Types of UK Visa Refusals

At BPA Immigration Lawyers, we understand that UK visa refusals can be complex and varied. We’ve seen a wide range of cases and can help you navigate through the different types of refusals you might encounter.

In-Country Applications

In-country applications are those made while you’re already in the UK. These can include requests to transfer your visa to a biometric residence permit, extend your leave, or settle in the UK. If your application is refused, you may have the option to request a reconsideration. However, this is only possible if you believe immigration rules or policies weren’t followed correctly when the decision was made.

Out-of-Country Applications

Out-of-country applications are made from outside the UK. These often include visitor visa, work visas, and student visas. The refusal rate for these applications is over 15%. Common reasons for refusal include insufficient funds, lack of evidence to prove the purpose of visit, or weak ties to your home country.

Points-Based System Refusals

The UK uses a points-based system for many visa categories. Under this system, applicants need to score a certain number of points to be eligible for a visa. For example, skilled workers need a total of 70 points to apply to work in the UK. Refusals can occur if you don’t meet the required skill level, salary threshold, or English language requirements.

Family and Partner Visa Refusals

Family and partner visa refusals are particularly distressing. Common reasons include insufficient evidence of a genuine relationship, failure to meet financial requirements, or not satisfying the English language requirement. From April 11th 2024, the financial threshold for all family visas will be £29,000, rising to £38,700 by early 2025.

At BPA Immigration Lawyers, we’re experienced in handling all types of visa refusals. We can help you understand the reasons for your refusal and guide you through the process of appealing or reapplying, increasing your chances of a successful outcome.

Your Rights After a Visa Refusal

At BPA Immigration Lawyers, we understand that receiving a UK visa refusal can be disheartening. However, it’s crucial to know that you may have options to challenge the decision. We’re here to guide you through your rights and the steps you can take.

Right to Administrative Review

If your application under the Points-Based System is rejected, you may have the right to an Administrative Review. This process allows you to appeal if you believe your case has been mishandled. You’ll typically have 14 days to apply for a review if you’re in the UK, or 28 days if you’re outside. The review costs £80, but this fee is refunded if your review is successful.

Right to Appeal

In some cases, you may have the right to appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This applies to decisions related to protection claims, human rights claims, EU Settlement Scheme, and certain other visa types. You’ll usually have 14 days to appeal if you’re in the UK, and 28 days if you’re outside.

No Right of Appeal Cases

It’s important to note that not all visa refusals come with a right to appeal. For instance, if you’ve been refused a visitor visa or short-term student visa, you likely won’t have the right to appeal. In such cases, we can help you explore other options, such as reapplying with stronger evidence or considering alternative visa routes.

At BPA Immigration Lawyers, we’re experienced in handling all types of visa refusals. We can help you understand your rights, prepare a strong case for review or appeal, and guide you through every step of the process. Our goal is to increase your chances of a successful outcome and help you achieve your immigration goals.

Preparing a Strong Appeal Case

At BPA Immigration Lawyers, we understand the importance of building a robust appeal case. We’ll guide you through the essential steps to increase your chances of a successful outcome.

Gathering Supporting Evidence

We’ll help you collect all necessary documents to support your appeal. This includes reviewing the evidence submitted with your original application and identifying any additional information that could strengthen your case. We’ll ensure all documents are properly formatted and translated if required.

Addressing Refusal Grounds

Understanding the reasons for your visa refusal is crucial. We’ll carefully analyse your decision letter to identify the specific grounds for refusal. This allows us to tailor our approach and address each point effectively. For instance, if your application was refused due to insufficient funds, we’ll help you gather the necessary financial evidence to overcome this issue.

Drafting a Compelling Appeal Statement

We’ll craft a comprehensive appeal statement that clearly outlines the grounds for your appeal, backed by substantial evidence. This statement will include:

1. A detailed explanation of why the Home Office’s decision was incorrect
2. References to relevant Immigration Rules and case law
3. A clear presentation of how you meet the visa requirements

Our experienced lawyers will ensure your appeal is submitted within the required timeframe, which is typically 14 days for in-country appeals and 28 days for out-of-country appeals. We’ll also advise you on whether to opt for an oral hearing or a decision based on papers.

Remember, the success of your appeal often hinges on the quality of evidence and legal arguments presented. That’s why at BPA Immigration Lawyers, we’re committed to preparing your case meticulously, maximising your chances of a favourable outcome.

The Appeal Hearing Process

What to Expect

At BPA Immigration Lawyers, we’re here to guide you through every step of the appeal hearing process. After submitting your appeal, you’ll receive Directions from the First-tier Tribunal.We’ll help you prepare an Appellant’s Explanation of Case (AEC) within the specified timeframe, typically 28 days after the Home Office provides their bundle or 42 days after the Notice of Appeal. This is our chance to explain why we believe the Home Office’s decision was incorrect.

You’ll then receive a Notice of Hearing, detailing the time, date, and location of your hearing. We’ll ensure you’re well-prepared for this crucial day. Hearings are generally public, but we can request a private hearing if necessary for your safety or due to sensitive case details.

Presenting Your Case

On the day of the hearing, we’ll be there to represent you. The tribunal will typically include a judge, clerk, Home Office presenting officer, and any necessary witnesses or interpreters. We’ll address the judge and present legal arguments supporting your case. You may need to give evidence and answer questions, which can be stressful. However, we’ll thoroughly prepare you for this, ensuring you feel confident and relaxed.

Possible Outcomes

The judge usually doesn’t decide on the day. You’ll receive the outcome in writing, which can take a few weeks or months. If successful, the Home Office should reverse their initial decision. If unsuccessful, we can explore further options, such as appealing to the Upper Tribunal if there’s a legal error, submitting a fresh application, or considering alternative visa routes. Rest assured, we’ll be with you every step of the way, working tirelessly to achieve the best possible outcome for your case.

BPA Immigration Lawyers No Visa, No Fee* Give us a call now on 0204 586 5016 or drop us a message on our contact page below.

We at BPA Immigration Lawyers are here to help with all areas of immigration law. Our team of highly experienced lawyers specialises in handling various cases, from entry clearance visas and spousal visas to student visas and appeals. We’re committed to dealing with your case successfully, offering our expertise in Admin Reviews and other immigration matters.

To discuss your case and explore how we can assist you, give us a call now on 0204 586 5018. Alternatively, you can drop us a message on our contact page below. We offer a No Visa, No Fee* service, subject to terms and conditions.

FAQs

What are the costs involved in appealing a UK visa refusal?
The fees for appealing a UK visa refusal vary based on the type of appeal process you choose. If you opt for a decision without a hearing, the cost is £80, where the judge will make a decision based on the submitted documents and evidence. If you choose to have a hearing, the fee is £140, allowing you to be present and participate in the hearing.

Is it possible to appeal against a UK visa rejection?
You can appeal to the tribunal only if you have been granted the legal right to do so, which is typically mentioned in your decision letter. The same letter will also inform you if you are eligible to request an administrative review in cases where you do not have the right to appeal.

What is the likelihood of success in visa appeal cases in the UK?
As UK government figures, around 15% of visa applications are rejected each year – around 200,000-300,000 refusals. About half of the 26,000 appeals filed several years ago were successful.

After an appeal overturns a visa refusal, how long does it take to get the UK visa?
The duration to receive a decision on a UK Visa Appeal varies significantly. It can take anywhere from 12 weeks to 6 months, depending on the complexity of your case and the current backlog at the tribunal.