How to challenge UK Visa refusal?
This article will explain how to challenge UK visa refusal. You should find a qualified lawyer to challenge your UK visa refusal.
How to challenge A UK visa refusal?
To challenge a UK visa refusal, you can do so by way of an appeal, administrative review and judicial review. You will usually be told if you do in your decision letter. Following receipt of a refusal with a right of appeal, the first option is to, of course, appeal the refusal of your visa application and the second option is to re-apply.
How to challenge UK visa refusal depends on the visa application type and where you are challenging from.
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Appeal against a visa or immigration decision
You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:
- refuse your protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)
- revoke your protection status
- refuse your human rights claim
- refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016
- revoke your British citizenship
- refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme
- refuse or revoke your travel permit or family permit under the EU Settlement Scheme or restrict your rights to enter or leave the UK under those permits
- refuse or revoke your permit, or deport you if you’re a frontier worker
- refuse or revoke your leave, or deport you if you’re an S2 healthcare visitor
The tribunal is independent of government. A judge will listen to both sides of the argument before making a decision.
If you do not have the right to appeal, you might be able to ask the Home Office for an administrative review.
How to appeal a uK Visa refusal?
How to challenge UK visa refusal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client. Our immigration solicitors can help you to appeal against a UK visa refusal from within the UK and outside the UK as well.
Applying again to the EU Settlement Scheme
The deadline to apply to the EU Settlement Scheme was 30 June 2021 for most people. You can still apply if either:
- you have a later deadline – for example, you’re joining a family member in the UK who was living in the UK by 31 December 2020
- you have ‘reasonable grounds’ for being unable to apply by 30 June 2021 – for example, you had an illness or were the victim of domestic abuse
Appeal from within the UK
You can only appeal to the tribunal if you have the legal right to appeal – you’ll usually be told if you do in your decision letter. Your decision letter will usually tell you if you can apply for an administrative review if you do not have the right to appeal. You can arrange an appointment with our appeal lawyers to find out how to challenge UK visa refusal from outside the UK.
You have 14 days to appeal from the date the decision was sent.
If you apply after the deadline, you must explain why – the tribunal will decide if it can still hear your appeal.
You can appeal later if your administrative review was unsuccessful for an EU Settlement Scheme, frontier worker or S2 healthcare visitor application. Your administrative review decision will tell you how to appeal.
Appeal an immigration or asylum decision online
If you’re appealing for yourself, use the online service to:
- submit an appeal
- add documents in support of your application
- ask for a hearing
- get a decision on your appeal
You’ll need to create an account. You’ll also need:
- your Home Office reference number – you can find this on your decision letter
- any documents that will support your application
- an email address or mobile phone number
Appeal from outside the UK
You can only appeal to the tribunal if you have the legal right to appeal – you’ll usually be told if you do in your decision letter. Ask a question from our appeal lawyers to find out how to challenge UK visa refusal.
If you’ve been refused a tier 1, 2, 4 or 5 visa you will be able to ask for the decision to be reviewed at an administrative review – your refusal letter will usually tell you if you can.
You have 28 days to appeal after you get your decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country.
If you apply after the deadline, you must explain why – the tribunal will decide if it can still hear your appeal.
Why choose Deluxe law chambers to challenge a uK visa refusal?
How to challenge UK visa refusal fAQs
Can we challenge UK visa rejection?
Yes, you can challenge a UK visa rejection depending on the visa type and the decision letter.
Can a UK visa refusal be overturned?
You can challenge a UK visa refusal letter if you believe immigration rules or policies weren’t followed correctly when the decision was made.
How do I respond to a UK visa refusal?
Your decision letter will state whether you have the right to appeal or not. Ask a question to our immigration solicitors to discuss your refusal letter.
What are the chances of getting a UK visa after refusal?
The chances of getting a UK visa after refusal depend on the evidence and grounds of appeal you use to challenge the visa refusal.
How long after a UK visa refusal can I reapply?
There is no specific time limit for reapplying for a UK visa after a refusal unless you are banned. However, it’s generally a good idea to wait until you have addressed the reasons for the refusal and can provide a stronger application before reapplying.