UK Visa Refusal: Why And What to do Next

UK Visas and Immigration (UKVI) set out general grounds for refusal under part 9 of the UK immigration rules. The rules outline various suitability requirements that visa applicants must meet to avoid grounds for refusal.

In other words, a visa application will be refused if an applicant is not considered suitable by the Home Office. The general suitability requirements must also be met in addition to other eligibility and validity requirements set out on each visa route.

The decision to reject a visa will be determined by the Home Office caseworker based on a mandatory (must) or discretionary (may) basis. Besides the general grounds for refusal, some UK visa routes also have their own or additional suitability requirements which applicants must meet.

It’s important to know that the grounds for refusal are not only applicable to entry clearance applicants. The rules apply also to individuals seeking permission to enter the country and permission to remain.

Furthermore, sections 3-5 of part 9 also outlines additional grounds for refusal for applicants seeking entry clearance, permission to enter, and permission to remain.

Failure to Provide Required Information Grounds

An entry clearance application will be refused if an applicant fails without reasonable excuse to comply with a reasonable requirement to:

• Attend an interview
• Provide information
• Provide biometrics
• Undergo a medical examination
• Provide a medical report

Admissibility to the Common Travel Area or Other Countries Grounds

An application must be refused if the applicant intends to enter another part of the Common Travel Area without satisfying the Home Office that they are acceptable to the immigration authorities over there.

Debt to the NHS Grounds

If a relevant NHS body notifies the Secretary of State that an applicant fails to comply with relevant NHS regulations on charges to overseas visitors, and the outstanding charges are at least £500 in total, their entry clearance will be refused.

Unpaid Litigation Costs Grounds

If an applicant fails to pay the litigation costs awarded to the Home Office, their entry clearance application will be refused.

Purpose Not Covered by the Immigration Rules Grounds

An application for entry clearance may be refused if an applicant is seeking to come to or stay in the UK for a purpose not covered by the immigration grounds rules.

If your visa application is refused, you will be notified of the same in writing with reasons for refusal stated in the refusal letter. You may have some options to revert the situation.

The general course of action after a UK visa refusal includes administrative review, appeal and reapplication. However, all these options are not available to every applicant.

The appropriate course of action will depend on the application submitted and the nature of the visa rejection, and it will be stated in your refusal letter. For example, a visa rejection under the points-based system can only attract an administrative review.

It’s important to note the date on the refusal letter as it is a reference point for how long you have to take action to change the decision. If you are outside the UK, you only have 28 days and 14 days if you are within the country to apply for an appeal or an administrative review.

You can only apply for an administrative review if:

• You live outside the UK and applied outside the UK or
• You live in the UK and applied in the UK and
• You do not have a right to appeal against the visa refusal decision
• You didn’t apply on a standard Visitor visa
• You live in the UK, and your visa was approved, but you are unhappy about the conditions of your leave.

Your visa rejection letter will state if you have a right to an administrative review. If you decide to proceed with this option, you can apply online for £80.

You cannot apply for an administrative review after submitting a new application, as your request will be rejected. Also, your application for a review will be withdrawn if:

• You are in the UK and ask for your passport so you can travel
• You make another visa application after already applying for a review.
• You are in the UK, and you leave the country.

Getting a decision after applying for an administrative review might take up to 6 months or more. The Home Office will contact you with an update if a decision is yet to be reached within 6 months.

After the review process, you will receive a decision letter telling you if your visa was approved or if you need to apply for a second review.

The right to appeal is available in cases where the Home Office decision breaches UK laws regulating immigration policies, human rights, and interracial relationships. If you have the legal right to appeal, it will be stated in your visa refusal letter.

The appeal process can sometimes be time-consuming and complicated. If you are not an expert in UK immigration laws, it’s advisable to hire a lawyer with expertise in that area.

To appeal in most cases, you or your immigration lawyer can do so online. Only in some instances, such as those relating to EU Settlement Schemes, S2 Healthcare Visitor visas, and frontier work permits that you will need to appeal using a paper form.

Paper applications will require you to fill out a form IAFT-2 and pay £140 if your case requires a hearing or £80 if you don’t require a hearing. Submit the form along with supporting documents and the necessary evidence to the First-Tier Tribunal (Immigration and Asylum Chamber) and, in some cases, to the Home Office.

You may be asked to attend a court hearing as part of the appeal process. If you’re outside the UK, you can request a video link or have your lawyer represent you.

The result of the tribunal’s decision will be sent to you on your online portal or via mail.

If the hearing is in your favour, the Home Office will grant you your visa. If it isn’t in your favour, you may be able to appeal to the Upper Tribunal or reapply.

If the case worker’s decision on your visa refusal is justified, it will be easier to file a fresh application than to go through an appeal process. For example, if you forgot to submit a required document or made a mistake in your application.

When you reapply, ensure you have the necessary documents or that your current circumstances are sufficient to grant you a visa approval.

The UK visa fee is non-refundable. However, if you pay for IHS (Immigration Health Surcharge) during your application, you might get a refund.