If you believe that the Home Office made a mistake, implemented the law incorrectly, or violated your human rights in its decision to reject your visa, you have the right to appeal. If you want to increase your prospects of winning further actions after the Home Office rejects your application, you should consult immigration lawyers.
For more information on the UK visa application process, including how to appeal a refusal application, immigration regulations, and the assistance of UK immigration experts, please contact us by email or phone at 02033939272 immediately.
With the right of abode, you are able to live and work in the UK without requiring a visa and without being restricted in how long you can stay there. The British Nationality Act 1948 established the right of abode.
Individuals with the right of residence in the UK may enjoy rights and benefits such as the unrestricted right to come, work, study, and live there. They can also apply through the Swiss, UK, and EEA immigration systems. In the UK, they may also be eligible to qualify for social security and welfare payments, as well as the ability to vote and stand for public office.
A visa denial will ensure you stay in the UK. To understand why the Home Office rejected your visa application, you must read the rejection letter thoroughly. Depending on the severity of your case, your chances of obtaining a UK visa after a rejection are about 50%.
Rejected applicants will obtain an explanation for their rejection in the form of a letter or email. In the event that your passport was withheld throughout the visa application process, it will be returned to you. Your visa denial letter from the UK will include whether you are eligible for an official review or an appeal a refusal of the immigration decision.
Please submit a fresh application for a visa to the United Kingdom if you have made an editable error. However, remember that you’ll need to pay the visa price all over again.
Nevertheless, providing false information or engaging in any other sort of official lying will result in a ten-year ban from entering the UK. This approach is best reserved for exceptional cases.
What can be done to be sure that a visa will be accepted? The short answer is that you can’t get a 100% guarantee since the Home Office is the one who made the choice. Nevertheless, we can ensure that your application is filled out accurately and submitted in its entirety to maximise your chances of success.
To make things easier for you, we have listed the top 10 causes for visa denial in the UK. This way, you will be better prepared to avoid these issues.
Please ensure that you submit all of the necessary documents for the application. Because each visa has its own unique set of requirements, you must double-check that your application is complete and accurate. To illustrate the point, it is not helpful to hear that someone was able to get a visa with A, B, and C when your own application specifically requests D, E, and F.
The second cause for a UK visa denial is that the supporting documents were not submitted in the correct format. Simply sending the papers together is insufficient. Properly presenting them in the specified sequence is essential. Filling out the paperwork with the appropriate coloured ink is also part of this. If you want the Home Office agent to have an easy time reading your application, you should make it as straightforward and easy as possible, even if this seems like a minor cause to reject a visa.
The Home Office website gives the impression that applying for a visa is easy, and the process may look that way at first. However, the guidelines don’t go into depth; they only provide a broad overview. An official document’s original copy or a missing date could result in a UK visa denial.
People around the world frequently make this mistake. A lot of the time, individuals are denied a UK visa because the immigration advisor is not properly trained or has insufficient knowledge of UK immigration law. Although they may be well-versed in immigration law generally or in their own country, obtaining a visa for the UK is notoriously difficult. Thus, you must consult with professionals in this field.
An additional substantial number of visa refusals is the result of individuals seeking guidance from their closest relatives, who lack the necessary legal knowledge. The Home Office cares solely about specific pieces of legal documentation and information, regardless of how well it knows the applicant. It just does not value each candidate as a person, which may seem harsh. The data, statistics, and monetary aspects are crucial.
British visa regulations are harsh. For instance, if a baseline income of £18,600 is required for a visa and the applicant’s actual salary is £18,500, the applicant may believe that the £100 difference would be considered. That is not accurate. The Home Office may reject your application due to even the smallest mistake, as there is no tolerance for errors.
Sometimes, applicants have prior immigration or legal issues that they choose not to disclose, such as prohibitions or specific criminal convictions that have already been erased—particularly when a significant amount of time has passed. However, the Home Office overlooks nothing and queries everything. Even more concerning, a UK visa refusal could be the least of your worries if the authorities suspect that an applicant has intentionally misled or misrepresented themselves (deception).
This is often the case when individuals from other countries want to relocate to the UK. But they are under the false impression that a visit visa is required before they may seek to change their status to a settlement visa while they are in the United Kingdom. A visit visa does not permit “switching,” and the Home Office would reject the application if they suspected that this was someone’s intention.
Imagine you pick a counselor who isn’t qualified. Because of their lack of understanding or misunderstanding of the intricacies of UK immigration law, your application may be refused in such instances. People who decline our assistance often mention phrases like, “My adviser said…” on our behalf. There needs to be more regulated advisers, and many of those that do exist need the assistance of a certified attorney for complex legal matters.
Initially, the most credible source of advice may be the source itself. The Home Office/UKVI call operators require further training and qualifications to offer legal advice. The best they can do is provide you with generic information or direct you to their website. For individual cases, specialised knowledge is often needed to complete the application accurately, and applicants will require assistance to obtain that.
Contact one of our friendly team members at 02033939272 today to find out how we can help you avoid the stress, cost, and disappointment of a rejection. If you’re unsure about your situation or want to ensure that an expert reviews your application, we’re here to assist.
