A Complete Guide to Appeals and Challenging Visa Decisions

If your visa has been denied, it is essential to understand your appeal options. In this guide, our specialist UK immigration lawyers outline the appeal routes and explain how to challenge visa decisions.

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The guide covers:

• Introduction to UK visa appeals
• Common reasons for visa refusals
• What are your options after being refused a visa?
• Types of visa appeals
• Judicial review
• How to appeal a visa decision
• Supporting evidence for visa appeals
• Appeal hearing process
• Tips for success in challenging a visa decision
• FAQs on visa appeals and challenges
• About OTS Solicitors

Introduction to UK visa appeals

Not every UK visa refusal can be the subject of an immigration appeal. It's essential to understand whether you have a right of appeal and the alternative options available. These options can include making a fresh visa application or switching to a different visa route where your prospects of securing a UK visa are improved.

If the Home Office refuses your visa application, a Home Office refusal letter will explain whether you have a right of appeal and the applicable time limits.

Common reasons for visa refusals

Common reasons for visa refusals include:

1. Not submitting the correct paperwork or the documents needed to show you meet the visa or asylum eligibility criteria.
2. Not paying the correct visa fee.
3. Not explaining the circumstances of your visa application and why you meet the eligibility criteria.
4. Not explaining, with reference to the Home Office guidance, why a Home Office official should exercise discretion in your favour and grant your visa or asylum status.
5. Previous immigration history.

These common reasons cover numerous visa scenarios, such as:

1. A Spouse Visa applicant’s sponsoring partner was previously married, and the first marriage was viewed as a sham by Home Office officials.
2. A Home Office caseworker did not believe that a sponsoring employer had a genuine vacancy when recruiting a Skilled Worker Visa applicant.
3. A Visitor Visa applicant did not adequately demonstrate their ties to their home country.
4. A Family Visa applicant did not provide sufficient evidence of how their sponsoring partner met the financial requirement, or adequately explained why the Home Office should exercise discretion.
5. An international student did not complete the correct Student Visa application.

What are your options after being refused a visa?

Your options after a visa refusal are:

1. Appeal the decision.
2. Apply for a judicial review of the decision.
3. Ask for an administrative review of the caseworker’s decision.
4. Apply for the visa again by making a new application.
5. Apply for a different type of visa.

Your options after being refused a visa depend on:

1. Whether you have a right to appeal.
2. The reasons given by the Home Office for the visa refusal.
3. Cost and timescale considerations.

There are strict time limits within which you must appeal, apply for a judicial review or ask for an administrative review.

If you are living in the UK, you must act promptly before your current visa expires to avoid overstaying, as that will affect your immigration record. Visa appeal solicitors recommend taking specialist immigration legal advice on your options as soon as you receive notification from the Home Office that your visa application has been refused.

Types of visa appeals

Your response to a visa refusal will depend on whether you have the right to appeal or if your options are limited to applying for an administrative review, making a new visa application, or an alternative visa application.

Examples of applications that carry a right to a UK visa appeal are Family Visas, human rights and asylum claims and EU Settlement Scheme claims.

·      Appeals of family visas

Unsuccessful Family Visa applicants have a right of appeal if they referred to human rights grounds in their visa application. For example, the right to family life under Article 8 of the European Convention on Human Rights. A spouse visa solicitor will include human rights arguments in your application to base an appeal on in case you receive a visa refusal.

·      Human rights and asylum appeals

Applicants who refer to human rights arguments in their visa application or asylum claim have the right to appeal if the Home Office refuses their human rights-based or asylum claims. The asylum appeal process involves an application to the First-tier Tribunal (Immigration and Asylum Chamber).

·      EU settlement scheme appeals

Some EU Settlement Scheme applications carry a right of appeal. For example, applicants who apply for a family permit or rights under the EU Settlement Scheme have the right of appeal, provided the time limits are met.

Judicial review

In a judicial review application, the court is asked to review the lawfulness of a decision made by the Home Office or an immigration tribunal. Unlike a UK visa appeal, you are not challenging whether the Home Office or tribunal decision was correct, but challenging the lawfulness of the decision-making process.

Judicial review applications are typically viewed as the last resort after other appeals and remedies have been exhausted. Some unsuccessful visa applicants are hesitant to pursue a judicial review application due to the costs. However, judicial review solicitors recommend approaching the application with an open mind, as in many situations, a resolution can be reached before formal court proceedings commence.

The first step in the judicial review process using the Pre-Action Protocol (PAP) is to send a PAP letter outlining the merits of the planned judicial review application. A carefully worded PAP letter can result in a Home Office official reconsidering their original decision before judicial review proceedings are started.

How to appeal a visa decision

Appealing a visa decision is a significant step, so it's best to speak to a specialist immigration lawyer about your options before committing to an appeal. Applying for an administrative review or submitting a new or substitute visa application may be the quickest and most effective way to secure entry clearance.

If an appeal is the right option in your circumstances, you need to comply with the time limits to commence an appeal. If the application was made from within the UK, you have 14 days to appeal from the date the Home Office decision was sent. If you applied for the visa from outside the UK, you have 28 days to appeal after receiving the Home Office visa decision. You can try to appeal outside of these short time limits, but the court will need sufficient evidence about why they should exercise discretion in your favour.

Supporting evidence for visa appeals

The supporting evidence you need for a successful visa appeal is very case-specific. UK immigration appeal lawyers will carefully consider your grounds for appeal and then frame the evidence around the grounds. For example, if your Spouse Visa application was refused because the Home Office official did not think your sponsoring partner met the financial requirement, all your evidence will be financial paperwork, such as bank statements or letters from an accountant if your spouse is self-employed.

