UK Visa Refusal and Immigration Decision Appeal Process

Immigration Decision Appeal Process

The Home Office will send you a letter if they refuse your UK spouse visa. They will explain why they said no. Also, they will tell you what you can do next. You can ask them to look at your case again. Or, you can appeal their decision.  You can challenge the Home Office’s decision on immigration by filing an appeal if you believe they made a mistake. Make sure to submit your appeal within the allotted period; typically, you have 14 days to appeal a UK visa denial within the country and 28 days outside.  Or they misinterpreted the law. They might have violated your human rights.

The UK government counted visa applications for 2021. They found that 247,280 applications were rejected. This was almost 15% of all applications. According to the numbers, half of all appeals in the area are successful. Thus, depending on the intricacy of your case, your prospects of obtaining a UK visa after rejection are around 50%.

Should you need assistance or advice about an appeal of a UK visa denial, UK Immigration Solicitors is here to help. For a no-cost first consultation, call 0203 384 4389 to speak with one of our experienced immigration attorneys.

Common Causes for a UK Visa Refusal

The Home Office has broad reasons for refusing to grant UK visas. In most cases, your eligibility, validity, and fitness for a UK visa will determine your immigration decision. Some typical grounds for denying a UK visa include these. 

  • Missing out on necessary funds (such as a minimum yearly income and maintenance reserves)
  • Failure to meet the points-based system (PBS) requirements in the United Kingdom
  • Giving the Home Office inaccurate information (such as application data or forged papers)
  • Refusing to provide the Home Office with the needed information
  • Not suitable (for example, if you pose a danger to the nation’s security, you may have unspent criminal convictions).
  • Sleeping poorly
  • Going beyond the maximum allowed duration
  • Relying on NHS Funds
  • Offences against immigration law (such as unlawfully remaining in the UK) in the past
  • Banned from the UK Fake marriage or relationship
  • Among the most prevalent reasons for visa denial is a discrepancy between your reported income and the amounts kept by HMRC. After evaluating your situation, we will vigorously advocate before the Home Office.

    When the Home Office decides, who has the right to appeal?

    You may find out whether you can appeal the Home Office’s decision in their letter. You could be eligible to apply for the following visas, depending on your situation and the kind you choose:

  • An Administrative Review (AR)—if the Home Office’s rejection of your application was due to an error
  • An Appeal
  • Requesting an administrative review is usually your only recourse; however, all applications for PBS visas and visas for dependent family members must adhere to this requirement. Moreover, most work and business visas fall within the PBS category.

    If the Home Office has violated your human rights, you may be able to appeal to the First-tier Tribunal (Immigration and Asylum Chamber):

  • turned down a request for humanitarian protection or asylum
  • denied your request for human rights protection and removed your protected status.
  • Deported you under the EU Settlement Scheme (EUSS), altered the duration or conditions of your stay, or terminated your British citizenship.
  • They have denied or cancelled your S2 Healthcare Visitor visa, Frontier Worker Permit, and EUSS family permit.
  • Turning Denials into Opportunities

    Furthermore, if your immigration lawyer thinks the Home Office made a mistake in interpreting the law when it denied your application, you may be eligible to seek a judicial review.

    Refusing a visitor’s or temporary student’s visa usually does not allow you to appeal. An immigration lawyer can assess your case, examine your appeals rights, and advise you on your next steps.

    Your immigration lawyer might suggest trying another visa or submitting a new application, even if you can’t appeal. It would be best to reapply to avoid rejection of your application due to insufficient preparation. Reapplying is the way to go in these circumstances. If you are applying for entrance clearance from a country other than the UK, you can file an appeal and a new application simultaneously.

    The appeals procedure for UK immigration

    Following these procedures meticulously will increase your chances of successfully appealing your UK immigration denial and obtaining a visa to the UK.

  • Hire an immigration lawyer (not required, but it can improve your chances of drafting a practical appeal of an immigration ruling).
  • Make sure you can file an appeal
  • Evaluate the rationale for the denial of your visa
  • Gather all the material and paperwork you’ll need to build your appeal case, including the grounds upon which you’re appealing.
  • After receiving your decision, you have 14 days to appeal if you’re in the UK, or 28 days if you’re outside.
  • Enclose any supplementary materials.
  • You have two options. First, you can ask for an oral hearing. This lets you explain your case further. Second, you can choose to continue with a decision. This decision is based on the information you provided earlier. This happens when you file an immigration appeal.

    We will assign your immigration appeal to an Entry Clearance Manager (ECM) for assessment after you submit it online. You may get a good ruling if your cause for appeal is strong and well-supported by evidence. If the ECM can’t decide, the case goes to the first-tier tribunal. This tribunal handles immigration and asylum matters. They’ll give it a careful look.

    Notice of Hearing

    A “Notice of Hearing” will be sent to you if you have asked for or your case has been referred for an oral hearing. There is no specific timeline for when you will have to wait for your appeal hearing; it might be weeks after you send in your appeal paperwork. Your right to request a postponement of the appeal hearing exists if you cannot attend in person (for example, if you have an appointment at the hospital on the scheduled day). Be sure to submit any supplementary materials well in advance of the hearing.

    Although it is not required, you will almost always get a better result if you hire an immigration lawyer to manage your appeal case. Legal counsel specializing in immigration is familiar with the appeals process and the grounds for appeal. They are also familiar with the protocol for appealing a UK visa rejection, the required level of proof, and how to best prepare your case and paperwork for success. Additionally, they will serve as your representative at any hearings before the Tribunal or Court, clarifying the details of your appeal and answering the Court’s inquiries thoroughly.

    After an appeal, how long does it take to get a visa?

    Appealing a UK visa denial can take different times. It might be six months or even a year. It depends on your situation and how hard your case is. Additionally, the quality of the application plays a significant role in determining the timeframe for resolution.

    Immigration tribunal verdicts aren’t typically given the same day; you’ll likely hear back about a month later.  After reviewing your appeal, the Home Office may grant you a visa.

    How to Proceed if Your Appeal Gets Rejected?

    Your immigration appeal may not be successful, but there are still choices accessible to you, such as:

  • If you think a mistake has been made in the legal process, the Upper Tribunal (Immigration and Asylum Chamber) might hear your case. This could mean they used the incorrect legislation, needed to follow the necessary procedure, or needed more evidence to back their judgement.
  • The likelihood of receiving a rejection for the same reason your appeal was unsuccessful should be your primary consideration when deciding whether to submit a new application of the same kind.
  • If you are still determining your chances of success while applying for the same kind of visa again, applying for a new form of visa might be a better choice.
  • Contact an immigration lawyer who can walk you through your choices and help you choose the one with the highest odds of success.

     

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