UK Visa Reapply or Appeal after Refusal 2023 Reapplications

This relates to UK visa reapply or appeal after refusal in 2023. Accordingly, the article offers guidance on how to proceed after receiving a UK visa refusal letter, specifically addressing the question of whether to reapply or appeal the decision. Following a UK visit, tourist, student, work, or spouse visa refusal, applicants often find themselves uncertain about the best course of action and concerned about their prospects for obtaining a UK visa after rejection. Nevertheless, genuine applicants typically have good chances of securing a UK visa after refusal. To improve the likelihood of success, it is essential to understand and follow the appropriate procedures for reapplying UK visa after refusal or appealing the decision.

1. UK Visa Reapply or Appeal: What to do after Rejection?

Upon facing a UK visa refusal, applicants have several options: reapplication, reconsideration, administrative review, or a legal challenge (appeal or judicial review). However, not all options are available for every type of applicant. The appropriate course of action depends on the type of application and the nature of the UK visa refusal. One can either reapply or choose an available recourse, such as reconsideration, appeal, administrative review (AR), or judicial review (JR).

Note that reapplying after UK visa refusal may not be viable in certain situations, such as after refusal of a leave to remain application or a 10-year ban under paragraph 320.

Temporary Visitor or Tourist Visa UK Refusal

If a UK visit or tourist visa is refused, applicants can reapply or file a judicial review since there is no right of appeal or administrative review. Reapplication is the popular choice after UK standard visitor or tourist visa refusal. Genuine visitors generally have a good chance of obtaining a UK visit visa after refusal. However, in the case of a 10-year ban, the only option is to file a judicial review following UK visit or tourist visa refusal.

Student Visa UK Refusal

After a UK student visa refusal, reconsideration and appeal are not available options. The only choices after UK student visa rejection are reapplication or administrative review. If the administrative review against a UK student visa rejection is unsuccessful, applicants can opt for a judicial review.

Spouse Visa UK Refusal

If a UK spouse visa is refused, applicants can choose to reapply or appeal. Several reasons can lead to the refusal of a UK spouse visa, so there is no one-size-fits-all answer for when to appeal or reapply after UK spouse visa refusal. Depending on the nature of the rejection, applicants can reapply or appeal against the UK spouse visa refusal. However, it is generally better to exercise the right of appeal against a UK spouse, partner, or fiancé(e) visa refusal, rather than reapplying after rejection, if the application is refused on relationship, false documents, or verification grounds.

Work Visa UK Refusal

After skilled worker visa refusal, reconsideration and appeal are not options. The only available alternatives after UK skilled worker visa rejection are reapplication or administrative review. If the administrative review against a UK skilled worker visa rejection is not successful, applicants can file an immigration judicial review.

Refusal of Applications from Inside the UK

Under Section 3C of the Immigration Act 1971, migrants can extend their stay in the UK if they submit an in-time application. As a result, they will not become overstayers while their application remains outstanding, and the conditions applied during their previous grant of leave will continue.

However, after refusal of a leave to remain application, reapplying is usually not advisable, as the Home Office may deem such reapplications as totally without merit, meaning that the migrant is reapplying solely to remain in the UK. In such cases, the Home Office is likely to refuse the reapplication and deport the migrant if their leave to remain has expired.

Reconsideration has limited use after refusal of leave to remain, ILR, or NTL application. Reconsideration is not an application for variation of leave or an appeal, so it does not extend the applicant’s leave under section 3C or 3D of the Immigration Act 1971. A migrant may become an overstayer if reconsideration does not conclude in time.

Therefore, depending on the nature of the leave to remain, ILR, or NTL application, after refusal, a migrant needs to opt for administrative review, appeal, or judicial review instead of reapplication or reconsideration. It is crucial to carefully evaluate the specific circumstances of each case and choose the most appropriate course of action to maximize the chances of a successful outcome.

