How To Apply for a UK Visa Appeal?
Have you been denied a UK visa or are you considering appealing a UK visa decision?
Since 2012, when the Immigration regulations were changed, there has been a 19% increase in visa refusals for the United Kingdom. The immigration requirements have been tightened significantly. The majority of refusals, however, can be overcome by filing a fresh application or appealing the refusal decision. There are several types of UK visas and your appeal or re-application depends on the type of visa you applied for:
- Visitor Visa- If you have been rejected a visiting visa, you will not be able to appeal unless you have applied as a family guest. Applicants should reapply in all other circumstances.
- Spouse/Fiance Entry Clearance-You can appeal judgments about spouse visas, but it’s usually easier to submit a new application for the visa.
- Leave to Remain- Depending on when you filed your application for permission to remain, you may have a right of appeal.
- Point-Based System- You will be able to file a request for an Administrative Review. You may be eligible to file a Judicial Review if you have been denied and there is no route of appeal.
Read — Appeal Against a UK Visa refusal with the help of Consultants in Chandigarh
Section 82 of the Nationality, Immigration and Asylum Act 2002 grants most people the right to appeal. If your application to settle in the UK is refused because you did not provide the required evidence to satisfy the Entry Clearance Officer or the Secretary of State, you can appeal and provide fresh evidence.
However, you may need to show that the material was accessible on the day of the decision and would have been delivered if asked for. When the judges at the tribunal refuse to accept the evidence, a good advocate must strive to persuade the judges to accept the evidence. If you are denied a Tier 1, 2, 4, or 5 visa, you will be entitled to administrative appeal, and if the judgement is still not changed, you will be entitled to judicial review. However, unless the refusal is based on the fact that the documents presented with the application are not genuine, you cannot submit fresh evidence at the administrative review.
Read — Your UK Visa appeal has the best chance of success
In general, a large proportion of applicants suffer rejection as a result of a mistake, an error, or the Entry Clearance Officer or Secretary of State failing to review the documentation submitted. It is advised to appeal judgments that are made on the basis of the balance of probability, but it is crucial to know that there is no right of appeal for tourist visas, except on the basis of the grounds of Human Rights.
When appealing a visa rejection judgement in the United Kingdom, certain deadlines must be met:
- 28 days from outside the United Kingdom
- 14 days from within the United Kingdom
- Within the UK, administrative review takes 14 days.
- Outside of the UK, administrative review takes 28 days.
The biggest advantage of an appeal is that you will get the opportunity to explain your situation to a judge face to face (unless you choose to do a paper appeal). Choosing a skilled representative with expertise and excellent advocacy abilities is critical during an oral appeal.
Read — 10 Most Common UK Visa Rejection Reasons — 2021
The court’s decision on an appeal is conveyed via mail, with the words “appeal permitted” or “appeal dismissed” written on it. If your appeal is approved, you have won the lawsuit; if your appeal is dismissed, you have lost the case.
Moreover, if your UK visa application has been refused our Immigration experts can help you with deciding the merits of a fresh UK visa application. If you have had a UK visa application refused and you would like to file the grounds of appeal then contact our immigration experts on +91 98191 27002 or email us at info@smi.legal to book an appointment for a consultation with our UK Immigration experts.
