Appeals Process For Visa Rejections
So you have submitted your visa application and it has been refused, what are your options now? Please do not feel like this is the end of the road - many people have been able to successfully appeal a refusal from the Home Office and you may be able to do so also. With a rejection rate that is well over 10%, a UK visa is not that easy to attain and as such means that the appeal system is very busy.
In this article we look at the system in more detail and discuss the possibility of going to appeal and the process involved in doing so, we also look at what happens if your appeal is rejected and show that even then you may not be at the end of the line.
Is the UK trying to reduce migration?
Yes, the current Conservative Government has been actively trying to reduce migration to the UK since it came to power in 2010. These attempts at reduction mean that getting a UK visa is harder than ever before. As a right-wing political party, the Conservatives are ideologically opposed to mass immigration to the UK and are trying to change/tighten the visa rules to make it harder for migrants to come to the UK to live and work. The tightening of these rules has meant that rejections have gone up over time.
In the next few years the UK will leave the European Union, this change will have a profound effect on the way that the UK handles immigration and may well affect the process that is laid out here, we will ensure that any changes are communicated to you in good time.
Why were you rejected?
It is very important to try and figure out why you were rejected in the first place. There are numerous reasons why your application may have been rejected and these should be made clear to you in your rejection letter. For many people they have simply made a mistake on their application or they have failed to provide the necessary documentation that was required by their application in the first place.
It should be made clear to you in your rejection letter as to why you were rejected and if so, your options for going to an appeal. If you are unsure, then please give us a call and we can help to establish what has gone wrong and if you are able to appeal the decision or even submit the application correctly which we can also help you to do.
How long do I have to appeal?
This should also be laid out clearly in your rejection letter - if you are unclear then please get in touch and one of our immigration specialists should be able to help guide you on what to do next with your application. But the general rule is that if you are in the UK then you will need to appeal within two weeks of receiving your rejection. If you are based outside of the UK, this is raised to 28 days to account for the extra time required to receive your documents and return them.
It is important that you apply for an appeal as soon as possible to avoid any delay and give yourself the best chance of lodging a successful appeal.
How do I appeal?
You can make an appeal through the Government website or you can fill out a form and return it to the Home Office. This should be done straight away (within the first two weeks of receiving your rejection letter). If you are outside of the UK you will have up to 28 days to lodge your appeal.
Do I need to go to court?
If your application to appeal is approved then you will be able to present your case to a tribunal. This process will depend entirely on your case and if you are unsure then you must speak to an immigration specialist like us who can advise you on how to proceed with your appeal.
If there is an oral hearing, you will be able to make representations yourself or appoint someone to make these representations on your behalf. You do not have to use the services of a lawyer, but the complicated nature of immigration law means that you may be much better off having someone who is fully versed in law to speak on your behalf.
What happens after the tribunal?
This will depend upon the result, if the impartial judge finds in your favour you will be granted the visa that you applied for. If you lose your tribunal then you may be entitled to raise it to the Upper Tribunal though you will need to be of the belief that there has been a legal oversight. This path should only be followed if you believe the judge didn't apply the law correctly.
If you have taken on the services of a lawyer, it is at this stage that they may insist that you proceed to Upper Tribunal. Your lawyer will be aware of whether the process was carried out correctly or indeed if you have a right to a further appeal. This is one of the major benefits of taking on legal advice in your case and is why you should consider using an immigration specialist like us before proceeding to appeal.
How we can help
As specialist immigration solicitors we provide help and advice to people who have had their visa application denied. We can help present an appeal and even advise you on proceeding further with your case if we believe that you have not been treated fairly. So don't take chances with your future in the UK, get the experts in to fight your corner and give yourself the best chance of making it to the UK.
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