Visa refusals and appeals

Receiving a visa refusal can be extremely distressing, particularly for those seeking to join family members or take up employment in the UK.

When you receive a visa refusal, the Home Office must provide written reasons explaining why your application was refused. This refusal notice is crucial as it:

• Identifies the specific Immigration Rules that the decision maker believes you have failed to satisfy

• Details factual findings that led to the refusal

• Explains whether you have a right of appeal, right to administrative review, or neither

• Specifies the deadline for submitting any appeal or review application

Options following a visa refusal

• Submit a fresh application - appropriate when you can easily address the reasons for refusal (e.g., by providing additional documents), when time is of the essence, when there is no right of appeal or administrative review. You will need to pay new application fees and ensure you comprehensively address all grounds for the original refusal

• Request for reconsideration - appropriate where refusal was based on a clear factual error and/or new compelling evidence becomes available post-decision and there is no formal right of appeal or review. You will need to submit a letter to the Home Office outlining the error and requesting reconsideration, including any additional evidence not previously considered. Success rates are generally low as there is no formal mechanism requiring reconsideration

• Administrative review - available for many work visas including Skilled Worker, Global Talent, and Intra-Company routes and some family route extension applications (but not initial entry clearance). Relevant where you believe the Home Office made an error in applying the Immigration Rules. Timeframe for in-country applications is 14 days from receiving the decision and with entry clearance applications, 28 days from receiving the decision.

• Right of appeal - a formal appeal right is significantly more robust than administrative review, involving independent judicial consideration of your case by the First-tier Tribunal (Immigration and Asylum Chamber). Visa types with appeal rights are :-

  • Family visas under Appendix FM (spouse/partner, parent, child)

  • Applications refused on human rights grounds

  • Protection claims (asylum and humanitarian protection)

  • EU Settlement Scheme applications

  • Some European Economic Area (EEA) family permit applications

It follows that there are no appeal rights for refusal of Work visas (Skilled Worker, Intra-Company, etc.), student visas, visitor visas and most other Points-Based System applications.

Appeals must be filed within 14 days from date of decision and for entry clearance refusals within 28 days from date of decision. Detailed grounds of appeal must be submitted with supporting evidence including witness statements