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.
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Advice Package
Comprehensive immigration advice tailored to your circumstances and goals.
Application Package
Designed to make your visa application as smooth and stress-free as possible.
Fast Track Package
Premium application service that ensures your visa application is submitted to meet your deadline.
Appeal Package
Ensure you have the greatest chance of a successful appeal. We will represent you in any.
The Advice Package
Our Advice Session can take place either in person (in one of our nationwide offices), over the phone or via Skype with one of our highly qualified, OISC regulated immigration lawyers. They will take detailed instructions about your immigration matter and provide you with comprehensive advice on what your options are and the next steps you need to take.
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The Application Package
Our application service involves a detailed consultation with a dedicated caseworker who will be able to advise you on your application, eligibility, supporting documents, procedure, timescales, fees and your prospects of gaining a successful outcome. Your legal advisor or solicitor will then help you to prepare, submit and monitor the progress of your visa application, confirming the advice and steps taken in writing to you.
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The Fast Track Package
Our Fast Track Application Package is a premium, bespoke service in which our dedicated lawyers will work tirelessly to ensure that your visa application is submitted in time to meet your deadline.
In the past, we have processed and submitted applications in as little as 24 hours using this service. Using our Fast Track Application Package guarantees that your application will become a top priority for our lawyers. They will endeavor to provide you with the fastest, highest-quality service possible.
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The Appeal Package
Unfortunately, applications are often rejected by the Home Office. This may be due to insufficient supporting evidence alongside the application, or a simple case of incorrect information being provided on the application form.
Our Appeal Package utilises our lawyer’s vast legal knowledge and comprehensive experience to ensure you have the greatest chance of success for a successful appeal. We will also fully represent you in any hearings/tribunals.
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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.