This relates to how specialist UK visa appeal solicitors can help challenge immigration refusal and 10-year ban? Perhaps, most of the applicants, especially visitor visa applicants are not familiar with the UK immigration rules and the legal system. Therefore, the post tries to explain: how UK visit visa solicitors can help challenge decisions? And how to go about with the UK visit visa appeal and UK visa ban appeal? Accordingly, the post covers the following topics:
- Challenging a UK visa refusal with a right of appeal
- UK visa appeal solicitors can help challenge spouse visa refusal
- How UK visit visa solicitors can help reapply or challenge decisions?
- How to challenge a UK visa refusal with a no right of appeal?
- UK Visa Ban Appeal: how to remove 10 Year Ban?
- Challenge UK family visitor visa with no right of appeal
How to challenge a UK visa and immigration refusal decision?
Quite certainly, if a visa application is refused, then one can either challenge the refusal decision or reapply. Accordingly, depending on the type of application, one can challenge the refusal decision through either an immigration appeal or administrative review and judicial review.
Challenging a UK visa refusal with a right of appeal
The Immigration Act 2014 has a significant impact on the right of appeal if an application is refused. The applicant may have no right of appeal or the appeal rights may be limited. Therefore, it is advised that applicants may consult with a specialist UK immigration solicitor before making a decision.
Spouse entry clearance and settlement (ILR) applications
What if you have recently been refused a spouse visa to join your settled partner in the UK? In that case, you will have the right to either lodge an appeal against the refusal decision or make a fresh application, depending on the circumstances of your refusal.
You can appeal against all the appealable refusals relating to entering and remaining in the UK, Removals, Deportation. The details of which are covered in our post relating to immigration appeal process and appeal rights.
Moreover, you can appeal against UK Visa Refusals concerning Human Rights, Protection Claim, Revocation, EEA Family Permit and Deprivation of Citizenship.
UK visit visa refusals how to reapply or challenge decisions?
If you are being refused a UK Visitor Visa then you may need to Reapply by submitting a properly Documented Fresh Application with the assistance of a Legal Adviser. However, if the UK Visitor Visa is refused twice or more than 2-3 times then it is better to file a judicial review for challenging the refusal decision.
No right of appeal: what to do?
Judicial Review application against a UK visa refusal decision is a specialist service for challenging any type of Visa Refusals. So, if your visa application is refused in the recent past (that is within last 3 months) and you may like to challenge the refusal decision, then UK visa appeal solicitors can help you in lodging your Administrative Review (AR), Judicial Review application (JR) or Appeal.
UK Visa Ban Appeal: how to remove 10 Year Ban?
Please note an appeal against UK visitor visa refusal is not permissible under the Immigration Rules. However, if you have recently been refused a visitor visa, you can challenge this refusal by way of an application for Judicial Review (provided that you submit the application for a judicial review within 3 months of the decision of the Entry Clearance Officer).
PBS Tier 1, Tier 2 and Tier 4 applications
You can also challenge a refusal decision on a Points-Based application such as Tier 1 Entrepreneur, Tier 1 Investor and Tier 2 Work Permit. This will again be by way of a JR application. However, it should be noted that JR is the last alternative. Therefore, before Judicial Review, an applicant needs to file an Administrative Review. If the decision maker refuses an Administrative Review, then an applicant can submit a Pre Action Protocol. However, if UKVI refuses PEP then an applicant can go for Judicial Review. Accordingly, the Judicial Review is the last alternative.
Judicial Review is quite ubiquitous
Please Note: Judicial Review applications can be filed against any type of immigration-related decision if you have exhausted all the other options to challenge the relevant decision (provided that your case has merits). If you wish to know more about Courts and Tribunals systems in the UK.
UK family visitor visa application
The full right of appeal for applicants as a family visitor has been removed. Since 25 June 2013, there is no Right of Appeal for UK Family Visit Visa Refusal.
Why Right of Appeal Abolished?
According to the Home Office, the applicants used the right of appeal to submit further information to support their claim. Anyone refused a visit visa may reapply as many times as they like. Applicants can provide additional information in support of their application.
Since an appeal takes more time and money, therefore, in a number of cases it is better to file a properly documented UK Visit Visa Application.
Faster Decision Making
The UK Gov received as many as forty-six thousand (46,000) visit visa appeals in 2012. According to UK Government removing appeals has enabled visa staff to make decisions quicker. Accordingly, leading to improved customer service.
An applicant may receive a decision much more quickly by submitting a reapplication. The UK Visa Processing Time is typically within 15 days. In comparison, the appeal route takes longer up-to eight months. However, if a family visit visa has been refused successively on more than one occasion and the applicant thinks that proper procedure has not been followed then he/she can consult an immigration solicitor for challenging the refusal decision through filing a Judicial Review.
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