UK visa refusal: What to do if I cannot appeal?

If you are already in the UK on a visa for personal or business reasons and have started integrating or integrated in the society, and even like British weather, refusal of visa extension will definitely knock you off your feet. Even if you have not moved to the United Kingdom yet and have only applied for a visa, a refusal is not going to be easier either. You can see all your dreams and ambitions tumbling down.

The first thing that comes to mind when you get a letter with bad news is to appeal the Home Office decision and prove your right. However, it is not always possible; only certain visa categories can be appealed according to UK Immigration Rules.

What to do if I am refused a UK visa?

Even when an appeal is not an option, do not get upset; there are two more options for your – a review and a new visa application. An expert immigration lawyer would tell you which one to go for in your case. For your convenience, we have summarised information on visas and potential actions in case of refusal in a table below.

Appealing in the UK: when I cannot do it

As you can see, if you have been refused a UK visa, you can appeal only in a certain number of cases written in the law such as family visas and EEA applications under European Regulations.

All you need to do is to read a refusal letter carefully, because it contains reasons for refusal and what you can do next in order to appeal a decision. You must have figured it out that the only options open to you in case an appeal is not possible are the following:

1. Administrative review.

2. Making a new application.

How to apply for an administrative review

If it is impossible to appeal a visa refusal in the UK, applicants for representative visa, investor visa, work visa or EEA applicants under UK rules can ask for the Home Office decision to be reviewed.

Please bear in mind that you should only apply for an administrative review if you are sure that there has been an act of negligence or an error on the part of a caseworker considering your application. But remember that in this case you cannot attach any additional documents, unless asked otherwise, and your case will be reviewed with the same evidence you supplied initially. Therefore, take your time, analyse all pros and cons, and decide whether that would be enough to support your case and approve your application.

Is there any deadline to apply for a review?

Yes, there is. If you have decided to go for an administrative review, you must apply for it within prescribed time period which depends on where you are:

1. If you are in the UK, it is 14 days after receipt of the refusal letter. You must apply online. Check your refusal letter for details.

2. From outside the UK applications must be also submitted online within 28 days of getting a decision.

Another important thing to remember – when preparing your application for an administrative review, you should draft a detailed cover letter pointing out the mistakes and errors that you think were made when considering your case. It is not easy to so without a legal background and specific knowledge; therefore, if you struggle by yourself, get professional advice and support.

Making a new visa application

This option is available for any applicant in any country. It is recommended to do it when you know that you forgot to include some documents in your initial application and there is no point in asking for an administrative review.

Even if you are sure that you’ve got it right this time, go and talk to qualified immigration lawyers that will check your application and tell you which other documents might add weight to it and justify your reason for wanting to come to the UK.

Unlike an administrative review, a new application can be submitted as many times as you want. The same goes for appeals that can be lodged more than once. In order to save time and money and minimise risks, have professionals at your side and you will stay in or come to the UK as planned.