It can be frustrating to receive a ‘Visa Denied’ letter from the Home Office. Especially considering the stress and effort that goes into making an application.

With around 15% of visa applications being denied many find themselves wondering about the visa appeal process. The Home Office scrutinize each application very carefully. Simple mistakes may cause your entire application to be denied. You will also not be entitled to a refund for the price of the Home Office fees should you have your visa denied.

How can IAS help?

One of our lawyers can work with you to answer any questions you have about the visa refusal appeal process. Your lawyer will investigate the grounds of your refusal, liaise with the Home Office and assess your right of appeal. If you are eligible to appeal, they will then guide you through the visa appeal process.

They will write a detailed Letter of Representation to support your appeal application. This letter will include details about the merits of your case and evidence that the Home Office decision should be overturned. If necessary, your lawyer will also physically represent you if your case is heard at a tribunal. If you have had your visa denied, contact our immigration lawyers on +1844 290 6312 or make an inquiry online for assistance.

FAQs

Why was my visa denied?

The Home Office can refuse your visa for a number of reasons. For example, there may be gaps in supporting evidence or issues with your application’s presentation.

Your visa application may also be refused due to mistakes made on your forms, inaccurate information or issues with your visa sponsor.

The reason for refusal will usually be stated on your ‘Visa Denied’ letter. You will receive this from the Home Office once you have submitted your application.

Can I change the decision if I have my visa denied?

Your rejection notice will usually give you an indication about your right of appeal. It will also often give you information on any time-frames you have to work with. It is usually possible to reapply for a visa if you have been refused, but appealing decisions will go through the UK legal system.

The process takes approximately 12 months and an appeal case will be heard by an immigration judge, either in person or through writing.

Can I make a visa refusal appeal?

Your rejection letter will provide you with full information on whether you are eligible to appeal a visa refusal.

Cases which are usually eligible for a right of appeal include:

  • A case in which the Home Office has refused/revoked your right of protection (i.e. in an asylum claim)
  • If your appeal would jeopardize human rights (i.e. the right to a private life)
  • If your decision is related to EEA law (i.e. Surinder Singh applications)
  • If your British Citizenship is being revoked

You can make an appeal online using the government website or you can apply via post.

Appeals usually have to be filed within the first two weeks of receiving your Visa Denied letter. If you are in the US when you lodge your appeal, you will have 28 days (inc. holidays and weekends).

Will I need to go to court?

You may have to attend a court hearing if your visa rejection appeal is heard by a tribunal. The visa appeal process will vary from case to case. Whether you will need to go to court will depend on different factors and will be assessed once you have made your appeal. You yourself do not necessarily need to attend the hearing – you can send a legal representative, such as an immigration lawyer. If you cannot travel from the states, you can request a live video link for the hearing instead of physically attending.

Do I need a lawyer?

Having an immigration lawyer represent you throughout your visa appeal process can be beneficial. This is because they provide have an in-depth understanding of immigration law.

Having a lawyer will also reduce your workload and involvement, as they can take care of all paperwork and legal processes for you.

However, it is not essential that you have a lawyer when making a visa refusal appeal, as there are steps you can take to represent yourself.

What happens at an immigration hearing?

If your appeal is taken to a tribunal hearing, you will about the details by post. Yourself or your representative can then attend the hearing.

At the court hearing, an immigration judge will hear both sides of the review of your case. If you have an immigration lawyer, they will plead your case using examples of supporting evidence and relevant case-law. They may also cite similar cases in which judges have made decisions to allow appeals.

The judge will be impartial in his/her decision. Their decision will either be stated in person at the hearing or after via post.

What happens if I win my immigration appeal?

If you win your appeal, your visa will be granted to you. The judge may also rule that you are compensated and that the Home Office pay for the tribunal.

What happens if I lose my visa refusal appeal?

If you lose your appeal, you may be able to take your case to the Upper Tribunal. You can do this if you believe the judge did not apply the law correctly in their decision-making, did not provide evidence for his/her decision, made a legal error, or did not follow the correct procedure.

What services does IAS offer?

As part of our appeal package, you will your a specialist immigration lawyer. They will guide you through your visa refusal appeal process.

Your lawyer will:

  • Investigate the grounds of your refusal
  • Liaise with the Home Office to establish their reasoning
  • Assess your right of appeal
  • If you appeal: oversee your entire application process
  • Assess the best appeal route for you according to your circumstances
  • Compile your supporting evidence into an evidence portfolio, ready to present to the immigration judge
  • Represent you in person at your tribunal hearing

To discuss your visa appeal options, contact us now on +1844 290 6312 for a free consultation or make an inquiry online.

Our Appeal packages

Advice Package

Comprehensive immigration advice tailored to you, with written confirmation

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Appeal Package

Full representation through your appeal, including physical representation if your case is heard by a tribunal

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Administrative Review

For those who have no right of appeal

Challenge to a UKVI administrative error

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Application Package

Full assistance throughout your entire application process

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A few of

our experienced

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Case studies

We are very proud that we have changed so many of our client’s lives for the better. Here are a few of their stories:

Godfrey: Civil Partner Visa

George was from the UK and wanted to bring Godfrey, his partner, a Ghanaian National over to the UK as a Proposed Civil Partner.
George did well in life… Read More

Arthur and Joaquin: Proposed Civil Partner Visa

Arthur was engaged to a Mexican National. He made an application for entry clearance for his partner but was refused. The wedding day was edging closer and closer so Arthur… Read More

Terence: Tier 1 Visa

Terence, an Australian investor, found several investment opportunities in the UK. He was unclear about his immigration options and contacted IAS. Working closely with our specialist lawyer, he was able… Read More

Helen: Long-term Visits to the UK

Helen, a Canadian National, wanted to stay in the UK for six months when visiting her friend in the UK.
She knew the maximum time she was permitted to spend… Read More

Horatio: Study Visa with University Sponsorship

Horatio was given a scholarship to study in the UK but has never left his home country, Paraguay.
The university contacted IAS and took over the application for Horatio.  IAS… Read More

Joginder: Tier 2 to Tier 4

Joginder is a Kenyan National who had been working in the UK under a Tier 2 Visa.
Although he was given the option to extend his Tier 2 Visa, he… Read More

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