This relates to UK Visa Reapply or Appeal: what to do after UK visa refusal? After receiving a UK visa refusal letter, most of the applicants are not really sure whether to reapply or appeal against a UK visa refusal decision. The post elaborates on when reapplying is better than challenging a refusal decision and vice versa. This will help applicants who intend to reapply after refusal such as reapplying for UK visit visa after refusal or appeal against a spouse visa refusal. Moreover, the post also provides guidance on UK visa reapplication time.
UK Visa Reapply or Appeal: What to do after UK visa refusal?
In the event of a refusal decision, usually, there are two possible available actions:
- To furnish a reapplication and address the issues highlighted in the rejection letter; or
- To file an appeal or judicial review against a refusal decision
Accordingly, the post has two sections. The first section relates to UK visa reapplication. Subsequently, the second section explains the conditions when a legal challenge becomes inevitable.
UK Visa Reapply or Appeal and UK Visa Reapplication Time
Perhaps, the easiest option is to submit a UK visa reapplication i.e. re-applying for UK visa after refusal with 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.
If UK visa is rejected when can I apply again?
How long does it take to apply for a UK visa after refusal? Apparently, there is no timeframe for re-applying for UK visa after refusal. Accordingly, one does not need to wait for any specific duration of time, such as six months, before re-applying for UK visa after refusal. Perhaps, one can reapply for UK visa as soon as possible, especially if the grounds of refusal are not tenable.
UK Visa Change of Circumstances and UK Visa Reapplication Time
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 a re-applying for UK visit visa after refusal.
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.
How to Successfully Apply for a UK Visa after Refusal?
At the same time, it is not advisable to submit an ill-advised UK Visa Application again and again as such will be rejected. Therefore, there is no need of wasting time, money and energy for an ill-conceived notion. What is required is to understand the requirements for the particular UK Visa Application and submitting 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:
- reads the refusal letter carefully
- studies the reasons for refusal in the light of the immigration rules
- prepares an application, which clarifies the refusal reasons
Reconsideration of a Refusal Decision | UK Visa Reapply or Appeal
Moreover, 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. Previously, such reconsideration was frequently exercised against the UK visitor visa refusal decisions. However, now it is not available due to changes in the immigration rules and procedure. Moreover, there is no real time frame for this, and one may waste time waiting for an unlikely occurrence. Perhaps, an administrative review in case of a points-based system is akin to reconsideration. However, the success rate of administrative review is nominal.
Reapplying after UK Visa Rejection on ‘Insufficient Evidence’
If the application rejects because of insufficient evidence then it is quite easy to correct the mistake and reapply. For instance, if an applicant inadvertently failed to submit bank statements or similar evidence then an applicant include all the absent evidence with the new application. Moreover, in the reapplication, an applicant may also provide an explanation for not including the evidence in the previous application.
Reapplying after UK Visa Refusal on ‘Absence of Proof’
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 an 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:
- if the administrative arrangements are available, then the applicant may approach the Entry Clearance Manager and request a reconsideration.
- 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.
When an Appeal or Judicial Review against Refusal is inevitable?
Nevertheless, some circumstances require a legal challenge such as:
- UK visa verification process not able to verify the evidence
- ECO doubting the genuine intentions to visit the UK
- Misunderstanding or mistake about an exclusion order immigration UK
Verification Process and UK Visa Reapply or Appeal
Where the evidence relied on was declined as being from an incomplete or unverifiable source. There is a limited point of resubmitting the same set of documents for the second time and if an applicant has already given his/her best shot there probably is not more one can do further;
Genuine Intentions to Visit and UK Visa Reapply or Appeal
When the reasons stated by an ECO are something terming an applicant not being a genuine visitor with no intention to return to the home country; normally there are no additional documents an applicant can submit to prove his/her case. Under such circumstances, an applicant may need to take a legal action or at least a professional drafting of the Application. Accordingly, a specialist visitor visa lawyer may explain the bonafide of the applicant in a befitting and clear manner.
Exclusion Order Immigration UK
One needs to 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. If there was an obvious misunderstanding or mistake on part of the ECO, it might be plausible to remedy this through a reconsideration request or a fresh application, but in most of the cases, a legal challenge is inevitably required.
UK Visa Reapply or Appeal: what to do after rejection?
If either a fresh application or reconsideration has not worked and the applicant has tried and failed, then it may worth to consider to take a legal action i.e. either an Appeal or a Judicial Review. Please note: if either no right of appeal or limited right of appeal is stated in the refusal decision then an applicant can file a judicial review against the refusal decision.