Receiving news that your visa application has been denied can be devastating. Whether it is a family visa, a work visa or a visitor visa, no one wants to face the news that their application has been rejected.
Visa applications can be rejected for many reasons. Thankfully, there is a route forward following a rejection. If you have made a mistake in your application, you will simply need to resubmit your application. But if you suspect that a mistake has been made when deciding to reject your application, then you can appeal the decision.
Mistakes could include misinterpreting your evidence, missing important information, or not applying the law correctly to your case. But if you aren’t sure if you should appeal or resubmit your application, speak to our immigration lawyers in the UK. We can help to guide you through the UK visa appeal process so you can get back to planning your life in the UK.
First steps when your visa application is rejected
It’s important to act quickly if your application for a UK visa is rejected. There is often a time limit on appeals. And if you miss the deadline to appeal, you will have to start a fresh application and pay the fees again. So these are the steps you need to take if your application has been denied.
Step one: Find out if you have the right to appeal
In your rejection letter, it should tell you if you have the right to appeal and how long you have. The appeals process will vary depending on whether you are currently in the UK or are applying from outside the UK.
You will typically have 14 days to appeal if you are in the UK and 28 days to appeal if you are outside the UK.
You can appeal with or without the help of a UK immigration lawyer, but we would always recommend getting expert support. An immigration lawyer can advise you on the best course of action that is likely to result in a positive outcome.
Step two: Find out why your application was rejected
Before you can decide how to appeal, you need to know why the Home Office rejected your application. In your rejection letter, it should be clearly outlined how the Home Office reached its decision.
Common reasons for rejecting applications include:
- Incomplete application or evidence
- Poorly presented evidence
- Violation of immigration rules
- Unclear purpose for the visa
- Insufficient funds
- Omission of details about your criminal history
If you are unsure why the Home Office rejected your application, you should consult with an immigration expert.
Step three: Prepare your documents
Now you know why your application was rejected, you can decide your next steps.
The Tier 1 Tribunal is independent of the government and the Home Office. A judge will review your case and determine if the Home Office’s decision should be upheld or if they have made a mistake.
An administrative review is available when you do not have the right to appeal. This is simply a request to review the case again, usually submitted because you believe that there has been a mistake in the interpretation of your application.
For both, you will need to prepare your case and outline why a mistake has been made in making a decision about your visa application. We recommend seeking professional advice at this stage, as this can help to ensure your appeal is compelling.
Step four: Submit your appeal
Once you are ready, you can submit your appeal and await the outcome. You might have to attend a hearing if the tribunal needs more information. First, you will attend a pre-hearing to ensure you are ready for the full hearing. The tribunal will aim to make a final decision about your case at the hearing.
How do you know if you have the right to appeal?
You will be told in your rejection letter if you have the right to an appeal or if you need to submit a request for an administrative review. If you cannot find this information, consult with a legal professional to find out your next steps in the UK visa appeal process.
How long does the appeal process take for a UK visa?
There are strict deadlines for lodging an appeal for the applicant. And this might lead you to believe the decision will also be quick. But this isn’t the case. So you can expect to wait a while for a decision.
Appeals to the Tier 1 tribunal can take between 6-12 months. Whereas it usually takes around 6 months for an administrative review.
If you are on a strict deadline, it may often be quicker to submit a new application. For example, if you want to start a new job in the UK, it might be faster to submit a new application with the correct information rather than waiting for an administrative review.
What is the success rate for the UK visa appeal process?
This depends on your visa category. Current figures suggest that around 50% of appeals are successful. There is a higher chance of refusal if you are not aware of immigration law and practices. Although many people can handle the application process on their own, the appeal is a complex legal process. This is why we always recommend seeking professional help.
How can A Y & J Solicitors help?
We offer expert legal advice for every stage of the immigration process, from initial applications right through to appeals. We can help you to prepare your appeal so that you have an increased chance of acceptance.
Our legal team has helped countless people over the years to overturn bad decisions by the Home Office. We will ensure that your appeal is clearly presented and in accordance with immigration law. Get in touch today if your visa application has been denied and you need to start the appeals process. We know that time is of the essence and won’t leave you waiting around for a reply. Stay Connect with our legal blog & You can write for us legal
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