You can file for a review or an appeal after being granted refusal for a visa application to enter or leave to remain in the UK. The path that you wish to choose to seek redress depends on your own personal circumstance and under what provisions of Immigration Rules your application have been refused. Every day our visa consultants in Chandigarh at The SmartMove2UK receive several queries related to this very question or similar questions about UK Visa refusals and any possible appeal process.
There are three types of legal recourse that you can choose for your application to be reconsidered by the Home office which is listed as follows:
The first and the most primary form of recourse that you can opt for is an administrative review. The procedure for this type of review basically consists of your visa refusal letter being sent to another entry clearance officer or immigration officer to reconsider the circumstances of your case.
An administrative review can only be considered as a means of recourse under the following circumstances if you’re applying from outside the UK:
- If you’re outside the UK or have applied outside the UK
- If your application was refused on or after 6th April 2015
- If you don’t have a right of appeal against the visa refusal
- If you didn’t make an application as a visitor or a short-term student
In case if you’re applying against a visa refusal from inside the UK, our
UK Visa Consultants in Chandigarh urge you to consider applying for an administrative review under the following circumstances:
- If your application was refused
- If you’re unhappy with the number of condition or amount being imposed with regards to your leave.
First-tier Tribunal (Immigration and Asylum Chamber):
The second form of legal recourse in the hierarchy of seeking redress is appealing to the First tier-tribunal. The tribunal is an independent body which listens to both the sides of the case and thereafter passes a decision or judgemental on the basis of evidence and facts of the said case.
You can appeal to the First Tier Tribunal under the following circumstances if you’re applying from outside or inside the UK:
- If your claim is under humanitarian grounds or human rights which is refused
- If any decision has been made under EEA regulation
- If your British citizenship or protection status has been revoked.
- If you have a legal right to appeal
Upper Tribunal (Immigration and Asylum Chamber):
You can opt for a review in the upper tribunal if you think there has been an error of law or lack of procedural rules being implemented on the part of the First Tier -Tribunal with the permission of the First Tier-Tribunal.
This right to redress is bound to certain discretion. The legal procedure of UK is known to be quite rigid and exhaustive if the right balance of guidance and expertise knowledge is not implemented to guide you through this route. The SmartMove2UK is a premium niche immigration firm with UK Visa consultants in Chandigarh dealing with such Visa refusal and appeal cases with panache since a decade with a solid success rate backing it up with our innumerable testimonials to attest to our claim.