2. What are the Chances of Getting a UK Visa after Refusal?

Genuine applicants have a significant chance of obtaining a UK visa after refusal. For example, the appeal success rate is over 50%. A considerable number of applicants receive a favorable decision by filing an Administrative Review (AR) or Judicial Review (JR). Moreover, there are good chances of getting a UK visa after reapplication, especially if a decision-maker has overlooked the supporting documents of the case!

Chances of Success for Fresh Application

The likelihood of success in the first instance depends on the applicant’s personal circumstances and the quality of the application. However, the success rate by country and type of application is also a useful indicator to determine the chances of obtaining a visa. For instance, the success rate for visitor and spouse visas is 89.3% and 78.53%, respectively.

Therefore, there are higher chances of getting a UK visitor visa than a spouse visa. However, the actual chances of getting a UK visa in the first instance may be lower, as the success rate includes grants after refusal.

Chances of Success for a Complex Application

The chances of success for straightforward applications are higher than those for complex UK visa applications. A UK visa application may become complex if:

• no additional evidence other than the application form is presented with the application
• the Immigration Officer cannot assess the application in full because some information is missing, even though some evidence has been submitted
• the application includes evidence that, following consideration, indicates irregularities, and further analysis or checks are required to confirm the veracity of the evidence
• a previous application has been refused on suitability grounds (Part 9)
• the Immigration Officer has any doubts about the evidence presented
• the Immigration Officer has concerns about modern slavery
• there is any other reason for thinking that the requirements of the rules might not be met

Priority Service and the Chances of Getting UK Visa after Refusal

The priority service aims to expedite processing time and does not influence the decision. It is only for straightforward applications and not for complex applications due to past refusals, adverse immigration history, etc. Therefore, using the priority service after a UK visa refusal is not recommended. However, if an applicant intends to use the priority or super priority service, they can do so. The UKVI/Home Office has no service standards for processing complex UK visa applications.

Chances of Success Vary from Country to Country

The chances of getting a UK visa for the first time may vary from country to country. For instance, the UK visa success rate from India and Pakistan is 90% and 70%, respectively. Therefore, Indian nationals have higher chances of success in the first instance than Pakistanis.

Refusal Stamp and the Chances of Getting UK Visa after Refusal

Most applicants experience at least 1-2 rejection decisions during their lifetime. Therefore, it is quite normal to have a refusal stamp on the passport. According to Immigration Rules, UK visa applications are considered mutually exclusive, meaning that past grants (or rejections) do not necessarily lead to a favorable (or adverse) decision.

The Number of Successful UK Visa Appeals and Reapplications

Each year, 25K and 2-3K applicants obtain a UK visa after a successful immigration appeal and judicial review decision, respectively. Additionally, the number of successful reapplications is quite substantial, especially for applicants reapplying after a UK visitor visa refusal. Most applicants can learn from their mistakes and effectively address the concerns raised in the rejection letter. However, statistics relating to the success or refusal rate of UK visa reapplications are not available.

3. Reapplying for a UK Visa after Refusal

When a UK visa is refused due to insufficient evidence or lack of proof, reapplication can be the best option. To ensure a successful reapplication, address the rejection grounds, submit new evidence, and pay the application fee. Understanding the UK visa application requirements and the specific grounds for refusal can be instrumental in submitting a well-documented reapplication.

Please note that reapplication after refusal of straightforward entry clearance applications, such as UK visit, student, spouse, and work visas, is quite common. However, reapplication after rejection of a complex entry clearance application or any type of leave to remain application is not advisable.

Insufficient Evidence

If an application is rejected due to insufficient evidence, it is generally easy to correct the mistake and reapply. For instance, if an applicant failed to submit bank statements, a medical or English Test result, or similar evidence, they can include all missing evidence with the new application. Additionally, in the reapplication, the applicant may provide a plausible explanation for not including the evidence in the previous application.

