Visa Refusals & Appeals
Having a UK visa application refused can be disheartening, expensive and at times may even lead to a country ban for an applicant. A UK visa rejection, regardless of reasons, can be off-putting. In case of a UK visa rejection, you may be able to appeal against a decision of the Home Office, but the process can be time consuming. The visa refusal letter will list the reasons why your UK visa was rejected.
However, a UK visa rejection need not affect your future UK visa applications if the visa rejection reasons are addressed. You can reduce chances of a UK visa rejection by ensuring that you understand the UK Immigration requirements. Among all categories of UK visa refusals, the tourist visa applications see a higher visa rejection rate.
Our UK Immigration experts have knowledge of the UK Immigration rules to file an Appeal / Judicial Review for an entry clearance application for a UK unmarried Partner visa, UK Fiancée visa, UK spouse visa, UK Visit visa, India Tourist visa, Tier 1 Visa, UK Administrative review for Tier 4 Student Visa, Tier 2 General visa, Tier 2 sponsor license, and PBS Dependent.
Appealing against a decision of the Entry Clearance Officer for Entry Clearance applications
This is the first step in the appeal process; the grounds of appeal are filed before the relevant authority countering the reasons for refusals and providing rebuttals on the same. Drafting the grounds of appeal in an organized way can help the applicant to get a favorable outcome on their application.
When can you Appeal?
Applicants can file an appeal to the tribunal if they have been given a legal right to appeal – this is mentioned in the Notice of Refusal received by the applicants.
Appeal rights are typically granted for refusal of applications by the British High Commission Post or Home Office in the following categories:
- Refusal of Leave to Remain, extend leave and variations (i.e. Curtailment) of leave in the UK as Fiancée, Spouse, Dependent Children, Civil Partner, Unmarried Partner, or as a Dependent.
- Refusal of Entry Clearance under Fiancée visa, Spouse visa, Dependent Children visa, Elderly Dependent visa, Adult Dependent visa, Civil Partner visa, Unmarried Partner visa, Family visitor visa etc.
- Decision to Deport someone already in the UK.
- Decision to ask person to leave the country from the airport.
- Refusal to allow someone asylum in the UK.
You can appeal against the following decisions from outside the UK
- A decision to refuse a Human Rights Claim for Entry Clearance.
- A Human Rights or protection refusal (where you can only apply after you’ve left the country)
- A decision by the Home Office to deport you as a European Economic Area (EEA) National.
- Your application for an EEA family permit as a family member of an EEA National was refused by the Home Office under the EEA Regulations.
- Certain decisions about applications submitted before 06 April 2015.
You can appeal against the following decisions from within the UK
- Your human rights or protection claim has been refused while you’re in the UK
- A decision made under the European Economic Area (EEA) Regulations, e.g. the Home Office has refused to issue you a residence document
- A decision by the Home Office to deport you (as an EEA National)
- A decision where you’ve been detained and your decision letter was sent by the Detained Asylum Casework team at the Home Office
- A decision to remove your UK citizenship
- A decision to take away your protection status
- Certain decisions about applications submitted before 6 April 2015
UK Visa Appeals – Timelines
If you are outside the UK and your application for entry clearance (UK visa) is refused by the Entry Clearance Officer (ECO) and you have been given appeal rights, then you can appeal to the First-Tier Tribunal within 28 days of the receipt of the notice of refusal from the Entry Clearance Officer (ECO). This is usually known as an entry clearance appeal.
For applications that are made in country (within the UK) applicants can file appeal to the First-Tier Tribunal against the refusal of such application within 14 days after the date the refusal letter was received by the applicant.
At Irish Expert, our UK Immigration experts deal with a wide range of appeals that include appeals against refusal of entry clearance, leave to enter, leave to remain and the curtailment of leave.
The areas of work that we deal with include visas for students, partners, spouses, work permit holders, fiancés and visitors. We have great experience in dealing with complicated matters and advising clients accurately.
Our UK Immigration experts can manage UK visa refusal appeal cases in all areas including immigration appeals against a refusal of:
- entry clearance
- leave to enter
- leave to remain
The appeal process has two parts:
- Filing of Grounds of Appeal
- Hearing of the Appeal
Our UK Immigration Solicitors have successfully filed grounds of appeal for several categories including dependent and settlement applications.
At Irish Expert, our UK Qualified Solicitors and UK Immigration experts have helped individuals successfully file appeals against refusals received for their entry clearance applications.
If you would like to ascertain your eligibility to file grounds of appeal against a decision received from the Entry clearance officer, you can contact our UK qualified Solicitors for advice and assistance on +91 9633746454 or email us at email@example.com.
The administrative review process exists for unsuccessful visa applicants under the points-based system. If the application for a visa under the points based system is refused for applicants outside the UK, they do not have a full right of appeal.
However, all applicants can apply for an administrative review, which is a mechanism for reviewing refusal decisions.
An administrative review can be filed if the applicant thinks that the assessing authority has made an error in refusing the visa application under the points-based system. The review will look at whether the claimed points were correctly assessed by the entry clearance officer.
Click here to know more about an administrative review.
The Upper Tribunal (Immigration and Asylum Chamber) is responsible for the judicial review of certain decisions made by the Secretary of State for the Home Department, entry clearance officers and others, under immigration legislation.
Where the Home Office (UKVI) has refused an application for entry clearance or leave to remain and have not granted a right of appeal against the refusal of the application, such a refusal can be challenged by way of Judicial Review (JR) within 90 days from the date of the refusal letter.
Per Civil Procedure Rules, a Pre-Action Protocol (PAP) notice must be sent to the Home Office (UKVI), giving them at least 14 days to review their decision and change their decision considering the information/documentary evidence given through the Pre-Action Protocol letter. The main aim of the PAP is to avoid unnecessary litigation.
It is possible that because of the Pre-Action Protocol letter, the Home Office (UKVI) may review their decision to refuse the application and either maintain the refusal or grant the visa.
If the decision to refuse is maintained or the Home Office does not respond to the Pre-Action Protocol letter within the stipulated time, applicants can make an application to the Upper Tribunal for permission to apply for Judicial Review.
Such an application is made on papers; the court will refuse and grant permission on papers without a court hearing.
At Irish Expert, our UK Qualified Solicitors and UK Immigration experts have helped numerous individuals successfully file for a Pre-Action Protocol (PAP) for Judicial review against refusals received for their entry clearance applications, including for Entry clearance on visit visa.