Review.
  • An individual can appeal any claim or application made with human rights and protection under the EEA Regulations. Certain domestic appeal rights may be “certified,” meaning the applicant must depart the UK before submitting an appeal.
  • Applications for guest visas, temporary student visas, etc., usually require an opportunity for an appeal.

About 15% of applicants wanting a UK visa might have their applications rejected. Some types of visas have even higher rejection rates. The highest rejection percentage was almost 50% on a Tier 1 (Entrepreneur) route no longer in operation.

Despite how bad it feels, a visa rejection is not the be-all and end-all. The good news is that appeals overturn almost half of all immigration decisions. The bad news is that the Home Office loses 75% of its challenges, according to the same Guardian article.

Visa Denial Appeals in the UK

Immigration tribunal decisions include spouse visas, ILR petitions, residence cards, and permanent residence. Each decision grants the applicant a complete appeal right. This right enables them to challenge the decision if they disagree with it.

If authorities reject your application, you usually have two weeks to appeal in the UK. This applies to things like extensions, changing your status, or getting indefinite leave to remain. The deadline is 28 days for candidates based outside the UK.

You should have received a letter. It’s from the Home Office or UKVI. The letter explains the rejection of your application. It also describes the reasons for the refusal.

Additionally, it mentions the deadlines for appealing the decision. Lastly, it talks about your right to appeal.

Ways to Challenge a Refusal of a UK Visa

When you get a rejection notice for your application, there are usually three primary ways to go. We strongly recommend you speak with an experienced immigration attorney immediately. Spending time and money on a lawsuit with no chance of winning may be draining.

  1. If you get a visa rejection letter, you can appeal. First, understand why your application failed. Then, look at the reasons for rejection and assess your options.
  2. You may resolve the grounds for rejection by reapplying after reviewing the rejection. Opting for this alternative might expedite the outcome compared to pursuing an appeal. If you want to come into the country but they say no, you can ask again while also appealing.
  3. Last but not least, you may ask the UKVI to rethink the decision before you file your appeal. This should reverse the rejection. The most challenging alternative becomes applicable when the UKVI makes a glaring mistake. Your promptness is crucial since you can have as little as 14 or 28 days to fix the problem.

Appealing the denial of your UK visa

After deciding to appeal a visa denial, thorough case preparation is paramount.

Preparing for an appeal involves several steps. First, you need to review all the materials and evidence provided carefully. You need to evaluate the reason for denying the appeal. Next, you must create grounds for appealing to the First-Tier Tribunal.

Additionally, you’ll have to draft witness statements. After that, you’ll fill out the appeal form. Finally, you’ll compile all these documents into an appeal package. The next step is to appeal to the Immigration Tribunal, which will notify the Home Office of the decision.

We often find clients and other lawyers skimping on the necessary paperwork when appealing a visa denial. Typically, this falls under one of these categories:

  • Putting together the bare minimum of an appeal without investigating the reasons for rejection
  • “Jumping” into appeal negotiations before giving enough thought to other strategies
  • Not having all of the necessary paperwork for an appeal ready to go.

Clients should understand that priority isn’t the appeal’s look. Priority is giving the best effort for judgment to reverse fast.

Serving the Home Office/UKVI with the reasons and going along with papers follows the lodgement of the appeal. After that, an entrance Clearance Manager (“ECM”) will go over the paperwork and the appeal about entrance clearance.

Appeals rarely change judgments during the ECM review. Skipping the entire hearing is unusual. Well-prepared appeals sometimes succeed.

The Home Office now has a specialized division to review and re-evaluate appeals for in-country applications. The squad came together on November 30, 2018.

Edmans & Co.’s attorneys had historic success in reversing appeals, even in cases where a meaningful hearing was unnecessary.

Submit a New Application After the UK Visa Denial

It might be easier to reapply if the rejection made sense and the applicant fixed the issues.

There’s often no fixed deadline to submit a new application. However, applicants should know something. There might be limits.

They’re appealing or seeking administrative review. When is the time limit active?

Appealing and Overturning a Denial Decision

It’s important to know that right now, there’s no official way to ask for a review of the rejection. The UKVI makes decisions. You can challenge a decision. Use legal channels.

These channels are for appeals. You can also request a review, called an administrative review.

Revisiting the decision might be possible. This could happen if the application were well prepared. Also, if the decision-maker made a mistake.

A customer came to us. Immigration authorities denied his wife’s spouse visa. This happens often. It illustrates our situation well.

Because of that, they said no to the application, even though everything else was okay. He could have asked them to think again within 28 days.

The client sent the TB test before the deadline. The ECO might have ignored it. The ECO might not have scanned it.

After the consultation, the client’s first effort to settle the situation was to contact UKVI.

Unfortunately, he failed. He reached out to us. However, he wanted to appeal. He had less than two weeks left. The deadline was approaching.

Challenging the UKVI’s mistake would have needed lots of time and money. It could take up to a year. This is because of the appeals process.

We drafted the client’s submissions and forwarded them to the relevant UKVI offices by their instructions. Regardless, we were prepared to file the appeal in time.

Four days later, customers received another email. It asked for the TB test. The email also reversed the initial denial. This made the customers happy.

How UK Immigration Solicitor assist with UK Visa Refusal Appeal?

Our dedicated team of immigration solicitors specializes in providing comprehensive assistance with UK Visa refusal appeals. With our wealth of experience and award-winning expertise, we handle cases of all complexities with precision and diligence.

When we first meet with you, we’ll assess your situation, examining all available choices and providing clear explanations. We’ll outline the potential timeframes and costs associated with each option. If you choose to challenge the refusal, rest assured that we will stand by you every step of the way.

Our team will assist you with your appeal. We’ll represent you at both the First-Tier and Upper Immigration Tribunals. We will skillfully present your case.

We’ll vigorously advocate for you. Your best interests are our priority. We commit to achieving the most favourable outcome for you.

Want to start fixing your immigration issue? Contact us now. Talk to our skilled immigration lawyers. Your future in the UK deserves expert guidance and support; trust UK Immigration Solicitors to deliver.

FAQs

When can I reapply after my UK visa gets refused?

After a visa refusal, there is no set time to submit a new application. Certain conditions may apply.

This is especially true if you’re on 3C leave. It also applies if administrative review is still available as an option. It’s crucial to address the reasons for refusal in your new application.

How long does the appeal process take?

Appeals typically range from 6 to 12 months for a hearing at the Immigration Tribunal.

Do I have to attend the Tribunal in person?

You have the option for either oral or paper appeals. Oral appeals offer the best chance to present your case effectively. You can represent yourself or enlist a legal representative to appear on your behalf.

What happens if my appeal is successful?

A successful appeal usually results in issuing the visa or status you applied for. Additionally, the Home Office/UKVI might refund the Tribunal fee. However, the Home Office/UKVI can contest the decision by appealing to the Upper Tribunal.

What if my appeal is unsuccessful?

If you believe the judge in the First-Tier Tribunal made a mistake in their decision, you can appeal to the Upper Tribunal.

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