Absence of Proof

Similarly, when an application is refused due to an alleged absence of proof, reapplying is a strong option. In some cases, an Entry Clearance Officer (ECO) might inadvertently overlook evidence submitted with the application due to workload or oversight. If this happens, the applicant may have a couple of options:

1. Request a reconsideration from the Entry Clearance Manager if administrative arrangements are available.
2. Submit a properly prepared UK visa reapplication after refusal if administrative or reconsideration review is not available.

Most UK visa refusals result from ill-prepared applications. To increase the chances of success, it is crucial to submit a clear and well-documented application.

When Can I Reapply for a UK Visa after Refusal?

There is no waiting period for reapplying after receiving a UK visa refusal letter. However, some applicants believe they need to wait for six months before reapplying for a UK visit visa after refusal. The only plausible reason behind this is the potential change of circumstances. However, six months is not a long duration that may effectively change an applicant’s personal, financial, or professional circumstances.

How Many Times Can I Reapply after UK Visa Refusal?

There are no legal or administrative limits on the number of UK visitor or tourist visa reapplications after a refusal under immigration rules. However, submitting an ill-advised application repeatedly is not advisable. This also applies to other types of entry clearance applications such as spouse settlement, skilled worker, innovator, startup, and student visas.

It is important to note that there is no block list or permanent ban under the Immigration Rules for multiple refusals. An applicant can only receive a deception and re-entry ban of up to 10 years under General Grounds of Refusal. Refusal and ban under general grounds result from an applicant’s adverse behavior or background, such as false documents, criminal conviction, character, conduct, or associations.

When Reapplication after UK Visa Rejection May Not Work

Reapplication after UK visa refusal is the most popular option for entry clearance applications, particularly for visitor or tourist visa applications. However, in cases of a 10-year re-entry or deception ban, there are no realistic chances of getting a visit visa after reapplication. Additionally, it is usually not advisable to reapply after refusal of a Leave to Remain (switching or extension) or ILR application. The following circumstances may require a legal challenge (appeal or judicial review) instead of reapplication after UK visa refusal:

1. The verification process is unable to verify the evidence.
2. ECO doubts the genuine intentions of the applicant to visit the United Kingdom.
3. Misunderstanding or mistake regarding an exclusion order.
4. Rejection of a Leave to Remain or ILR application.
5. Refusal on General Grounds such as Reentry or Deception Ban due to false documents, misrepresentation, etc.

In these situations, it is crucial to seek legal advice and carefully consider the best course of action before deciding to reapply or pursue a legal challenge. Remember that each case is unique, and the most suitable option may vary depending on the specific circumstances and reasons for the refusal.

4. Reconsideration

Reconsideration after a UK visa refusal has limited scope and is only possible for certain types of leave to remain applications. It is not available for entry clearance applications. There is no specific time frame for reconsideration, as the Home Office is not legally bound to reconsider a decision. In fact, reconsideration after a UK visa refusal may often prove to be a waste of time.

Eligible Decisions

Although reconsideration reviews have limited usability, they may prove effective for the following types of decisions:

1. Further, limited, or indefinite leave to remain, such as spouse ILR.
2. Transfer of conditions (TOC).
3. No time limit (NTL).
4. There is no right of appeal or Administrative Review (AR) against the decision.
5. The reconsideration request relates to a granted application with no AR, and the applicant believes the type of leave granted or the expiry date of the leave is incorrect.
6. The reconsideration request relates to a refused application, and the applicant is:
   • Providing new evidence to prove the date of application.
   • Providing new evidence that documents submitted with the application are genuine.
   • Identifying relevant material that was not available to the caseworker but was received by the Home Office before the decision date.
7. Reconsideration is a legacy request submitted before 13 November 2012, and there are still reasons to reconsider the decision.

Although reconsideration is usually about overturning a rejection decision, it may also be for certain aspects of approval, such as the duration of the leave to remain.

