After receiving a UK Visa Refusal Decision, most of the applicants are not really sure whether to reapply or challenge a UK Visa Refusal Decision.
The post: UK Visa Refusal Appeal or Reapply (i.e. When to Reapply or Challenge a UK Visa Refusal Decision?) elaborates on when reapplying is better than challenging a refusal decision and vice versa. 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.
In the event of a refusal decision, for a UK Visa and Immigration Application, one can take the following actions:
- Furnish a Reapplication and address the issues highlighted in the rejection letter;
- When a Legal Challenge against a Refusal Decision is inevitable?
UK Visa Refusal Reapplying- Reapplication
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 with new evidence and fee. Here it is important to mention that there is no time limit for reapplying against a refusal decision and one does not need to wait for any specific duration of time, such as six months, before reapplying for a UK Visa. Commonly and rather erroneously most of the applicants think that a duration of six (6) months is required before reapplying for a UK Visa, especially in case of a UK Visit Visa 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. 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.
This may not be even needed, and an applicant may prefer to request a reconsideration of the original decision. However, there is no real time frame for this, and one may waste time in waiting for an unlikely occurrence.
Reapplying after UK Visa is Rejected on ‘Insufficient Evidence’
If the application was rejected because insufficient evidence was submitted, for instance, either bank statements or similar evidence was omitted from the previous application, then this should be quite easy to correct. Make sure to include all the absent evidence with the new 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 that had been submitted with the application. ECOs are expected to process quite a few applications at the same time every day and work under tight deadlines, so it may be normal to either overlook some of the documents or in case the application is not presented properly it’s hard for an ECO to understand them. Consequently, the application may be refused. If this happens and if the administrative arrangements are available, then the applicant may approach the Entry Clearance Manager and request a reconsideration.
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When a Legal Challenge against a Refusal Decision is inevitable?
Nevertheless, some circumstances require a legal challenge such as:
- Unverifiable Evidence – Where the evidence relied on was declined as being from an incomplete or unverifiable source. There is 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;
- Intentions – 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 is usually required by a legal representative so as to explain the bonafide of the applicant in a befitting and clear manner;
- Exclusion Decisions – If in the previous refusal letter an applicant has been excluded from the United Kingdom for a particular period 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.
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.
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Related: How Can Immigration Solicitors Help Challenge a UK Visa Refusal Decision?, UK Visa Appeal Process, Judicial Review to Challenge Visit Visa and Tier 1 Entrepreneur Refusals and 10 Year Bans, Grounds of Appeal, Lodging an Appeal, Appeal Notices, Appeals: Legal Framework, Appeals Against An Immigration Refusal Decision, and UK Visa Refusal: Rights of Appeal