UK Visa Refusal and Appeal
If your UK visa application is refused, you have the right to appeal the decision made by the Home Office. This means challenging the decision on the basis that you believe an error was made, the law was incorrectly interpreted, or your human rights have been breached. You will receive a letter from the Home Office explaining the reasons for your visa refusal and whether you have the right to bring an appeal or request an Administrative Review.
If you wish to appeal the immigration decision, you will need to do so within the required time. Typically, you will have 14 days if you are inside the UK and 28 days to appeal a UK visa refusal if you are outside the UK. It’s important to note that you can only appeal to the tribunal if you have the legal right to appeal, and you’ll usually be told if you do in your decision letter. If you’re unsure whether you can appeal, you should talk to a solicitor or an immigration adviser.
The appeal process depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client. If you’re appealing for yourself, you can appeal online using the My HMRC service. You’ll need to create an account and submit the appeal along with any supporting documents.
What are some common reasons for refusal?
UK visa rejections by the Home Office are often based on the applicant’s suitability, validity, and eligibility for a UK visa.
- Failure to prove the genuineness of the purpose for visiting the UK, such as for tourism, business, or a short stay.
- Not meeting the financial requirements, such as the minimum annual income and maintenance savings.
- Not scoring sufficient points under the UK points-based system (PBS).
- A record of criminal offence(s) can lead to visa refusal.
- Failing to fill out the application form correctly and completely.
- Not providing all the necessary documents or evidence to support your application.
- Inability to demonstrate strong ties to your home country, such as a stable job, property, or family, which may lead the authorities to believe you will not return.
- Presenting false or forged documents to support your application.
- Showing irregularities in fund transfers or failing to demonstrate sufficient funds to support your stay.
- Making mistakes or providing illegible information in the application form.
- Failing to disclose a criminal record or providing inaccurate information about any criminal history.
- Not presenting documents in the correct format or as per the requirements.
Who can appeal against a Home Office decision?
If you’ve received a decision letter from the Home Office, it will indicate whether you have the right to appeal their decision. Depending on your circumstances and the type of visa application, you may have the option to apply for an Administrative Review (AR) or an appeal.
Administrative Review (AR): This is available if the Home Office made a mistake when refusing your application. It is often applicable to Points Based System (PBS) visa applications and visas for their dependent family members, which include most work visas and business visas.
Appeal: You may have the right to appeal your decision to the First-tier Tribunal (Immigration and Asylum Chamber) on the basis of your human rights if the Home Office has:
- Refused an asylum claim
- Revoked your protection status,
- Refused your human rights claim or other specified circumstances
In some cases, you may also be able to apply for a Judicial Review if your immigration solicitor believes the Home Office has incorrectly interpreted the law when refusing your application.
It’s important to note that for refusals of visitor visas or short-term student visas, you may not have the right of appeal. In such cases, an immigration solicitor can assess your appeal rights and advise on available options. If an appeal is possible, your solicitor might recommend a new application or a different visa type, at the same time if you are seeking entry clearance from outside the UK.
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