Reasons a UK Family Visit Visa Application Could Be Refused
There are several reasons why a visitor application might be refused and the Home Office will provide details when informing an applicant their visa has not be approved.
The most common reasons for a UK Family Visit Visa refusal include:
- Lack of sufficient evidence to prove the purpose of the trip – immigration officials must be satisfied that the applicant is a ‘genuine visitor’. This means that the applicant must provide a genuine reason for their visit, such as visiting family or for short-term business.
- There must be evidence that the applicant has sufficient funds to cover the cost of their stay in the UK – such as proof of employment, bank statements, or a letter from a sponsor.
- Lack of evidence of the applicant’s ties to their home country. Visas can be refused if the applicant has insufficient proof showing strong ties with their home country and that they plan to return.
- Incorrect or false information provided as part of the application
- Previous breach of immigration law and lack of clear criminal background – this includes possible security or safety concerns about the applicant.
- Previous visa refusal
- A history of excessive Visitor Visa applications.
- Reasons a UK Family Visit Visa Application Could Be Refused
- Can a UK Family Visit Visa Refusal Be Appealed?
- What is a Judicial Review?
- Can a Visa Refusal Appeal Be Rejected?
- What is the Judicial Review Process for a UK Family Visit Visa Refusal?
- Does Visa Refusal Affect Future Visa Applications?
- How Soon Can I Reapply for a UK Family Visit Visa After Refusal?
- How Can IAS Help?
- Frequently Asked Questions
Can a UK Family Visit Visa Refusal Be Appealed?
If a visa application has been rejected, an applicant will be informed in the form of a letter or document issued by the UK immigration authorities. The reason for the visa rejection will be explained in the refusal notice as well as details of any possible next steps.
The refusal notice may include information about the applicant’s right to appeal the decision and the deadline for doing so. Appealing the refusal decision to the tribunal is only possible if there is a legal right to do so.
What is a Judicial Review?
If the refusal decision of the applicant’s visa was unlawful, applicants can request a Judicial Review of the decision. The applicant must apply a review to the Upper Tribunal within three months of receiving the refusal decision.
A Judicial Review is designed to hold public bodies accountable and ensure they act within the scope of their legal powers.
Judges of the Administrative Division of the High Court and the Upper Tribunal can challenge the decisions made by public bodies, including the UK Visas and Immigration (UKVI), if they believe that the decision-making process was made in breach of the individual’s legal rights.
The grounds for a possible review include:
- Illegality – where there was a flaw in law in the making of the decision. For example, the law was applied incorrectly, or the decision maker did not have the legal power to make the decision
- Irrationality – where the decision is irrational or unreasonable
- Procedural impropriety and unfairness
- Breach of the Human Rights Act 1998 (the right to respect for private and family life).
Can a Visa Refusal Appeal Be Rejected?
Appeal for a Judicial Review for a UK Visit Visa refusal can be a very lengthy and costly process and it does not guarantee visa approval.
If the applicant does not demostrate that their Visitor Visa application refusal was based on illegality, unfairness or breach of human rights, their appeal will be rejected.
If you have received a refusal letter and are unsure of the reason or need assistance with the next steps, reach out to one of our professional immigration advisers, who will help you proceed with your application or appeal based on your circumstances. Call us on 0333 305 9375, or contact us online today.
What is the Judicial Review Process for a UK Family Visit Visa Refusal?
Contacting immigration lawyers who understand the Judicial Review process and can assist you through it is usually the first stage of the appeal.
Legal advisers will send a letter to the UKVI containing a detailed legal representation, known as a Pre-Action Protocol letter. The Pre-Action Protocol letter will attempt to reach an out-of-court settlement. The UKVI will then send a response, either agreeing to consider the UK Family Visit Visa application or maintaining the refusal decision and advising to proceed with Judicial Review.
A judge of the Upper Tribunal will consider the case, and a decision will be made within three months of the refusal decision. The court will review the decision and determine if it was made lawfully and in compliance with immigration rules and regulations.
Does Visa Refusal Affect Future Visa Applications?
A visa refusal may affect future visa applications. Previous visa refusal is one of the most significant factors for UK immigration authorities when considering granting a visa.
Therefore, it is vital to seek legal advice if you have previously been refused a visa or have any concerns about your visa application. Professional legal assistance can ensure that any potential issues are addressed before applying to avoid visa refusal and ensure it has no negative impact on any future applications.
How Soon Can I Reapply for a UK Family Visit Visa After Refusal?
There is no specific time limit or deadline for reapplying for a UK Family Vist Viisa. However, before you reapply for a UK Family Visit Visa after refusal, you should ensure you have addressed the reasons for refusal to provide a stronger application, fulfilling all the criteria and submitting the required evidence and documents.
This will ensure the best chance of approval for a Visitor Visa and may reduce costs as well as potential delays.
If you are considering this option but unsure how to proceed or need assistance gathering additional evidence or documentation to support your case, get in touch with one of our immigration advisers by calling 0333 305 9375 or contacting us online.
How Can IAS Help?
Visiting your family in the UK on a Family Visit Visa is a popular route for many overseas nationals. However, being refused can be complicated and stressful, preventing you from visiting your family in the UK.
If you are considering appealing a UK Family Visit Visa refusal decision or are interested in reapplying, contact Immigration Advice Service for help.
We are reliable, experienced and sympathetic legal advisers with expertise in immigration, including visa applications and Judicial Review cases.
For more information about how we can help and our services, call us on 0333 305 9375 or contact us online today.
Last modified on May 24th, 2023 at 3:44 pm
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Frequently Asked Questions
A visa can be refused if the applicant fails to show that they meet UK immigration rules. This means that the applicant submits a complete visa application; however, they do not meet the specific requirements for the type of visa they have applied for. For example, the applicant failed to prove they have enough funds to cover the cost of their stay in the UK.
Meanwhile, a visa application can be rejected if it is not valid based on the information submitted. For example, the applicant fails to pay the application fees making their visa application invalid and rejected.
UK Family Visitor Visa is a type of standard UK Visitor Visa for the purpose of visiting family in the UK. It enables overseas nationals to visit their family members in the UK for up to 6 months, just like the standard Visitor Visa.
If you overstay on a UK Visitor Visa and do not leave voluntarily within 30 days of your visa or leave expiring, you can be deported. If you leave after 30 days, you can be banned from re-entering the UK for up to 10 years. This can blemish your immigration record and impact any future UK immigration applications.