A visa to the United Kingdom is a ticket to the world where the rule of law and social support are basic principles of life. When you apply for one, you might think that all necessary documents are submitted and evidence is provided to support purpose of applying for a visa, but then you get a refusal. Do not be put off by it; start by carefully reading a letter from the Home Office – you will always find there why you were refused and what you can do next.
There can be three options available to you, appealing, applying for administrative review or making a new application. You will win some time if you talk to a qualified immigration lawyer straight away. They will assess your chances of success and help you choose the right strategy.
Appealing a visa refusal: where to start?
The Home Office has a right to refuse to grant or extend your visa irrespective which one it is and the time you have spent in the UK or how well you have integrated socially. If you are not happy with their decision, you will have to fight for your rights.
Who can lodge an appeal in the UK?
To avoid any mistakes and losses, first talk to an expert immigration lawyer. Not everyone can appeal a UK visa refusal; only those who have applied for a spouse visa or under the Convention on Human Rights and other regulations related to humanitarian protection as well as EEA nationals and their family members.
Who cannot appeal in the UK?
There are certain visa categories that do not give right to appeal.
• Visitor visa (standard or for visiting a refugee family member who is in the UK under the Convention on Human Rights).
• Work visa.
• EU nationals applying under UK immigration rules (in some cases even under the European Regulations).
An easy guide to appealing in the UK
For your convenience, we have summarised the information about visas and right to appeal in a table below.
What to do if I cannot appeal?
If an appeal is not an available option for you, UK government offers to apply for an administrative review, but only if you are 100% sure that a Home Office case worker has made a mistake or been negligent. This option is available to applicants for a representative visa, investor visa or work visa (in any case it is only possible from the country of your first nationality). Unlike an appeal where you can add documents and evidence to support your claim and make it stronger, a review does not give this opportunity; only documents from initial application will be considered.
Remember that either an appeal or an administrative review must be filed before deadline; 14 days after receipt of a refusal if you are appealing inside the UK and 28 days if you do it outside the country.
What to do if I lost an appeal in the UK?
Let’s have a look how an appeal is processed and what it involves. It is sent to the First-Tier Tribunal of the Immigration and Asylum Chamber to be reviewed by an independent judge. Your role here is to provide all relevant documents and evidence proving you right. Letters, statements, references, photos, witness statements, to name but a few documents that might help you in protecting your interests. Some of them should be drafted and discussed with a qualified lawyer.
If the First-Tier Tribunal decides not in your favour and you have lost an appeal, you can appeal to a higher tribunal.
How to appeal to the Upper Tribunal?
This level is hard to tackle alone as it involves minute legal aspects that can affect your future in the UK. Professional lawyers can help you with the following.
1. Fill in a form asking the First-Tier Tribunal for permission to appeal to the Upper Tribunal (timeframe is the same – 14 or 28 days);
2. Ask the Upper Tribunal itself to appeal to it if the other one refuses to grant it to you.
3. Thoroughly analyse a decision of the First-Tier Tribunal for any legal mistakes such as:
• Wrong interpretation of a law.
• Applying incorrect laws that led to a lost appeal and infringement of personal rights and freedoms.
• Following wrong procedures that affected the decision.
• No solid evidence from the First-Tier Tribunal in support of its decision.
What does the Upper Tribunal do?
The procedure is exactly the same as in the First-Tier Tribunal. If you win this appeal, the Upper Tribunal will either overrule the decision of the other tribunal or order the First-Tier Tribunal to hear the case again.
Even if you lose this appeal too, do not despair; you still have another option – to appeal to a higher Court of Appeal in England and Wales, Scotland or Northern Ireland. You should not underestimate the value of expert legal advice in this case – it will save you a lot of time, money and efforts. Do not give up, preserver and a longed-for visa will be yours.
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