Visa Appeal Process
UK Visa Appeal Process
After you have invested time, energy and money into a visa application, receiving a refusal letter can feel like the end of the world. The rejection rate for UK visas is roughly around 15%, and this covers everything from Visitor Visas to Work Permits. The current government is attempting to reduce people coming to the country. It is expected that this rejection percentage will continue to rise, so more and more people should expect to have their visa denied. If you receive a ‘Visa Denied Letter’ you will probably have a lot of questions about the next steps and the visa appeal process.
Our team of highly-qualified lawyers can help you with these questions. We can investigate the grounds of your refusal, liaise with the Home Office and assess your right of appeal. If you appeal a refused visa, one of our lawyers will work with you closely. He/she will prepare a Letter of Representation which will accompany any application for appeal you make. This will provide information about the merits of your case and any relevant immigration laws that may support it. Your lawyer will also legally represent you if your case is heard at a Tribunal.
Contact us now on 0333 363 8577 or make an enquiry online to consult one of our lawyers if you have had your visa refused. Our team of specialist immigration lawyers are based across the UK, including in London, Manchester, or Birmingham. You can also use the office finder to find your closest branch.
"I had spoken with several people with this company, and I am extremely satisfied with how kind and patient they are. I doubt I would choose anyone else to help me through my immigration to the UK.
"
Jazzmin
Posted 2 years ago
"I booked an advice appointment and my experience with Niamh Fegan was fantastic. After discussing the circumstances for my partner and me we worked through the visa requirements and I was provided with clear guidance on how to confidently apply for my partner's migration."
Oliver
Posted 2 years ago
"I am happy with the service from IAS. The process of booking for consultation is fast and easy. The consultant is very professional and Especially with Dina Modi she’s so helpful and explains everything you need."
Wael
Posted 2 years ago
Last modified on July 16th, 2023 at 8:15 pm
Advice Package
Need help with an immigration issue? Book a one-to-one advice session with one of our legal caseworkers.
Application Package
We can complete your visa application on your behalf, taking the stress and hassle out of the process.
Fast Track Package
Need to submit an application quickly? We can help you complete and send it off in as little as 24 hours.
Appeal Package
Ensure you have the greatest chance of a successful appeal with our legal support and guidance.
The Advice Package
With our Advice Package, you can book a one-to-one session with one of our legal team and receive bespoke advice tailored for your situation. We will review your case and give you expert advice on how best to proceed with your immigration matter. Reach out to a member of our team and book your session today.
The Application Package
Our Application Package is designed to help relieve the stress of immigration applications. One of our legal caseworkers will help you throughout the entire process, including establishing your eligibility for your chosen route, completing your application form to the highest standards and organising your documents. We will then submit it and monitor its status on your behalf.
The Fast Track Package
Our premium Fast Track Package is ideal if you need to submit an application quickly, such as if you need to meet a tight deadline. Our lawyers will work closely with you to see that your application is completed to the highest standards and ensure you get your application in on time, helping to take the stress and pressure off you.
The Appeal Package
Visa appeals can be a stressful process, especially if you’re relying on a specific visa to be approved. Our legal team can help you navigate the whole process and maximise your chances of a successful appeal, working alongside you to reach a favourable result. We can also represent you in immigration-related hearings and tribunals.
Related pages for your continued reading.
Frequently Asked Questions
The Home Office may choose to reject your visa for a plethora of reasons. You may have forgotten to include a document or not formatted a required document in the correct way.
You must show the restrictions on financial requirements over the course of at least 28 days and you must meet these restrictions exactly – the government will not provide you with any leniency.
Your ‘Visa Rejection Letter’ will state the reason for your visa rejection.
It will also provide you with the information on what is an available appeal. Rejection notices will provide you with information needed for your right to appeal. They will also clearly state the time limit for applying for an appeal. The rejection letter is not the end of the conversation, it is possible to reapply but matters of appeal must be exercised through the UK legal system.
Your type of appeal can go through two stages. The first is called an administrative review, the second is a judicial review.
Often taking around 12 months, this matter will be heard by an immigration judge or through writing to a judge.
Your rejection letter will provide you with all the information needed in whether or not an appeal is possible. You may have a valid case to be sent to appeal if:
- the Home Office has refused or revoked your right to protection e.g. in an asylum case;
- your visa refusal appeal is in breach of your human rights e.g. right to a private life;
- if the decision is related to the EEA; or
- if your British Citizenship is going to be revoked.
Appeals can be made through the government website or through filling out the appropriate form and posting or faxing it to the number on your rejection letter.
Appeals should be filed within the first two weeks of receiving your Visa Denied Letter. If you are outside the UK the appeal may be filed within 28 days (including holidays and non-business days) from receiving. Detainees must lodge an appeal within five days.
- Spouse Visa – if you are married to someone who has settled status in the UK or is a British Citizen, then you can apply for this visa.
You are able to appeal your visa rejection to the tribunal if your application for appeal is approved. The visa appeal process will depend on your individual case.
A case is decided primarily based on your appeal form and documents. If you request an oral hearing or if an oral hearing is requested for you then there will be court proceedings made on your behalf, where you either appear yourself or send your representatives.
An oral hearing can be carried out even if you are out of the UK, you can request a video link in this situation.
During the visa appeal process, it can be helpful to have someone who knows the specific up-to-date elements of the law as it pertains to your case.
However, it is not required to have a lawyer during the visa appeal process, there are also steps you can make to represent yourself in any future hearing.
If a court case happens for your visa refusal appeal, you will be notified about the details via post. You are able to have your representative attend the hearing if you are unable to attend.
At the hearing, an impartial immigration judge will hear both sides of the review and make their decision either in person or by post.
Your visa will be granted if you win your tribunal, the judge may make the Home Office pay you the amount you paid for the tribunal.
If you believe there was a legal oversight during your tribunal then your next option would be to appeal to the Upper Tribunal.
This path should be taken if you believe the judge did not apply the law correctly, got the law wrong, if they did not provide evidence of their decision or if they did not follow the correct procedures.
Our lawyers can assist you if you have received a visa denied letter and had your application for any immigration application denied.
One of our lawyers will:
- investigate the reason for your refusal;
- liaise with the Home Office where appropriate;
- determine your eligibility to appeal;
- if you appeal: oversee the appeal application to ensure that it is completed properly;
- assess the best appeal route for your situation;
- legally represent you if your case is taken to a tribunal.
Read more on our Appeal Package here. Or, call us on 0333 363 8577 to speak directly with one of our immigration lawyers about your personal immigration refusal.