The SmartMove2UK – UK visa refusal consultant in India, talks about the refusals of UK visas and what is the process to overturn a refusal.

An application for any visa may be rejected by the Home Office if it does not meet the requirements of the visa. The application may be invalid or the applicant would not meet the requirement of the visa.

The requested visa will allow the applicant to travel for the stated purpose.

If the UK Immigration Office determines, based on the information provided in the visa application form, that the applicant has no justification for visiting the UK, it may decide to refuse the applicant’s request for a visa. Further to that, the applicant will receive a Letter of Refusal, stating the reasons for which the entry is denied.

The letter will also state the rights of the applicant, based on the visa category they had applied for. The rights will include one of the following:

• Administrative Review
• Appeal to First Tier Tribunal
• Judicial Review.
• Re-apply

To know more talk or have a chat with our expert today! The SmartMove2UK – UK visa refusal consultant in India

typically the following applications have a right to an Administrative Review:

• Tier 2 visa (now known as Skilled Worker visa, Senior Specialist Worker visa).
• Short-term Work visas.
• Student visas.
• Tier 1 Entrepreneur visa (extension).
• Tier 1 Investor visa (extension).
• EUSS.

A person who applies on or after the relevant date and has received an ‘eligible decision’ may apply for an Administrative Review.

It is mentioned on the application refusal letter if the applicant can ask for the decision on the visa application to be reviewed. This is known as an ‘Administrative Review ’.

The cost for this process is £80. The fee of Administrative Review is refunded if the refusal is overturned. Whether the applicant can request a review of the decision regarding their visa application, will be stated in the refusal letter. This means that, provided the following requirements are met, the applicant may submit an application for an Administrative Review:

• The visa request was denied on April 6, 2015, or later.
• Applied from a location outside the UK where you are based.
• Not permitted to appeal the rejection.
• Failed to submit an application for a Short-Term Student visa or a Visitor visa.

Within 28 days of receiving the decision on the denial, an Administrative Review may be requested. For any mistakes in the review application, the decision will be reviewed again. No additional data or documents must be submitted until specifically requested to do so.

The steps in the application process for an Administrative Review are as follows:

• Getting the Administrative Review Request Notice
• Filling it out, and sending it

The applicant will be informed of the Administrative Review’s result within 28 days. Unless the outcome of the review revealed new justifications for the visa denial, the applicant cannot ask for a second review. The applicant might be eligible to request a Judicial Review if they feel that the review was not conducted properly.

If the applicant’s right to appeal has not been granted, they may request an Administrative Review from within the UK. Within 14 days of receiving the judgement, a request for an Administrative Review must be submitted. The applicant has 7 days to apply if they have been detained. The cost for this process is £80. The fee of Administrative Review is refunded if the refusal is overturned.

Similar to when applying from outside the UK, the applicant will be informed of the review’s findings within 28 days. A second Administrative Review cannot be conducted unless the findings revealed fresh grounds for the visa denial to the UK.

Even if the visa has expired, the applicant typically won’t be expelled from the UK until the Administrative Review conclusion arrives.

A. Having the visa revoked at the border: If the visa was revoked at the border for one or more of the following reasons, the applicant may request a review of the decision.

• There has been a shift in the applicant’s circumstances
• The applicant provided misleading information
• The applicant failed to include crucial facts in the application

B. If the applicant was permitted to enter the UK temporarily: Within 14 days of receiving the judgement, a request for an Administrative Review must be submitted. The applicant has 7 days to submit an application if they have been detained. The application must be submitted from the UK.

C. Having the visa revoked at a border crossing outside the UK: Any of the following cities may request an Administrative Review within 28 days of the cancellation of the visa:

• Paris
• Brussels
• Dunkirk
• Coquelles
• Calais
• Lille

The applicant will be informed of the Administrative Review result within 28 days. Keep in mind that the applicant cannot ask for a second review unless the outcome of the first review revealed fresh justifications for the visa denial.

Appealing against a decision of the Entry Clearance Officer for Entry Clearance visa applications – revealed by UK visa refusal consultant in India

This is the first step in the appeal process; the grounds of appeal are filed before the First Tier Tribunal countering the reasons for refusals and providing rebuttals on the same. Drafting the grounds of appeal in an organized way can help the applicant get a favorable application outcome.

Applicants can file an appeal to the tribunal if they have been given a legal right to appeal – this is mentioned in the Notice of Refusal received by the applicants.

Appeal rights are typically granted for refusal of applications by the British High Commission Post or Home Office in the following categories:

• Refusal of Leave to Remain, extend leave, and variations (i.e. Curtailment) of leave in the UK as Fiancé, Spouse, Dependent Children, Civil Partner, Unmarried Partner, or as a Dependent.
• Refusal of Entry Clearance under Fiancé visa, Spouse visa, Dependent Children visa, Elderly Dependent visa, Adult Dependent visa, Civil Partner visa, Unmarried Partner visa, Family Visitor visa, etc.
• The decision to deport someone already in the UK.
• Decision to ask the person to leave the country from the airport.
• Refusal to allow someone asylum in the UK.

• • A decision to refuse a Human Rights Claim for Entry Clearance.
  • A Human Rights or protection refusal (where the applicant can only apply after they have left the country).
  • A decision by the Home Office to deport the applicant as a European Economic Area (EEA) National.
  • The application for an EEA family permit as a family member of an EEA National was refused by the Home Office under the EEA Regulations.
  • Certain decisions about applications submitted before 06 April 2015.

• • • The applicant’s human rights or protection claim has been refused while in the UK.
    • A decision made under the European Economic Area (EEA) Regulations, e.g. the Home Office has refused to issue a residence document.
    • A decision by the Home Office to deport the applicant (as an EEA National).
    • A decision where the applicant has been detained and the decision letter was sent by the Detained Asylum Casework team at the Home Office.
    • A decision to revoke the applicant’s UK citizenship.
    • A decision to revoke the applicant’s protection status.
    • Certain decisions about applications submitted before 6 April 2015.

Where the Home Office (UKVI) has refused an application for entry clearance or leave to remain and has not granted a right of Appeal against the Refusal of the application, such a refusal can be challenged by way of Judicial Review (JR) within 90 days from the date of the refusal letter.

Per Civil Procedure Rules, a Pre-Action Protocol (PAP) notice must be sent to the Home Office (UKVI), allowing them at least 14 days to review their decision and change their decision considering the information/documentary evidence given through the Pre-Action Protocol letter. The main aim of the PAP is to avoid unnecessary litigation.

It is possible that because of the Pre-Action Protocol letter, the Home Office (UKVI) may review their decision to refuse the application and either maintain the refusal or grant approval on the visa application.

If the decision to refuse is maintained or the Home Office does not respond to the Pre-Action Protocol letter within the stipulated time, applicants can apply to the Upper Tribunal for permission to apply for Judicial Review.

Such an application is made on papers; the court will refuse and grant permission on papers without a court hearing.

Any visa application can face a refusal from the UK Immigration authorities for a number of reasons, including those listed below. The following are the most typical reasons why a UK visa would be rejected: