What to do if your immigration visa has been refused – practical steps and expert advice - Part 1

If your UK immigration visa has been refused, it can feel frustrating and confusing. The most important step is to carefully review the refusal letter to understand the exact reasons for the decision and your options for appeal or reapplication. Knowing the cause helps plan your next step with a clear direction.

You may be able to appeal the decision, ask for an administrative review, or submit a new application with stronger evidence. Each option has specific time limits and mandatory requirements therefore, acting quickly is essential. Understanding these choices can increase your chances of success.

Many people face visa refusals each year, but denial does not mean the end of your journey. With the right approach, advice and legal representation, you can improve your application or challenge the refusal effectively and successfully. This article will guide you through what to do next when your visa is turned down.

Understanding the Reasons for Visa Denial

When your visa is denied, it is important to know exactly why this happened. This involves looking carefully at the official reasons provided in the decision letter, understanding common causes of refusal and knowing which parts of UK immigration rules apply to your application. Doing this helps you decide what to do next.

Common Grounds for Refusal

Your visa application can be refused for many reasons. The most frequent include missing or incorrect documents, lack of proof that you will return home after your stay and doubts about your financial ability to support yourself.

Other common reasons involve security concerns, previous immigration violations, or failing health checks. You might also be refused if the decision maker believes your purpose of visit is not genuine or if you provided inconsistent information. Knowing these common grounds can help you prepare better if you decide to apply again.

Reviewing the Refusal Letter

When your visa application is rejected, you will receive a refusal letter with reasons for decision, to enable you to understand why your application was rejected. It often refers to rules or laws to explain the decision.

Read this letter carefully. It tells you what evidence or information was missing or insufficient. Sometimes, it advises whether you can appeal, request a review or simply reapply. Keep this letter safe, as it is key to understanding your situation and planning your next steps.

Relevant Sections of UK Immigration Law

Your visa application is reviewed under specific parts of UK immigration rules for example health, criminal records or security issues. Knowing which law applies to your case allows you to focus in overcoming specific hurdles. You should seek legal advice to understand them better.

Immediate Steps to Take After a Denial

After your visa application is denied, it is important to carefully review the reason for refusal and collect any supporting documents that may strengthen your case. You should get in touch with UK Immigration lawyers to understand your options and next steps.

Analysing the Immigration Officer’s Decision

Read the refusal notice carefully, which explains why your visa was refused under UK immigration law. Common reasons include incomplete application, lack of proof of ties to your home country or missing financial evidence.

Focus on understanding the specific section of the law cited in your refusal. This helps you decide whether to request a review, appeal the decision or reapply. Keep a copy of the refusal notice as it is essential for any future applications or legal consultations.

Gathering Supporting Evidence

Once you know why your visa was denied, start gathering evidence to address those issues and shortfalls. This could include additional financial records, proof of employment or documents showing strong family or community ties to your home country.

Organise your evidence clearly, using labelled folders or lists. Make sure to include any new information not submitted in your first application. Adding strong supporting evidence can improve your chances if you decide to appeal or reapply.

Contacting the UK Immigration lawyers

Contact the UK immigration lawyer as soon as you can to obtain appropriate advice with regards to future steps. They can provide guidance on the refusal reasons and explain your options for review or appeal under the UK immigration rules.

Bear in mind there are always deadlines for submitting further documents or filing an appeal. Keep records of all communications for your reference.

Third Party Support in Appendix FM applications

Applicants for UK entry clearance or leave to remain under Appendix FM (including spouse visas, civil partner visas, unmarried partner visas, fiancé visas and proposed civil partner visas), must meet strict financial requirements. This should be proven by employment, self-employment, property/rental income, dividends, cash savings or pensions income. If an application is granted based on a third party support, the applicant is placed on a 10-year route to settlement, rather than the standard 5 year route.

When is third party support permitted?

Third Party financial support is not generally permitted.

Third party support is allowed only in exceptional circumstances where:

1. The applicant cannot meet the financial requirement using standard permitted sources, and

2. Exceptional circumstances exist, such that refusing the application would breach Article 8 of the European Convention on Human Rights (ECHR), leading to unjustifiably harsh consequences for the applicant, their partner or a relevant child.

What is exceptional circumstances?

Exceptional circumstances should be such, that could demonstrate that the refusal of the application would infringe the right to private or family life (Article 8 ECHR), owing to consequences that are more severe than the public interest can justify – considering factors like effective immigration control, burden on the taxpayer and integration etc.

Who counts as a ‘relevant child’?

A ‘relevant child’ is:

- Under 18 years old at the time of applying; and

- Evidently affected by the refusal of the application.

Their best interests must be a primary consideration.

Section 55 of the Borders, Citizenship and Immigration Act 2009

Section 55 of the Borders, Citizenship and Immigration Act 2009 is a UK law that requires the Secretary of State to make arrangements so that immigration, asylum and nationality functions are carried out while giving primary consideration to the need to safeguard and promote the welfare of children in the UK. This duty applies to the Secretary of State's functions and those of other persons, such as immigration officers and contractors, who perform these functions. Key aspects of this duty include fair treatment, considering a child's interests, and providing services with regard to their physical and mental health, and intellectual, emotional, social, or behavioural development.

What evidence is required for Third Party Support?

Under Appendix FM-SE (paragraph 21A), it is assessed on:

- A credible, sustainable guarantee of support from a third party;

- Documentary evidence that is signed, dated and independently verified;

- Details of the third party’s financial situation and history of prior support;

- An assessment of how much the applicant relies on this support; and

- Likelihood of change in the third party’s financial circumstances or relationship with the applicant during the leave period.

Do you need help with third party support?

If you need help with third party support in an Appendix FM application, our team can assist with your application process.

You are welcome to contact us should you wish to discuss your immigration matter in detail. We shall be pleased to have a consultation with you as per your convenience. We will be happy to assist with your complete immigration application process. Email us on office@arukvisa.co.uk or call us on 07548856403 or complete and submit our contact form.