How can you challenge a visa refusal?

13 Dec 2022, 30 mins ago

If your UK visa application has been denied, you may be able to challenge the decision.

A visa refusal can be devastating, especially if you were planning to come to the UK for work, study, or family reasons. Your refusal letter will let you know if and how you can challenge the refusal. Usually there are 3 options: you can submit a so-called ‘administrative review’, you can submit an ‘appeal’, or you may be told that there is no way to challenge the decision.

The option available to you depends on the type of visa application you have submitted. Most applications will allow for an administrative review (such as Skilled Worker and Student visas). In some limited cases it will be possible to submit an appeal (such as partner visa refusals and human rights claims). However, most visitor visa applications do not allow for any recourse, if a refusal has been given. 

The reason for a visa refusal could be anything from a lack of supporting documents to a failure to meet the eligibility criteria for the visa you applied for. Once you know the reason for the refusal, you can begin to gather evidence and prepare your challenge.

An administrative review has to be submitted within 28 days of receiving the refusal decision. It costs £80 and the application can be completed online.

You only have 14 days to submit a full appeal (or 28 days if you are outside of the UK). The application will also have to be submitted online. The online appeal costs £80, and if you request an oral hearing during the online submission – the fee will be £140.

It should be noted that any challenge may succeed only if there is merit in it, i.e., if the Home Office has made a mistake in applying the Immigration Rules or other legislation to your application, or if, for example, they have refused your application based on a lack of documentation you know you have provided.

Overall, contesting a UK visa refusal can be a challenging process, but it is not impossible. By understanding the reasons for the refusal, gathering evidence and information to support your case, and following the proper procedures, you may be able to convince the Home Office to revise their original decision and grant you the visa you applied for.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on TwitterFacebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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