This relates to UK visa reapply or appeal: what to do after refusal? In fact, after receiving a refusal letter, most of the applicants are not really sure whether to reapply a UK visa or appeal against a refusal decision. And also like to know the chances of getting a visa after a reapplication. Therefore, the post tries to answer faqs such as why applicants receive a UK visa refusal letter and when it is better to reapply. Perhaps, this will help applicants who intend to reapply after refusal such as reapplying for the UK visit visa after refusal or appeal against a spouse visa refusal. According, the post also provides guidance on UK visa reapplication time and covers the following topics:
- UK visa reapply or appeal: what to do after rejection?
- UK visa reapply or appeal and the reapplication time
- When a legal challenge becomes inevitable?
UK visa reapply or appeal: what to do after rejection?
Well, perhaps, there is no straight-forward answer to when to appeal or reapply a UK visa after rejection. However, if either a reapplication or reconsideration has not worked then it may worth to take legal action. Apparently, a UK immigration appeal or a judicial review constitutes a legal action against a refusal decision. Please note: if either no right or limited right of appeal is stated in the refusal decision then an applicant can file a judicial review against the refusal decision.
In the event of a refusal decision, usually, there are two possible available actions:
1. To furnish a reapplication and address the issues highlighted in the rejection letter, or
2. To file either an appeal or a judicial review against a refusal decision
Perhaps applicants don’t feel good after receiving a refusal letter. However, it is a legal requirement to serve a written notice to an applicant for an appealable as well as for a non-appealable immigration decision. And also for a void or invalid entry clearance, leave to enter or remain and administrative review application. Accordingly, in case of a refusal decision, an applicant receives a written refusal letter, which states the reasons and grounds of refusal.
In fact, the Immigration (Notices) Regulations 2003, require the Home Office to also serve a notice of decision whenever an appealable decision is made. And the refusal letter states that the decision is appealable. Moreover, the decision-maker also need to enclose a notice of appeal forms such as IAFT 5 or IAFT 6 with the refusal letter. Therefore, only in case of an appealable decision, an applicant has an option of whether to reapply or appeal. Perhaps, the appealable applications mainly relate to spouse and family settlements, human rights etc.
Moreover, a notice of non-appealable immigration decision for leave to remain (or vary leave to remain) is served under the Immigration (Leave to Enter and Remain) Order 2000. Furthermore, in terms of paragraph SN1.2 of Appendix SN to the Immigration Rules, notices relating to void, invalid and administrative reviews are served. Therefore, in case of a non-appealable decision, an applicant has an option of whether to reapply the UK visa or file a reconsideration, administrative or judicial review. Perhaps, the non-appealable applications mainly relate to UK visitor visa, Tier 1 entrepreneur, Tier 2 General etc.
Perhaps, for genuine applicants, there are always considerable chances of getting a UK visa after rejection. For instance, the appeal success rate is approximately more than 50%. Moreover, a considerable number of applicants get a favourable decision by filing an administrative and judicial review. And yes, of course, there are pretty good chances of getting a UK visa after a reapplication, especially if a decision-maker has made glaring mistake i.e. overlooked the obvious and critical facts and supporting documents of the case!
Perhaps, the possibility of getting a visa in the very first instance greatly depends on the personal circumstances of the applicant. And also on the quality of the UK visa application. However, the success rate by country and type of application is also a good proxy to determine the chances of getting a visa. For instance, the success rate for visitor and spouse visa is 89.3% and 78.53%, respectively. Therefore, there are more chances of getting a UK visitor visa then the spouse visa. However, the actual chances for first-time applicants may be less as visa success rate includes the grants after reapplications, reconsiderations, appeals, administrative and judicial review.
Furthermore, the chances of getting a UK entry clearance visa for the first time applicants may vary from country to country. For instance, the success rate from India and Pakistan is around 90% and 70%, respectively. Therefore, there are more chances of getting a visa in the first instance from India than from Pakistan.
Perhaps, each year nearly 25K and 2-3K applicants get a UK entry clearance and leave to remain visa after a successful immigration appeal and judicial review decision. Although, the statistics relating to UK visa after a reapplication are not available. However, the number of applicants, who get a UK visa after a reapplication should be considerably higher than the number of successful appeals and judicial review decisions.
Not really! Perhaps, most of the applicants experience at-least 1-2 refusal decisions during their lifetime. Apparently, it is quite normal to have refusal stamp on the passport. In fact, in terms with the Immigration Rules, the applications are always considered as mutually exclusive i.e. the act of past grants and refusals do not necessitate a favourable or adverse decision, respectively!
Perhaps, the easiest option is to submit a reapplication i.e. re-applying for UK visa after refusal with the correct address of the refusal grounds, along with new evidence and fee. However, most of the applicants don’t know when to reapply as they don’t have a fair idea about UK visa reapplication time. Apparently, there is no timeframe for re-applying after rejection. Accordingly, one does not need to wait for any specific duration of time, such as six months, before re-applying for a UK visa after refusal. Perhaps, one can reapply for UK visa as soon as possible, especially if the grounds of refusal are not tenable.
Perhaps, commonly and rather erroneously most of the applicants think that one needs to wait for a duration of six (6) months before reapplying for a UK Visa, especially in case of re-applying for the UK visit visa after refusal. Perhaps, the only plausible reasoning behind this time duration is the change of circumstances of an applicant. However, six months is not such a long duration that may effectively affect the circumstances of an applicant.
