Refusal Challenge

Right to appeal against refusal

There are many visa categories from which the government has taken away the right to fire an appeal against the refusal. The few categories which still hold the right to appeal are

  1. Appeal against refusal of EEA family permit
  2. Appeal against refusal of European settlement scheme application
  3. Appeal against refusal of spouse visa UK

Appeal against refusal of EEA family permit

Uk residents can sponsor their close family members as well as an extended family member for settlement in the UK. If the EEA family permit application of the family members gets rejected, they hold the right to make an appeal against the refusal. The appeal can be launched within 28 days. The procedure through which the appeal is made is similar to that of spouse visa UK.

Appeal against refusal of spouse visa UK

A partner who is a permanent UK resident can sponsor their spouse/partner for a UK settlement visa. If the application gets rejected, an appeal can be filed in the first-tier tribunal UK. If the application was made from within the UK, the appeal has to be filed within 14 days of refusal. If the application was made from outside the UK, the appeal has to be made within 28 days of the refusal, as entry clearance requires time. 

What is the procedure for the appeal?

The first-tier tribunal schedules the case hearing in the UK. Subsequently, both the parties i-e the appellant as well as the home office are put under directions by the court. This process might take some time as a whole. 

Documentation required for filing the appeal

Our team is very experienced and has helped a number of clients with their spouse visa applications. We will help you prepare a solid and influential appeal, which will surely get you past the trial. The Appellant must prepare an appeal bundle which could comprise the appellant’s witness statement, arguments, index, a narrative of events and evidence, etc.

Administrative review against refusal

Rejection of other UK visa categories can be challenged under an administrative review. Below are the refusals that can be challenged through an administrative review.

  1. All tier 2 visa routes
  2. Tier 4 student visa application
  3. All tier 5 visa applications

If the administrative review appeal does not work out, only then the application refusal can be challenged under judicial review.

Appeal against Point-Based System application refusals

First of all, it is important to understand whether or not the challenge would be necessary. If the applicant makes any mistake in the initial application and it gets rejected, it would be better to prepare an error-free fresh application. However, if you are sure that your application had no issues and there must have been some other reason for refusal, you can always put up an appeal against the refusal. 

You can file an AR UK in the home office, within 28 days of rejection. The home office further takes 28 days to process the administrative review and give a final verdict. If the home office does not find any error in the refusal statement, the appeal is rejected. Only then can the appellant file an appeal for a judicial review.

You’re not eligible to file an administrative review if you have been rejected on the basis of your interview. If you still think there could have been some error you would have to acquire an interview transcript to file a review. If your administrative review is turned down and you opt for going for a judicial review, you would have to first make the home office aware of your claim against them. You’d have to write a pre-action protocol letter to the UK embassy and the home office about your step of judicial review.

Judicial Review Against Refusal Of UK Visa Application

The UK visa applications based on the points-based system do not hold appeal rights if refused. The refusal of these applications can only be challenged under judicial review. Other UK visa applications which are covered by judicial review are

  1. Refusal of UK visit visa application
  2. Refusal of all tier 2 UK visas
  3. Refusal of tier 4 student visa
  4. Refusal of tier 5 visas

It is necessary to first file an appeal against the refusal in the administrative review. Pre-action protocol needs to be followed for judicial review similar to that in the case of administrative review. Our team has gained years of experience in preparing powerful and strong pre-action letters as well as appeal applications.