The first thing to do is check if the provided evidence is sufficient and that all the Rules have been followed. That varies for every kind of visa. As an example, a visitor visa includes Appendix V. Appendix V does not include any “specified evidence” requirements; nonetheless, it can sometimes be beneficial to refer to other sections of the Rules when determining the kind of proof to provide.
In order to prove a single point, you may need to provide evidence in more than one form. It is expected that the various forms of evidence will ultimately lead to the same outcome.
The Entry Clearance Officer will be reviewing the “Visit Guidance” from the Home Office, so this is equally relevant. The meaning of the rules is clarified in the Guidance. In order to determine whether a candidate is a legitimate visitor, the Entry Clearance Officer will consider the factors listed in the Guidance.
After you have gathered all of the necessary evidence, you should analyse the administrative review to see if anything needs to be clarified. Remember that anybody may speak with the Entry Clearance Officer, although requests for more information are pretty rare.
Please offer extra information or explanation if any of the materials are not clear or include anything that might be interpreted negatively. A table of contents or well-labeled sections might help you organise the evidence.
You have three options when your UK visa application is rejected:
You should reapply after doing further research if you and your immigration attorney determine that the caseworker was right and that you misunderstood or failed to submit the necessary paperwork.
The same holds true if your chances of obtaining a visa have improved due to a change in the circumstances that previously prevented you from doing so.
If you believe that a caseworker made a mistake in handling or judging your UK visa application and the documents you submitted, and as a result, your application was rejected, you have the option to request an administrative review. Keep in mind that you are only able to see previously submitted papers and cannot submit any new ones.
Suppose a visa expert who is assisting you with your application identifies an error made by a caseworker that resulted in the denial of your application. In that case, you have the opportunity to appeal a refusal.
Suppose you believe that a decision made by the Home Office violates your rights as a British citizen, British law, immigration regulations, interracial partnerships, or international agreements such as the European Convention on Human Rights. In that case, you have the right to appeal a refusal.
If your first application for a UK visa is denied, you are free to reapply whenever you choose. If your initial application was rejected, it’s advisable to investigate the reasons why and reapply with more conviction. Doing so may increase your success rate while decreasing your expenditure.
Additional documentation that will strengthen your case should be obtained in order to reapply for a UK visa. Some examples of such documents include a recent bank statement or other evidence of financial stability, documentation showing your relationship to your home country, and details on your intended trip.
You will probably be rejected once more if you fail to comply with this requirement. Always remember that the more the number of refusals you get, the higher the likelihood of receiving another one.
After a visa refusal, follow these instructions carefully to increase your chances of successfully appealing and obtaining a UK visa.
Your online immigration appeal a refusal will be reviewed by an Entry Clearance Manager (ECM) once you submit it. At this stage, you can get a favorable response if you have presented compelling arguments in favor of appealing and provided evidence to support them. The appeal will be sent to the First-Tier Tribunal (Immigration and Asylum Chamber) for a thorough assessment if the ECM is unable to reach a decision.
A “Notice of Hearing” will be given to you in the event that your case is scheduled for a formal hearing or if you have requested one. The exact date of your appeal hearing is still being determined and may take several weeks from the day you submit your application. In the event that you are unable to attend the appeal hearing on the scheduled day, for example, due to an emergency at the hospital, you have the option to request a change in the date of the meeting. Send any last documents you would want to review plenty of time before the hearing to ensure a thorough review.
Although it is not required, you will almost always get a better outcome if you retain the services of an immigration attorney to assist you with your appeal. The appeals procedure is something that experienced immigration attorneys are familiar with. In addition, they are familiar with the UK visa appeals process, the necessary evidence, and how to construct a compelling case to increase the likelihood of a successful outcome. On top of that, they will represent you in court or a tribunal, responding to the judge’s questions and ensuring that your appeal is appropriately communicated.
Call us at 02033939272 to speak with one of our knowledgeable immigration attorneys for free over the phone.
It might take 6 to 12 months to hear your case, depending on the severity of your case, the kind of appeal you are submitting for a UK visa refusal and the strength of your application.
It is quite unlikely that you will get an answer on your immigration appeal from a Tribunal on the same day as your hearing. It usually arrives about one month after that. The Home Office may reconsider their previous decision and grant you a visa if your appeal is granted.
Even if your application does not satisfy the criteria for an appeal, it may be feasible to reverse a denial. If you believe the team reviewing your application made errors and would like another team to reassess it, you can request a review. In that case, you may utilise the administrative review process.
According to the complexity of your circumstance, the likelihood of obtaining a UK visa following a refusal is approximately 50%.
Visa case files are typically disposed of by the UK embassy thirteen months after a decision is made. The Regional Director makes the decision based on a risk assessment if the files cannot be stored securely. In certain missions, there is a lack of a secure location to store the necessary documents for visa applications.
People who are not eligible may apply for a visa again. Except for 221(g) refusals, reapplication necessitates a new visa application and funds.
The passport is not stamped by the British office when a visa application is denied. They will inform you of the reason for the denial of your UK visa.