If your UK visa application is denied, the Home Office will send you a letter detailing why your visa was refused and whether you are entitled to appeal or request an Administrative Review. If you wish to challenge the decision, it’s crucial to act quickly. If you’re in the UK, you generally have 14 days to appeal, and if you’re outside the UK, you have 28 days to do so.
Appealing an immigration decision means that you’re contesting the Home Office’s judgment, either because you believe they made an error, misinterpreted the law, or violated your human rights.
According to official UK government data, about 15% of visa applications are rejected, which equates to 247,280 refusals in 2021 alone. Encouragingly, about half of all appeals succeed, so there’s roughly a 50% chance of success depending on the complexity of your case.
At Reiss Edwards, we can assist you with your visa refusal appeal or guide you on the best course of action. Contact our experienced immigration lawyers for a free consultation at 0161 832 8867 or via email at info@tpclegal.co.uk.
Visa applications can be denied for several reasons, often related to general grounds of refusal based on suitability, validity, or eligibility for a UK visa. Common reasons include:
For instance, a common refusal reason is when the income you reported doesn’t match what’s recorded by HMRC. In such cases, we will analyze your situation and represent you effectively before the Home Office.
Your refusal letter will specify whether you have the right to appeal. Depending on your situation, you may have two options:
Administrative Reviews apply to all PBS visa applications and their dependants, including most work and business visas. However, you may appeal to the First-tier Tribunal (Immigration and Asylum Chamber) on human rights grounds if the Home Office:
You may also pursue a Judicial Review if the Home Office misinterpreted the law.
Visitor and short-term student visas typically don’t have appeal rights. In such cases, an immigration solicitor can advise on your next steps.
Even if you can appeal, it might be quicker to submit a new application, especially if the refusal was due to a poorly prepared application. Sometimes, you can appeal and reapply simultaneously if applying from outside the UK.
To strengthen your appeal, follow these steps:
When appealing, you can opt for an oral hearing to explain your case or let the decision be made based on the submitted documents. After submission, an Entry Clearance Manager (ECM) will review your case. If your case is strong, they may overturn the refusal; otherwise, it may proceed to a full hearing.
If your appeal involves a hearing, you’ll receive a ‘Notice of Hearing’. This could take several weeks, and if necessary, you can request a new hearing date. It’s best to submit all relevant documents before the hearing.
While it’s not required to hire an immigration solicitor, having one can improve your chances. Solicitors understand the grounds for appeal, the evidence needed, and how to present your case effectively. They can also represent you during the hearing, ensuring your case is clearly explained.
For a free consultation, contact us at 0161 832 8867 or email info@tpclegal.co.uk.
The duration of your appeal process can range from 6 to 12 months, depending on the complexity of your case. Tribunal decisions usually take about a month after the hearing. If your appeal is successful, the Home Office may issue your visa.
What if Your Appeal Is Unsuccessful?
If your appeal is unsuccessful, you still have options:
Consulting an immigration solicitor is highly recommended to discuss your options and the best path forward.