Reapplying After Visa Refusal
If you have recently had a UK visa application refused by the Home Office, you may be considering reapplying. Alternatively, the refusal may have occurred some time ago, but you are debating making a new visa application.
The UK Immigration Lawyers at OTS Solicitors specialise in individual immigration applications, including reapplications after an initial visa refusal. If you need an expert opinion, get in touch with our UK Visa Refusal Lawyers.
Entry clearance options after visa refusal
Depending on the date of the visa refusal, you have several options:
- Apply for an administrative review
- Reapply for the visa.
- Apply for a different type of visa.
Immigration Solicitors say that what you should not do is assume that you have no hope of getting a visa because you have had an application refused.
Overcoming UK visa rejections
Your options to overcome a UK visa rejection will depend on several factors, such as:
- The date of the visa refusal, as there are strict time limits to appeal a visa refusal or apply for an administrative review.
- The type of visa application, as not all visa refusals attract a right of appeal.
- The length of the visa, because it may be best to make a fresh application if you applied for a six-month Visitor Visa.
- The reason for the refusal. This is because some refusal reasons are more suitable for an administrative review application.
- Your circumstances and whether you better meet the eligibility criteria for a different type of visa.
- Your immigration goals, such as whether a visa that leads to UK settlement or accelerated settlement is a priority for you.
- Your travel plans and your ability to wait for an appeal decision.
Our UK Visa Refusal Lawyers can review the letter from the Home Office explaining why your visa application was refused, consider your original visa application, the supporting documents, and the surrounding circumstances.
Changing Immigration Solicitor to reapply after visa refusal
You may have used an exceptional Immigration Lawyer in London for your original visa application, but the circumstances of your application were always challenging. For example, because of your immigration record, previous immigration breaches or an overseas conviction. It is often still worth consulting one of our specialist Visa Appeal Lawyers to explore your options.
If you made your own visa application or did not use an Immigration Solicitor recommended in leading law directories, such as Legal 500 and Chambers Guide to the Legal Profession.
Changing Immigration Lawyer is straightforward, but you need to be aware of the Home Office time limits if you want to consider an appeal or an administrative review.
Reapplying after visa refusal
Most people who have had a visa application refused decide to reapply for a visa rather than appeal, apply for a judicial review or an administrative review. If you are reapplying for the same type of visa, it's vital to seek immigration legal advice on the reasons for the visa refusal to determine if they can be overcome. If they are not, then you are wasting Home Office application fees and time by submitting a fresh application.
A second application is only likely to be successful if your Immigration Solicitors carefully address the reasons for the visa refusal when submitting the second application. An experienced Visa Appeal Lawyer will do this through carefully applying the relevant immigration rules and Home Office Guidance.
Immigration legal advice on reapplying after visa refusal
OTS Solicitors are experts in immigration law and advise on all types of personal immigration, including Business Visas, Family Visas, Student Visas, Work Visas and Visitor Visas.
Although UK immigration law and the immigration rules are complex, we will ensure that the immigration legal advice we provide is easy to understand, so you know your options and what you need to do to work with us to secure a visa.
For a consultation on visa refusal and expert help, get in touch with our UK Visa Refusal Lawyers.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, and Urdu/Punjabi.
Appointments are available for phone, online, and in-person consultations at our London offices.
Frequently Asked Questions on Reapplying after Visa Refusal
Is applying again for the same visa futile?
An experienced Immigration Solicitor in London can advise you on whether it is worth reapplying for a visa after a refusal. Sometimes, with expert immigration legal advice, you can understand why a Home Office official rejected a first application for lack of evidence or because it did not address all the issues in the latest Home Office Guidance for that visa type.
Will the Home Office refund my visa application fee if the application is refused?
The Home Office does not refund visa application fees. That’s why it's important to take specialist immigration legal advice to ensure your second visa application addresses all the eligibility criteria for your chosen visa route.
Is there a cooling-off period before I can reapply for a visa?
There is no cooling-off or waiting period before you can reapply for a visa. You can apply straight away. Alternatively, a Visa Appeal Lawyer may recommend a short delay. For example, a delay may improve the prospects of a successful Spouse Visa application if your sponsoring partner can easily prove they meet the Spouse Visa financial requirement with additional wage slips.
Can I resubmit the same visa application, hoping that a different Home Office official will review it?
You can submit the same visa application without making any changes; however, this is likely to result in a second refusal, as a second Home Office caseworker will compare it to the first and reject it. You will have wasted a second lot of Home Office application fees as well as created additional delay in securing your visa.
Can I rely on the same documents in support of my second visa application?
You may be able to use some of the paperwork from your first visa application, depending on how long has elapsed since your initial visa application. For example, you may be able to use a lot of the evidence supplied to show that you are in an enduring and genuine relationship when applying for an Unmarried Partner Visa. However, you may need to provide additional bank statements and wage slips to prove that your sponsoring partner meets the Family Visa financial requirement.
Should I apply for an administrative review instead of reapplying for a new visa?
Generally, applying for an administrative review is a good idea if a Home Office official has made a mistake when processing your application. For example, they have misread the information on your Visitor Visa application. However, if you did not provide sufficient detail or the best information in support of your visa application, it's best to reapply and submit a new visa application.
Can I change solicitor before I reapply for a visa?
You can change your Immigration Lawyer before reapplying for a visa. Many of our immigration clients have been disappointed about an earlier visa refusal and have chosen to come to OTS Solicitors because of our excellent reputation and client reviews.
Should I apply for a different type of visa?
Our Visa Lawyers will look at the reasons for the visa refusal and advise on the prospects of you successfully obtaining a visa on your second application. If you continue to struggle to meet all the eligibility criteria for a Spouse Visa, it may be preferable to apply for a Work Visa. For example, a Skilled Worker Visa or Health and Care Worker Visa if your qualifications and work experience indicate that with sponsored employment, you would easily meet all the eligibility criteria for a Work Visa.
For visa refusal and expert immigration legal advice, get in touch with our UK Visa Refusal Lawyers.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, and Urdu/Punjabi.
Appointments are available for phone, online, and in-person consultations at our London offices.
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