UK Visa Appeal Solicitors: how to make a successful challenge?

UK Visa Appeal Solicitors to Challenge Immigration RefusalsThis relates to how UK visa appeal solicitors can help challenge UK immigration refusal decisions successfully? If a UK Visa Application is refused, then one can either challenge the refusal decision or reapply with the requisite supporting evidence. Accordingly, depending on the type of application, one can challenge the refusal decision through an immigration appeal, administrative review and judicial review. Moreover, the post also explains how specialist UK visit visa solicitors can help in preparing UK visitor visa application or reapplication professionally.

Specialist UK Immigration Appeals and Judicial Review Solicitors

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. For details relating to rights of appeal please refer: Rights of Appeal Immigration Act 2014 If UK visa application is refused with no right to appeal then one can opt for Judicial Review,  especially for UK immigration 10-year ban. Most noteworthy: immigration appeals and judicial review are two different legal methods of challenging a refusal decision. 

UK Visa Appeal Solicitors for Spouse Visa Refusal

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 Details of Appeal Process to Challenge a UK Visa Refusal Decision and Rights of Appeal Against UK Visa and Immigration Refusal Decisions.

Moreover, you can appeal against UK Visa Refusals concerning Human Rights, Protection Claim, Revocation, EEA Family Permit and Deprivation of Citizenship. For more information, please visit Rights of Appeal against UK Visa Refusal Decisions: Human Rights, Protection Claim, Revocation, EEA Family Permit, Deprivation of Citizenship.

Judicial Review UK Visa Refusal

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 we can help you in lodging your Administrative Review (AR), Judicial Review application (JR) or 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 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).

‘Judicial Review’ to Challenge Tier 1 Entrepreneur Visa Refusal Decision 

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 exercising your right for a JR application, you will first be required to request an Administrative Review from the decision post. If your AR request is also refused, then you can submit a Pre Action Protocol to the UKVI and if that is also refused you can then challenge the refusal decision by way of JR, i.e. the last alternative.

If you like to find out more about Judicial Review applications please read our Judicial Review to Challenge Visit Visa and Tier 1 Entrepreneur Refusals and 10 Year Bans.

Judicial Review – To Challenge Any UK Immigration Refusal Decision

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, please click here.

UK Visa Appeal Process Time

Administrative Review (AR) is lodged at the Post (i.e. Embassy) and either an ECO or an ECM is the decision maker; whereas, Judicial Review (JR) applications and Appeals are lodged inside the UK. After filing the AR request, the relevant decision-maker body may take up to 28 working days to make a decision.

Judicial Review (JR) applications and Appeals usually takes 6-12 months to complete and sometimes more depending on the time schedule of the Court. These applications eventually go before a Judge whereby a decision is made by the Judge.

UK Family Visitor Visa: Right to Appeal Abolished in 2013

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, instead of making a fresh application, the right of appeal was used by applicants 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, which has led to an improved customer service.

A decision will also be received 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.

Specialist UK Visit Visa Solicitors for Re-Applying Successfully

If you are being refused a UK Visitor Visa then you may need to Reapply by submitting a properly Documented Fresh Application with an 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.

In terms of Immigration Rules Appendix V for Visitor, a Standard Visitor Visa Applications must meet the requirements of the Visitor Rules and an application is decided on the information furnished by the applicant. Therefore, an Entry Clearance Officer (ECO) decides a visitor visa application on the balance of probability, and the onus of proof is on the Applicant to prove that he/she is genuine visitor.  

Immigration Rules Appendix V

Each visitor must meet the requirements of these Visitor Rules, even if they are travelling as, for example, a family group, a tour group or a school party.

Applications are decided based on the information provided by the applicant and any other relevant circumstances at the date of decision.

What an Applicant Needs to Prove?

In every visitor visa application, an applicant is required to specify a clear purpose of visiting the UK and also needs to establish that the applicant:

  • has adequate funds to support herself/himself during the tour;
  • intends to leave the UK at the end of the visit;
  • can meet the costs of return or onward journey.

Accordingly, an ECO can only grant a visitor visa if he is convinced of the reasons for which an applicant intends to travel to the UK, the applicant’s affordability and intentions to return to the home country at the end of the visit.

Circumstances of an Applicant

An inability of an applicant to properly explain his/her circumstances including his/her occupation and role as well as ties in the home country generally leads to a refusal decision. Therefore, in order to establish an applicant’s bonafide in a visitor visa application, it is critical to furnish a well-documented application for a successful outcome for which specialist UK Visit Visa Lawyers could be useful due to their knowledge of the relevant Immigration Rules and professional ability to document an application as per the visitor visa requirements.

UK Tourist Visa Specialist Solicitors

A number of well-deserving high-net-worth individuals such as businesspersons and landlords have not been able to get a UK Tourist Visa mainly due to their inability to properly document and explain their bonafide. As indicated above, for granting a visa, an ECO requires compelling evidence for establishing the genuineness of purpose and there are no exceptions.

Have a Discussion with UK Visit Visa Lawyer

Businesspersons, Landlords, High-Value-Individuals as well as people genuinely seeking to visit the UK for holiday purposes, meeting family, negotiating a business deal etc. who otherwise have a good travel history, but their UK visitor visa application has been refused either on one or more occasion may discuss their case with UK Visit Visa Solicitor for maximizing chances of success.

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