USA and the UK
UK Visa Appeal Process
t 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.
Last modified on June 17th, 2023 at 7:48 am
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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.
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.
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).
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.
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.
Your visa will be granted if you win your tribunal, the judge may make the Home Office pay you the amount you paid for the tribunal.
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.
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.