In fact, it is not advisable to submit an ill-advised application again and again. Therefore, there is no need of wasting time, money and energy for an ill-conceived notion. Perhaps, what is required is to understand the requirements for the particular type of application. And also to submit a well-prepared application that has the potential of satisfying the ECO. Accordingly, one can successfully reapply for a UK visa after refusal, especially a visitor visa, if an applicant:
1. reads the refusal letter carefully
2. studies the reasons for refusal in the light of the immigration rules
3. prepares an application, which clarifies the refusal reasons
Quite clearly, there is no legal and administrative limit for reapplications after a refusal under the immigration rules. Therefore, one can reapply as many times as one wishes to! Perhaps, on some websites, it is erroneously mentioned that multiple visa refusals will lead to blacklisting and a permanent ban. Evidently, it is an absolutely false notion. Why? In fact, there is no such thing as a blacklist or permanent ban under the Immigration Rules. Quite clearly, an applicant can only get a deception and re-entry ban up-to 10 years under General Grounds of Refusal. And there is no provision in the general grounds to blacklist an applicant because of submitting a UK visa reapplication after refusal on several occasions! Moreover, the refusal and ban under general grounds are mainly due to an applicant’s adverse behaviour and background. For instance, such as false documents, criminal conviction, character, conduct or associations.
Quite clearly, an applicant can reapply for a UK visitor visa as many times as he/she may like! In fact, the Home Secretary in June 2013 stated, “…….under the new system, anyone refused a visit visa may reapply as many times as they like and can provide additional information in support of their application.”
Therefore, there is nothing wrong in submitting a reapplication as many times as you like! Perhaps, this is also quite true for other types of applications such as spouse settlement, Tier 1 entrepreneur, Tier 2 work visa etc.
No, certainly not. Quite clearly, the purpose of the priority service is to expedite the application processing and not to influence the decision.
Perhaps, at times, an applicant may not need to go for an outright UK visa reapplication. Accordingly, this may be possible if reconsideration for a UK visa refusal is available. However, there is no real time frame for this, and one may waste time waiting for an unlikely occurrence. Apparently, a reconsideration review has limited usability. However, at times it may prove effective for the following types of decisions:
– further, limited or indefinite leave to remain such as spouse visa ILR
– transfer of conditions (TOC)
– no time limit (NTL)
In fact, if an application rejects because of insufficient evidence then it is quite easy to correct the mistake and reapply. after refusal. For instance, if an applicant inadvertently failed to submit bank statements, a medical or English Test result or similar evidence then an applicant may include all the absent evidence with the new application. Moreover, in the reapplication, an applicant may also provide a plausible explanation for not including the evidence in the previous application.
Similarly, where an application was refused because of an alleged absence of proof or insufficient evidence, reapplying is quite a strong option.
At times, due to workload or oversight of the relevant evidence, an ECO might inadvertently ignore evidence submitted with the application. Perhaps, ECOs assesses quite a few applications every day and work under tight deadlines. Consequently, it is quite normal to either overlook a few documents, especially in case of an ill-presented application. Apparently, it becomes hard for an ECO to understand the application. Perhaps, then there is no other option but to make a refusal decision. If this happens, then an applicant may have a couple of options:
1. if the administrative arrangements are available, then the applicant may approach the Entry Clearance Manager and request a reconsideration
2. submit a properly prepared reapplication
Moreover, most of the refusal decisions are due to ill-prepared applications. Therefore, it is important to furnish a clear and well-documented application. If a caseworker doesn’t understand the application then it is not possible to grant a visa.
Nevertheless, some circumstances require a legal challenge such as:
1. the verification process not able to verify the evidence
2. ECO doubts the genuine intentions of the applicant to visit the UK
3. Misunderstanding or mistake about a UK immigration exclusion order
If fact, where the evidence relied on was declined as being from an incomplete or unverifiable source then there is a limited point of resubmitting the same set of documents for the second time, especially, when an applicant can do nothing more. Perhaps, this is quite true in case of getting more than 2-3 refusal decisions. Therefore, in such circumstances, an applicant needs to challenge the decision by way of an appeal or judicial review.
Perhaps, when the ECO in the refusal letter alleges that an applicant is not a genuine visitor with no intention to return to the home country and applicant has no additional documents prove his/her case then an applicant may need to take legal action or at least a professional advice.
In fact, one needs to either appeal or judicial review if there is a previous exclusion order to exclude the applicant from the United Kingdom for a particular period of time. For instance for the use of deception. Perhaps, if there was an obvious misunderstanding or mistake on part of the ECO then it might be plausible to remedy this through a reconsideration request or a fresh application. However, in most of the cases, a legal challenge is quite inevitable in such circumstances.
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- UK Visa Refusal Rate by Country 2017: what you need to know?
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- Human Rights application for entry and leave to remain
- UK visa success rate by country and type of application!
- UK Visa Refusal Reasons: the Top 5 rejection reasons for visitors
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- UK residence card and EEA registration certificate guidance!
- UK Visitor Visa Cancelled under Part V9 of Appendix V
- Spouse visa refusal reasons UK: checklist of 29 possible reasons
Moreover, to know the country-specific details of UK visa applications please refer to Egypt, Ghana, India, Iraq, Jordan, Lebanon, Nigeria, Pakistan, Philippines, Russia, Saudi Arabia, Turkey, UAE and the USA.