What is a Visa Refusal With No Right Of Appeal?
When an individual applies for a UK visa, there is a possibility that their application will be rejected. In most immigration cases, it is possible to appeal this and the initial decision can be overturned.
However, sometimes, UK visa applicants are told that they do not have the right to appeal their visa decision.
- What is a Visa Refusal With No Right Of Appeal?
- What are the General Grounds For Visa Refusal?
- Why Do Visa Rejections Sometimes Come With No Right to Appeal?
- What are the Options For Someone With a Visa Refusal Letter?
- What to Do When There is No Right to Appeal?
- How Can I Improve My Chances Of Getting a UK Visa After Refusal?
- How Can IAS Help?
- Frequently Asked Questions
What are the General Grounds For Visa Refusal?
Visas can be refused for a variety of reasons. Some potential reasons for rejection include:
- Staying in the UK on an expired visa
- Staging a relationship to try to stay in the country
- Not having a reliable income, or not having sufficient savings
- Having unspent criminal convictions
- Being unable to provide the requested documents by the Home Office
- Submitting an inaccurate UK visa application
- Being banned from the UK
In some of these situations, the client can appeal the visa refusal, and there is a chance that their application will be accepted at the end of this process. However, sometimes, appeals are not possible, and this is what we call visa refusal with no right of appeal.
Why Do Visa Rejections Sometimes Come With No Right to Appeal?
Visa rejections with no right to appeal occur for different reasons. Some visa types are simply not compatible with appeals. For example, Visitor Visa applicants cannot appeal a refusal letter, so they must instead reapply for the Visitor Visa (or for another visa) after a Visit Visa refusal.
In other situations, appeals are permitted, but they may not be the most efficient way for the applicant to establish the right to live in the UK. For example, if an individual has been rejected for a Spouse Visa, it can take a long time for this to be appealed, so they may find it quicker to reapply instead – shortening the time they are away from their loved ones.
Requesting an administrative review of the decision
If there is reason to believe the Home Office made an error when processing the initial visa application then this could be the right option. For example, if the Home Office ruled out an application for an irrelevant reason (e.g., they believed the individual has unspent criminal convictions even this was not true).
Occasionally, the Home Office makes a mistake that threatens the applicant’s human rights. In this instance, the individual can appeal the visa rejection to the First-tier tribunal. Again, it is advised to reach out to an immigration lawyer to do this, as they will be able to complete the process efficiently.
It is rare that individuals can appeal their application in this way, but they are permitted to do so if they have had any of the following revoked by the Home Office:
- British citizenship
- Frontier Worker Permit
- Protection status
- Humanitarian protection claim or asylum claim
- EUSS family permit
- S2 Healthcare Visitor visa
- A human rights claim
When an administrative review of a visa refusal is requested, it is sometimes possible for the applicant to submit additional evidence to help their case. This is particularly useful if they missed out key information in their first application that may have helped a different decision to be made.
Requesting a judicial review
It is also unlikely that a Judicial Review will be permitted. However, it can be carried out in circumstances involving immigration rules (laws) not being followed by the Home Office.
No new evidence can be submitted for a Judicial Review, so there is a greater risk that the decision of the Home Office will not change, particularly if there was an issue with insufficient evidence.
Judicial Reviews are a costly option and therefore, you should seek advice from an immigration specialist before making a decision to go forward with a review.
However, there are incidents where a Judicial Review has resulted in a visa decision being reversed.
Reapplying for the same visa
If the reason for rejection is something that can be modified, it is can be most sensible to reapply for the same visa. For example, if certain documents were missed and the second application would include all of the supporting documents.
However, some reasons for rejections may still be relevant when the applicant submits an application a second time. For example, if their relationship is believed to be false, reapplying will not change the stance of the Home Office, unless additional evidence is provided that demonstrates the relationship was infact genuine.
Applying for a different visa
Applying for a different kind of visa may be a more favourable option, especially if the refusal was based on not meeting the correct criteria.
It is important to remember that the process of applying for the new visa may not be the same as the visa that has been refused.
IAS can give advice on visa suitability, cost and the process of applying for a UK Visa. Call us on 0333 305 9375 to check you are make the correct application.
How Can I Improve My Chances Of Getting a UK Visa After Refusal?
The most important thing to do is to find out the reason for the rejection, and whether this is something that can be resolved in the future. If it is something permanent, the next step will be to consider a different type of UK visa.
However, there are circumstances in which clients can make changes in their life that boost their chances of a visa approval. Here are some examples:
- Establishing a consistent income, or boosting savings
- Resolving errors in the initial visa application
- Ensuring the translation of the visa application is accurate
- Gathering all of the requested documents for the application
- Providing further evidence of stable family life
- Working with an immigration lawyer
For help with visa documents, including documentation checking, get in touch with IAS on 0333 305 9375.
How Can IAS Help?
At IAS, we have a wealth of immigration lawyers who are trained in immigration rules, including visa refusals. If you contact us, we will connect you with a lawyer who can advise you on whether you are permitted to appeal your visa rejection, what your other options are, and how you can maximise your chances of remaining in the UK.
Call us on 0333 305 9375 and we will take immediate action on your UK visa rejection.
Last modified on May 24th, 2023 at 4:07 pm
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Frequently Asked Questions
Immigration advisers and solicitors can appeal visa refusals on behalf of their clients. Most professionals will appeal online, as paper appeals are only permitted when the client is in detention.
Some UK visa applicants choose to represent themselves instead of involving a professional. This is often a more affordable route, but it can lead to complications, as immigration lawyers can predict potential problems and prevent them from occurring, whereas an untrained individual may not be able to spot these issues ahead of time – meaning the whole process can be costly, lengthy and an unsatisfactory result.
If the appeal has been made with the First-ter Tribunal then it costs £80 to appeal a visa refusal without an appeal hearing and £140 if a hearing is deemed necessary.
When a client is entitled to legal aid, they do not have to pay these fees or may be able to have the fees reduced. There are also other exemptions that remove the need to may the fee but it is dependent on the reasons for the appeal.
As soon as the visa application is rejected, the applicant can make a start on submitting their new forms. The letter detailing the reasons for refusal will also give guidance on the timeline for appealing. In most cases, if you planning to represent yourself at appeal you will have 28 days. It is possible to appeal after the deadline but you will need to show reasons for the delay.
The length of time between appealing a visa rejection and getting a new visa is unpredictable, as it is different for every case. However, it is recommended to plan to wait up to a year for the new visa, as this takes into account average waiting times and common delays.
This depends on the reason for rejection. Generally, it is less likely that an applicant will be granted a UK visa if their first application was rejected. However, this does not mean it is impossible.
If the second application does not contain errors, and meets all the requirements, there is a good chance that the individual will obtain a UK visa.
If a UK visa appeal is rejected, the client has the same options as someone who has no right to appeal. They can either apply again for the same visa, or make an application for a different visa with different eligibility criteria.