Visa Appeal Process

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.

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.