Your supporting evidence to appeal immigration decision must be laser-focused on the reasons for the visa refusal. A visa appeal solicitor can assess the quality of the evidence you can provide and advise on the optimum type and amount of evidence to submit.

Appeal hearing process

The appeal hearing process depends on the appeal the appellant requests. An appellant can usually either ask for their appeal to be dealt with on the papers and without an appeal hearing, or request a hearing before the First-Tier Tribunal (Immigration and Asylum Chamber), so your case can be fully argued.

The hearing process will be determined by the tribunal judge, who may want to hold directions hearings to resolve evidential issues or to decide the format of the appeal.

The appeal hearing is like a court hearing. The appellant and the Home Office will present their cases for and against the visa appeal. After considering the evidence and submissions on the immigration rules and law, the immigration judge will decide the appeal. It is usual for a judge to reserve their decision rather than make an immediate decision after the evidence has been presented.

If the appeal is successful and the tribunal finds in your favour, the Home Office may be directed to reconsider the visa application. If the appeal is not successful, you may have further appeal options, such as appealing to the Upper Tribunal (Immigration and Asylum Chamber).

Tips for success in challenging a visa decision

Tips for success in challenging a visa decision include:

1. Take immigration legal advice when making the visa application, as an experienced immigration solicitor will ensure that your application is framed in a way that guarantees the best chance of success or includes human rights claims that will give you the right to appeal if your application is refused.
2. Talk to visa appeal solicitors as soon as you receive the refusal notification from the Home Office that your visa application was unsuccessful. It's essential to take specialist immigration advice as quickly as possible because the appeal timescales are tight, and your UK immigration lawyer may suggest that additional evidence is obtained to appeal against Home Office decision successfully.
3. Focus on the reasons for the Home Office visa refusal and work with your appeal lawyer to identify the best evidence to use in the appeal process.
4. Do not assume that an appeal is the best or only way to secure a visa. Your immigration solicitor may recommend an administrative review application or a judicial review, depending on the circumstances leading to the refusal.
5. If you did not take immigration legal advice or did not use a specialist lawyer, you can change solicitors to ensure you get the expert review and immigration appeal advice you require to mount a successful appeal.

FAQs on visa appeals and challenges

How much does it cost to appeal a visa refusal?

The costs of challenging a visa refusal depend on the recommended course of action. An administrative review application incurs an £80 Home Office fee. However, an administrative review application is only appropriate when it is apparent that a Home Office official made an error when processing the visa application.

An immigration solicitor will explain the options, costs, and timescales, as well as the reasons for recommending an appeal, judicial review, or a fresh visa application.

Can I appeal any visa decision?

You cannot appeal UK visa refusal in all cases of visa denial. That’s why it is important to get immigration legal advice on your best visa route and the evidence you need to submit to help you secure your visa.

What is the difference between an appeal and judicial review?

In an immigration appeal, you are asking a tribunal to say that the Home Office made the wrong decision by not applying the law or not considering your circumstances correctly. In judicial review proceedings, you are challenging the process by which the visa decision was made, rather than the decision itself.

How long do I have to lodge an appeal after a visa refusal?

You have 14 or 28 days to appeal visa refusal, depending on whether you applied for the visa from within the UK or overseas.

Can I reapply for a visa instead of appealing the decision?

You can apply for a new visa rather than appeal an immigration decision, but in some circumstances, UK immigration lawyers will recommend an appeal.

If a new visa application is submitted, it must address the reasons why the Home Office rejected the original application.

Can I stay in the UK while my appeal is being processed?

Appealing against the refusal of a visa or asylum claim does not guarantee you the right to stay in the UK until you have exhausted all avenues of appeal. Whether you can stay in the UK until your appeal(s) are determined will depend on whether you had valid leave to be in the UK when you made your visa application, the reasons for the refusal, and your circumstances. An immigration solicitor can advise on the risk of your being asked to leave the UK while your appeal is pending and what you can do about it.

What is the role of the first-tier tribunal in visa appeals?

The First Tier Tribunal (Immigration and Asylum Chamber) hears appeals against asylum decisions and Home Office visa refusals where there is a right of appeal. If unsuccessful, you may be able to appeal the first-tier decision to the Upper Tribunal.

Will my appeal decision affect future visa applications?

An appeal decision may affect future visa applications. For example, if you had a visa denied because the Home Office concluded there was an element of deception, a successful appeal may help you secure further visas and to settle in the UK once you qualify for Indefinite Leave to Remain.

About OTS Solicitors

OTS Solicitors specialise in immigration law. Based in London, our immigration lawyers advise visa applicants and those appealing against a visa refusal, as well as those requiring legal assistance with their asylum appeal process, from across the UK and globally.

UK immigration law is complex and subject to frequent changes. Appeal routes and processes are equally complicated. You can be confident in your choice of OTS Solicitors as your visa appeal lawyers because we:

1. Have a proven track record of positive outcomes in visa applications, resolving visa issues, administrative reviews, PAP letters, judicial reviews and in appealing asylum decisions.
2. Are accredited by the Law Society for immigration work.
3. Are ranked in the two leading law directories, Legal 500 and Chambers Guide to the Legal Profession.
4. Have received excellent reviews on Google and Trustpilot for our immigration legal assistance and appeal visa refusal advice.
5. Combine our knowledge of UK immigration law and the appeals process with attention to detail, spending time getting to understand your visa options and appeal and by robustly and expertly presenting your case to the Home Office or immigration tribunal.

Contact our UK Immigration Lawyers for Expert Immigration Appeal Advice.