A visa to live, work or visit in the UK can bring a huge amount of opportunities. It can be extremely disheartening, then, when a letter arrives to tell you that your application has been rejected. In these moments, the UK visa application process can feel both frustrating and confusing.
Unfortunately, much of the information about applying for a visa makes it seem simple, but in reality, successfully receiving a visa comes with a host of complexities.
As a result, many people only realise they have not completed their application properly at the point of refusal. The question then becomes whether there is anything you can do after your visa is rejected.
We are going to help you answer that question, but before we do, it is worth noting that the information below only looks at the visa process in general.
If you have had a refusal letter, the steps you take may vary greatly depending on the type of visa you have applied for. Therefore, you should always seek advice from an experienced immigration solicitor about your case.
Many of the frustrations that arise out of a visa refusal comes from a lack of clarity about why your application has been rejected. Therefore, your first step should always be to identify what went wrong so you can ensure it does not happen again.
In our experience, visa applications are most commonly rejected because they have not been completed correctly, resulting in one of the following issues:
In some cases, you can appeal the decision to refuse your visa application. These reasons include:
As you can tell, the basis on which you can appeal a visa rejection are limited and you may be unsure whether one applies to your situation. For that reason, your refusal letter will inform you whether or not you have the right to appeal.
If you do have the right to appeal, this will need to be launched within 28 days of the decision. If you have to leave the country, you will have 28 days once you have left. If you have already missed the deadline, you can still appeal, though you will have to explain why it is late. A tribunal will then decide whether to hear your appeal.
In order to appeal, you will need to fill in a specific form depending on what visa you applied for, so you should seek advice from a solicitor in order to ensure your appeal is submitted properly.
As part of your appeal, you can submit supporting documentation alongside the paperwork you originally provided. You can then choose whether you want your appeal to be decided solely on this documentation or at a hearing that you and your legal representatives can attend.
If you can’t appeal your visa refusal directly, you may be able to apply for an administrative review. This review is suitable if you suspect that there has been a case working error that resulted in your visa being rejected under the points-based system.
As the review is just of the administrative process, you can’t submit further evidence to strengthen your visa application, the exception being if you are asked to by the Home Office.
There are three different forms of administrative review depending on where you made your visa application.
If you are confident that your application was submitted correctly and therefore re-applying will not yield a different result, a judicial review can be the best option. This is the process by which the Judges of the Administrative Court, and the Upper Tribunal (Immigration and Asylum Chamber) (UT) review the lawfulness of a decision or action made by the UK Home Office.
What is important to note is that a judicial review is not a reconsideration of your application, it is only a consideration of whether the law has been applied correctly and the right procedures followed. As such, no new evidence can be submitted at this stage.
Judicial reviews can be complex and should not be pursued without help from a solicitor.
Since the majority of visa refusals result from an incorrectly submitted application, often the best course of action is to just re-apply for the visa, a process that can be started as soon as you have been refused and any appeal is concluded.
Since your letter should state the reason for refusal, you should have a clear idea of what went wrong. In the event that you are still not sure, an experienced solicitor should be able to advise you on what you need to do differently.
The process of applying for a UK visa can appear simple, but in reality, it is extremely complex. For that reason, many people have their visa rejected because they simply have not put the application together correctly, or with enough detail.
If you have just been refused a visa, you should seriously consider using an experienced solicitor for your next application. Rejections of visas remain on the Home Office database, and while this will not stop you from getting a visa the next time, the last thing you want is to be refused multiple times.
So, if you have just been rejected, speak to Nayyars Solicitors about how we can help you appeal the decision, apply for administrative or judicial review, or re-apply for the visa.