Appealing a UK Visa Refusal or Denial: Options and Process

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Appealing a UK Visa Refusal or Denial Options and Process

Applying for a visa and getting it approved can be challenging. You must fulfil specific criteria, such as having the required documents and sound finances, to acquire approved UK immigration status.

For various official reasons, your visa may be refused or denied. The current UK visa refusal rate is around 15%. If you have received a letter refusing your visa from the home office, keep reading to learn how to appeal for reconsideration. You have 14 days to appeal if you live in the UK and 28 days outside the UK.

What are the Common Reasons for Visa Refusal?

The Home Office may reject the visa application when it does not meet the eligibility or safety criteria. Here are some reasons for UK visa denial.

  • Scoring less on the UK points-based system(PBS)
  • Not meeting the minimum annual income and maintenance savings as a part of financial
  • Inconsistent or false information
  • Prior criminal convictions or you are a threat to the country’s society
  • Not providing information requested by the Home Office
  • Being in debt to the NHS
  • The existing ban on entering the UK
  • Faking marriage or relationship for the visa
  • Breaches in immigration
  • Crossing the maximum permitted stay

Can anyone appeal the Home Office decision?

It will be mentioned in the decision letter if you can file an appeal for your visa application. It may depend on the type of visa and the reason for visa refusal. You may request an administrative review if there has been an official mistake in rejecting your application.

This applies to points-based system visa applications, dependent visas, and business visas. Appeal if your passport is rejected due to a human rights claim or the British citizenship and protection status getting revoked.

Appealing UK Visa Refusal

Here is the immigration appeal process after the refusal.

  • Confirm your right to appeal
  • Contact an immigration solicitor for guidance and fill out the appeal
  • Check the reason for visa refusal
  • Collect necessary information and documents against the reason stated
  • Submit the online appeal application
  • Wait for the review from the Entry Clearance Manager (ECM) and the decision to be made by the Home Office

If you have provided the necessary information, the ECM will decide. The ECM may refer your case to the First-tier Tribunal(Immigration and Asylum Chamber) for further hearing. You will receive a Notice of Hearing and must appear for the hearing along with the documents.

In case your appeal is rejected

If there is a legal error, you may appeal to the Upper Tribunal (Immigration and Asylum Chamber). You may do this in case of an incorrect legal process of dismissing your appeal. If you are thinking of submitting a fresh application, you may discuss your case with a solicitor and decide, depending on the reason for the refusal. In addition, you can apply for a different visa that you may still be eligible for.

Parting Words

Now you know how to appeal your visa refusal when you need to challenge the decision made by the Home Office. You may do this when you believe the decision is due to an error or bias towards you. To ensure everything goes smoothly and you get the visa on time, you will need an experienced lawyer’s guidance while dealing with the legal process. Get in touch with Lawyersorted.com to find the right solicitor for your needs.

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