5. Administrative Review after UK Visa Rejection

Administrative Review (AR) is mostly available after refusal of point-based (PBS), leave to remain, and ILR applications with no right of appeal. It is not available to certain types of applicants, such as visitors, spouses, or family settlement. Additionally, an applicant needs to file an Administrative Review within 28 or 14 days after receiving the UK visa refusal letter.

Eligible Decisions

An applicant can use Administrative Review if the refusal decision relates to:

1. Tier 1 Exceptional Talent, Tier 1 General, Entrepreneur, Investor, Graduate Entrepreneur, Dependent partners, and children.
2. PBS Tier 2 General, Intra-Company Transfer, Ministers of Religion, Sportsperson, Dependent partners, and children.
3. Tier 4 adult and child students, dependent partners, and children.
4. Tier 5 Youth Mobility Scheme, Temporary Worker, Dependent partners, and children.
5. Any in-country application (except for visitor, protection, or human rights claim applications), where the decision was made on or after 6 April.

An applicant can use administrative review to challenge the cancellation of leave to enter or remain at the border due to a change of circumstances, false representations, or failure to disclose material facts. Decisions to cancel leave to enter or remain under paragraphs V9.2 or V9.4 of Appendix V of the Immigration Rules can also be challenged with an administrative review.

Ineligible Decisions

An applicant cannot use administrative review if the rejection decision relates to:

• Short term student under part 3 of the Immigration Rules.
• Appendix EU Family Permit.
• Visitor applications, i.e., standard, marriage, medical, business, tourist, family, and PPE.
• Visitor extension application.
• Human rights claim.

6. Legal Challenge after UK Visa Refusal

An applicant can legally challenge a UK visa refusal decision by:

1. lodging an appeal if there is a right of appeal. For instance, an applicant can file an immigration appeal against a spouse visa refusal on human rights grounds. However, the immigration appeal time limit is 10, 5 and 28 days for in-country, detention, and entry clearance appeals
2. filing a Judicial Review (JR) if there is no right of appeal and there are errors in the decision. Moreover, if an applicant has a right of an Administrative Review, then can only file a judicial review after AR. However, an applicant should file a judicial review promptly and, in any event, within 3 months after receiving a UK visa refusal letter

When Legal Challenge after Visa Refusal is inevitable?

If a reapplication, reconsideration, or administrative review has not worked then it may be worth to take legal action. An immigration appeal or a judicial review constitutes a legal challenge against a rejection decision. Please note: if there is no right or limited right of appeal against a UK visa refusal decision then one can file a judicial review. Moreover, following circumstances may require a legal challenge after a UK visa refusal:

1. the verification process not able to verify the evidence
2. ECO doubts the genuine intentions of the applicant to visit the United Kingdom
3. Misunderstanding or mistake about an exclusion order

Verification process fails to verify the evidence

If the Immigration Officer declines the evidence as incomplete or from an unverifiable source then there is a limited point of re-submitting the same set of documents for the second time, especially, when an applicant can do nothing more. Therefore, in such circumstances, an applicant needs to challenge the UK visa refusal decision by way of an appeal or judicial review.

Doubtful Intentions

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 to prove their case then an applicant may need to take legal action or at least a professional advice.

Exclusion Order

If there is a previous exclusion against the applicant, then may need to legally challenge the decision. However, 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 afresh application. However, usually, a legal challenge is quite inevitable in such circumstances.

7. Conclusion

UK Visa Reapply or Appeal after Refusal in 2023

Dealing with a UK visa refusal can be a frustrating and complex process. To determine the best course of action, it’s important to understand the available options, such as reapplication, reconsideration, administrative review, and legal challenges. Carefully consider the reasons for refusal provided by the Entry Clearance Officer and evaluate whether you can address those concerns with new evidence or documentation. In some cases, it might be necessary to consult with immigration professionals to ensure you make an informed decision.

For further details, read UK government news article explaining the abolishment of the right of appeal for family visit visas.

8. Frequently Asked Questions (FAQs)

UK Visa Reapply or Appeal after Refusal in 2023: Key Points