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There are several reasons why a UK visa can be refused. The reasons of a visa refusal can be any of the following:
- You don’t meet the eligibility criteria
- You did not submit the required documents
- You submitted the documents in the wrong format
- You have breached the UK’s immigration law in the past
There can be several other reasons as well.
You should attempt your best to avoid it in the first place. For this, you should seek expert advice who can guide you to make a valid application that ensures your visa application is successful.
However, despite your best efforts if your visa application is refused and you are given an opportunity to appeal against the decision you must seek legal advice for a UK visa appeal.
What Is Appealing A Uk Visa Refusal?
When your UK visa is refused you are sent a letter by the Home Office in which the reason for refusal is explained. In the same letter, you are also informed of your options post-refusal. Whether you are permitted to appeal against the decision or lodge an administrative review.
You can also look to apply afresh for the same visa.
Not every applicant is given the option to appeal. But many do get a right to appeal also. Appealing a UK visa refusal means that you believe there is an error made on the part of the Home Office while deciding to refuse your visa application, or the law has been interpreted incorrectly or there is a breach of your human rights. Therefore you want to challenge the decision.
You can appeal yourself or hire a representative to represent your case on your behalf during the hearing in the First-tier tribunal.
When Can You Appeal?
You can appeal if the Home Office has decided to:
- Refuse or revoke your ‘asylum claim’ or ‘humanitarian protection’
- Refuse your human rights claim.
- Refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016
- Revoke your British citizenship.
- Refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme.
- Refuse or revoke your travel permit or family permit under the EU Settlement Scheme or restrict your rights to enter or leave the UK under those permits.
- Refuse or revoke your permit, or deport you if you’re a frontier worker.
- Refuse or revoke your leave, or deport you if you’re visiting as an S2 healthcare.
Cost of Appealing
Appealing a UK visa refusal can be a costly affair. So, you are advised to take an immigration lawyer’s help in preparing a strong immigration decision appeal. You have to appeal in the First-tier Tribunal where in most cases applicants have to pay a fee.
The amount you need to pay depends on whether you want a hearing on your appeal or not.
If you appeal without a hearing you have to pay £80 and if you appeal with a hearing you have to pay £140. You can pay the fee by credit card or debit card while making an appeal online. Otherwise if applying offline you can include your payment details on your paper appeal form.
Someone else can also pay on your behalf.
In case you appeal without hearing a judge decides your case based on the information and supporting documents as evidence you send to the tribunal.
In case you appeal with a hearing you and your representative can attend a hearing where a judge decides your appeal.
Usually, the First-tribunal judge’s decision is final.
In certain circumstances, you may be exempted from paying a fee.
You may also be eligible to get help to reduce the fee partially or fully if you receive certain other benefits, have a low income, or have little or no savings. You may be asked for evidence to support your application for help with fees.
If you are not in the UK at the time of submitting your appeal, you cannot apply for help with fees.
If you hire a solicitor to present your case you may have to pay their fee for legal advice for an appeal against your visa refusal.
You don’t need to pay any fee for asking for an urgent or expedited appeal.
Timeline
Appealing a UK visa refusal must be lodged within 28 calendar days if filing an appeal from outside the UK and within 14 days if filing an appeal from inside the UK from the date you received the decision. If you apply after the deadline, you must explain the reason for the late appeal, and the tribunal will decide if it can still hear your appeal. The tribunal will only agree to hear late appeals in exceptional circumstances.
The decision on your appeal can be a very lengthy process. It may take months before your appeal reaches a hearing date. Thus you should be mentally prepared for it.
Even after it reaches for a hearing the verdict on it by the tribunal usually does not come on the same day. However, you should get a decision by the tribunal in writing in 4 weeks after the hearing.
There is a possibility of an urgent hearing. But you need to justify it by compelling and compassionate reasons in writing to the tribunal. A judge will decide if your appeal should be heard on an urgent basis or not.
Legal Advice
Appealing a UK visa refusal is a daunting task. You should take legal advice for UK visa refusal. You can search for an experienced immigration lawyer online. It would be great if you could find legal advice for UK visa refusal from an immigration lawyer who has the expertise in resolving appeal cases in the same visa category in which you are facing visa refusal. You should check if the advisor is registered and if they charge a fee before you want to avail their services.
An immigration lawyer can help you present a strong case that enhances the possibility of a decision coming in your favor. A legal advisor will help you in:
- Preparing legal arguments
- Understanding the reasons for refusal in detail
- Prepare your case according to the change in immigration law and regulations (if there is any)
- Preparing all the documents as evidence in the correct format addressing directly the reasons for refusal
- Presenting your case speaking, argumentation, and answering questions on your behalf during the hearing in the tribunal
- Keep you informed about your case’s progress