UK VISA REFUSAL AND APPEAL PROCESS
Visa refusals can be heart-trenching and a reason of concern for many. If you have got a UK visa refusal and are not sure what to do next, here is a complete guide of the know-hows you must be aware of.
A visa refusal is not an apocalypse and can be handled well if moved cautiously. Almost more than 50% of the decisions are overturned on an appeal or administrative review. Contingent upon the kind of UK visa you have applied for, the appeal process varies. Following is a list of visa refusals and the remedies available:
UK Visitor visa appeal: Generally if you have been refused a visitor visa, you cannot appeal, however, the decision letter will specify if an applicant can apply for an administrative review. In the rest of the cases, it is better to apply afresh keeping in mind the reasons for the first refusal.
Point-Based System Applications: Applications including Tier 1, Tier 2, Tier 4, and Tier 5 attract an administrative review and not an appeal. You can file an administrative review online by yourself. However, it is better to seek legal advice and leave this task for an expert immigration lawyer who can fetch you positive results.
Leave to Remain: An application for leave to remain may be appealable if it involves the question of human right violation and is also dependent as to when you applied for the same.
Human Rights and Protection Claims: Such applications have a full right to appeal and attract higher chances of getting a positive outcome. One must seek the assistance of a well-versed immigration lawyer.
GETTING YOUR UK VISA REFUSAL DECISION RE-EXAMINED
A UK Visa refusal decision once delivered, can only be reexamined by way of an appeal or administrative review and through no other means. Your decision letter is the bible in as much as you will get a comprehensive understanding of the reasons why such a decision has been taken against your application. The decision letter also provided the remedies available and lists the time frames which must be adhered to.
As soon as you receive a Visa Refusal, you must study the same thoroughly and jot down important aspects where the application’s content went wrong. Take legal advice at the first instance since you might not be lucky to get another chance. While going for a UK visa appeal, follow the time-lines specified and move strategically
In cases where the applications were filled correctly and there seems to be an apparent error, the decisions can easily be overturned/ by way of an administrative review itself rather than righting an Appeal.
STEPWISE PROCEDURE TO APPEAL A UK VISA REFUSAL
Read the refusal notice/ letter thoroughly. This step shall help you understand the reasons for the refusal and the time available for you to lodge an appeal/ administrative review.
It is best to seek guidance and advice from an immigration lawyer when going for an appeal.
Prepare your case comprehensively with supporting documents and specifying the underlying circumstances in which your visa has been refused.
Focus on getting the decision overturned while your lawyer prepares your case.
File an appeal with the first-tier tribunal (Immigration and Asylum) within 14 days if you are in the UK. If filing an appeal from outside the UK, you have a window of 28 days to file an appeal.
TIME-LINE AND FEES
Specific timelines are to be adhered to while going for a UK Visa Appeal. Following is a list of cases along with explicit time-frames:
In case you wish to appeal beyond the specific timelines provided, you may do so subject to providing a reasonable explanation as to the delay caused.
The fees for UK visa appeals are fixed by the UK authorities and differ depending on the type of appeal a person prefers, i.e. to say with or without a hearing.
WHY CHOOSE THUKRAL GLOBAL IMMIGRATIONS TO CONTEST YOUR UK VISA APPEAL
Thukral Global Immigrations is a team of expert lawyers you extensively deal with matters of UK Visa Appeal. We help our clients from scratch, building a strong base for our on-panel counsels and counterparts to contest their cases aggressively.
Karan S. Thukral’s goal-oriented approach has been a key factor in our success in Uk Visa Appeals that has brought us glory in the past. Our team holds an extensive experience in a number of technicalities including the point-based system, as we approach each case with deliberation and intercession that is required for the most ideal result. Our past wins include intricate and complex Uk Visa Appeals that have come to the benefit of our clients.
Each case is different and special in itself and hence requires individual attention, which the team of Karan S. Thukral delivers in the most earnest way while handling UK Visa appeals. We have a dedicated team of foreign expert lawyers on our panel, who guide the clients on every step of the way, allowing them the best of the services whilst focusing on getting a refusal overturned.
What to do if my UK visa got refused?
You can either re-apply or file a UK Visa Appeal/ Administrative Review. Consult an immigration expert while handling such a situation to seek positive outcomes.
How soon can I reply following the refusal of my visa?
There is no specific timeline for reapplying for the UK visa and you can do it any time after you receive the Refusal.
How long does the appeal process takes?
A UK Visa appeal can take up to 12 months to be heard at the Immigration Tribunal.
Can the Tribunal make an award for costs in an immigration appeal case?
If your appeal succeeds before the Tribunal, you may be awarded the costs to an extent of the amount paid at the time of lodging the appeal.
What happens if my appeal is allowed?
If your appeal is allowed, the refusal decision shall be overturned in your favour.
What happens if my appeal is unsuccessful?
If your UK Visa appeal is unsuccessful for any reason, you can apply to the Upper Tribunal based on an ‘error of law’ in the determination of your case by the First-Tier Tribunal.