Not all visa applications or requests for leave to remain in the UK are approved.
There are times when the Home Office decides to decline an application, but it doesn’t have to be the end of the road.
There is often a way to dispute the decision by going through the court system. Although it’s not a guarantee that the refusal will be overturned.
If you are facing deportation from the UK, or your visa application was rejected, keep reading to find out what your options are.
If an application for a visa, settlement or asylum has been refused by the Home Office, there are two ways to challenge the decision.
The first step is to lodge an appeal. This is a legal process to request a review of the decision, which may or may not be granted.
Then there are some cases where an appeal is not an option. If this happens, you can request an administrative review instead.
Let’s find out how it all works.
There are several situations when you can appeal a decision. You can submit an appeal if:
The appeal will be lodged with the First-tier Tribunal (Immigration and Asylum Chamber), which deals with legal disputes in immigration.
You can appeal either inside or outside of the UK, depending on your situation.
If you’re inside the UK, you need to submit the request within 14 days from the date of the original decision. If you are outside the UK, you have 28 days to make the appeal.
It’s recommended to fill out the appeal form online, although there are also options to submit the paperwork by post or fax. In today’s digital world though, appeals are quicker when using the online forms.
Then there are two ways for how the appeal takes place.
The tribunal will make the decision based on the details provided in the online appeal form, or you can request a public hearing. If you have a hearing, you can represent yourself or have legal representation.
Once the appeal has taken place, you will receive a letter with the decision within four weeks. The request will either be approved or dismissed.
If the appeal is approved, it means the Home Office will review its original decision. If it’s dismissed then the decision for removal will be upheld.
And finally, as with most legal and immigration processes, there is a fee involved. An appeal costs £80 without a hearing (online form) and £140 with a hearing.
For some people though, it may not be possible to pay the fees. In this case, there is financial support available if you need it. You can find out more about the options available at the government website.
This is a legal process for when a person doesn’t have the right to appeal. Or, a visa has been cancelled at the border.
But, if you applied as a visitor or a short-term student, this option isn’t available.
Like the appeals process, you can request an administrative review either from inside or outside the UK. But it must be done within 28 days of the original decision if you’re outside the UK, and in 14 days if you’re in the country.
If you’ve been detained, you have to apply within seven days.
As with the appeals process, the application form for the administrative review is online. This is an opportunity to point out any errors in the original decision. The success of the review will be based on those errors, so it’s important to be clear and thorough in the application.
Once the form has been submitted, most people get a result within 28 days. Like the appeals process, if the application is approved, the original decision will be reviewed. But you can’t apply for another administrative review if the application is denied.
If you’re in the UK when you apply, it’s important that you don’t leave the country or apply for another visa before getting the decision. If you do, the application will be cancelled.
Again, there is a fee involved. An administrative review costs £80 for applications from inside and outside of the UK.
Immigration can be a complex topic with different exceptions and application processes. Plus, there is the added factor of personal circumstances and real human emotions.
Although most information about UK visa issues is online, it can still be hard to navigate the rules of immigration.
If you’re facing removal and want to challenge the Home Office decision, we recommend researching your rights and seeking legal advice if needed. That way you stand the best chance when lodging an appeal or requesting an administrative review.
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