What to do if your UK immigration visa application is refused – practical steps and expert advice - Part 2

Evaluating Your Options Following a Visa Refusal

If your UK immigration visa application is refused, it is essential to review the refusal notice carefully to evaluate future options. Available options depend on the visa you applied for, grounds for refusal and whether appeal or admin review option has been granted to you in the decision letter. Once must also bear in mind deadlines set out in the decision letter from UK Visas and Immigration (UKVI).

Determining Eligibility for Appeal or Administrative Review

Not all UK visa refusals carry a right of appeal. Your refusal notice will confirm whether you have:

• A right of administrative review – generally available if your application was refused under the points-based immigration system or certain other routes. You may be able to avail admin review option where you believe an error was made in the decision-making process.

• A right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) – generally available in family applications, human rights, asylum claims and protection claims or EU Settlement Scheme applications.

  
  

Strict deadlines apply:

• Administrative review – should you wish to apply for an admin review of your decision than generally, you are required to do so within 14 calendar days of receipt of your decision, if your application was submitted from within the UK. If your application was submitted from outside the UK, then time limit to submit admin review is generally 28 calendar days.

• Appeal – should you wish to appeal your adverse decision, then generally appeal should be submitted within 14 calendar days of the date of decision or receipt of decision. If your application was submitted from outside the UK then you generally have 28 calendar days to submit your appeal.

If your application does not carry a right of appeal or review, you may be able to reapply with stronger evidence or pursue a different immigration route.

Addressing Immigration Breaches or Previous Refusals

If your refusal is due to previous immigration breaches, such as overstaying, working without permission or using deception, you may face re-entry bans anywhere from 1, 2, 5, or 10 years depending upon your immigration history and historical behaviour.

In some exceptional cases, you may still be able to make an immigration application to the UK, based on compelling or compassionate grounds, such as serious medical needs or family life under Article 8 of the European Convention of Human Rights. These applications usually require substantial and strong supporting evidence and correctly drafted application. To maximise your chances of success it is strongly recommended to obtain appropriate legal advice.

Time Restrictions and Waiting Periods

Your refusal letter will confirm any time limits you need to consider in exercising your available and appropriate options. If you miss the deadline for an appeal or administrative review, your right to challenge the decision in that way will normally be lost.

In some cases, you must wait before reapplying — for example, if your refusal triggers a re-entry ban. In other situations, you may reapply immediately, provided you address the reasons for refusal and meet all the relevant immigration rules.

Preparing to Reapply for a UK Visa

If you decide to reapply, you should focus on strengthening your application and directly addressing the reasons for your previous refusal.

Strengthening Financial and Employment Documentation

UKVI expects clear proof of your financial and employment situation.

Ensure all documents are official and up to date.

Demonstrating Ties to Your Home Country

To satisfy UKVI that you will leave the UK at the end of your visit (if applying for a non-settlement visa), provide appropriate and strong evidence to support your application.

Ensuring Compliance with Application Requirements

Before submitting your application, carefully check your application that is accurately completed. All supporting documents required by the Immigration Rules are included and in the correct format.

Getting Professional and Legal Support

Consulting an Immigration Solicitor or IAA-Regulated Adviser

To avoid adverse decisions you should seek immigration advice from the outset from a qualified UK Immigration Adviser. UK Immigration lawyers will be able to review your refusal letter and identify errors or omissions. Advise on the best route forward, eg., appeal, administrative review or reapplication. Your immigration lawyers can also represent you in appeal hearing at the tribunal. Immigration advice in the UK is regulated, so ensure you only use qualified professionals.

Utilising Employer or Educational Institution Assistance

If you applied for a work visa, your sponsor (employer) may be able to provide additional or updated documents to strengthen your case. This might include a revised Certificate of Sponsorship (CoS) or an updated employment letter.

If you applied for a student visa, your education provider may be able to issue an updated Confirmation of Acceptance for Studies (CAS) or provide additional supporting evidence.

Both employers and educational institutions may also be able to refer you to reputable immigration lawyers or advisers.

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.