Refusal rates for UK visas are high, and as an example approximately 50% of Tier 1 Entrepreneur initial and extension applications are refused.

We receive many enquiries from applicants whose applications were refused and who now seek advice on what steps they should take next. The options depend on the visa type and reasons for refusal.

The procedure for challenging the refusal is either in the form of Appeal, Administrative Review or Judicial Review.

Rights of appeal exist against the following decisions:

  • Refusal of human rights or protection claims and revocation of protection status (Part 5 of the Nationality, Immigration and Asylum Act 2002).
  • Refusal of a visa and refusal to vary leave to remain, under specific circumstances, if the application was made before the Immigration Act 2014.
  • Refusal to issue an EEA family permit and other EEA decisions (Regulation 36 of the Immigration (European Economic Area) Regulations 2016).
  • Deprivation of citizenship (Section 40A of the British Nationality Act 1981).

When there is no right of appeal, applicants can typically request an Administrative Review if a caseworking error occurred, such as misinterpreting immigration law or submitted documents. This review is conducted by a different Home Office Officer rather than a Tribunal or Court.

If the Administrative Review fails or if there’s no right to appeal or review, applicants may consider Judicial Review as a last resort. This complex and costly process is only available on grounds of illegality, irrationality, or procedural unfairness, and requires a detailed analysis of the refusal reasons to assess the likelihood of success.

Depending on the situation, it might be more effective to submit a new visa application instead of pursuing a challenge, especially for visitor visas and Tier 2 or Tier 1 immigration matters. It’s essential to act quickly, as there are strict time limits to appeal, request an Administrative Review, or initiate Judicial Review.

If your UK visa has been refused, and you would like advice or assistance on your next steps, please contact our team.

Vladyslav Galinskyi

T: 020 7406 1000

E: VladyslavGalinskyi@cartercamerons.com

Vladyslav is an experienced Associate specialising in corporate and private immigration, assisting businesses with sponsor licences and skilled worker visas, as well as handling family, naturalisation, and EU Settlement Scheme applications. Vladyslav is a qualified solicitor in England, Wales, and the Republic of Ireland and brings a wealth of experience from gained in various previous roles. He holds a GDL, LPC, Master of Laws, and is a Fellow of CILEX. In his free time, he enjoys swimming, travelling, and playing as a goalkeeper for a local football club.

Corporate immigration experience:

  • Company sponsorship licence applications for businesses and educational institutions
  • Sponsor Management System (SMS) – updating, Level 1 user tasks, requesting additional certificates, reviewing documents, and advising
  • Skilled Worker Visa applications for main applicants and dependents
  • Tier 1 Investor and Entrepreneur Visa applications for main applicants and dependents
  • Sole Representative Visa applications for main applicants and dependents
  • Intra-Company Transfer Visa applications for main applicants and dependents
  • Temporary Worker Visas (Tier 5) for main applicants and dependents
  • Global Talent Visa applications, including endorsement procedures
  • Innovator and Start-Up Visas, including endorsement application procedures

Private immigration experience:

  • Entry clearance, Leave to Enter, and Leave to Remain applications
  • Visa applications for visitors, spouses, unmarried partners, fiancé(e)s, and other dependent relatives
  • Registration of children as British citizens and naturalisation applications
  • Confirmation of British nationality status
  • Residence permits for EU/EEA nationals and family permits for non-EU/EEA family members
  • Entry clearance and residence documents for non-EU/EEA family members
  • Minister of Religion, Sportsperson, and Health and Care Worker Visa applications for main applicants and dependents
  • Student and Graduate Visa applications
  • EU Settlement Scheme applications for EU nationals and their families

In addition to his extensive immigration expertise, Vladyslav’s legal journey includes nearly a decade of experience as an OISC Level 2 immigration adviser, where he honed his skills in complex visa cases and administrative processes.

He has also gained valuable experience in high-stakes corporate environments, having worked as a paralegal within a CIS department.

His previous roles enriched his understanding of corporate law and the cross-border legal considerations crucial for advising multinational clients. His background enables him to provide clients with precise, effective legal guidance that supports both business and individual immigration needs.