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.

Your Key Contacts

Carmen Arakelyan (née Loke)

T: 020 7406 1000

E: CarmenLoke@cartercamerons.com

Carmen is a paralegal with over 10 years experience in law. Her calm and efficient manner ensures matters are dealt with as quickly and cost effectively for clients as possible.

Carmen provides general support to fee earners and Partners within Company Commercial and Immigration teams. She assists in the day-to-day functions of the Immigration team including all aspects of casework and assisting in the preparation of applications. Under direct supervision, Carmen acts as a caseworker on straightforward cases, and supports solicitors in more complex matters. She reviews client queries and drafts responses for review by solicitors and prepares documentation for application under a wide range of visa routes with great skill. As part of the Company Commercial team, she has reviewed share purchase agreements, drafted escrow agreements, prepared bundles for mediation and recently attended a successful mediation meeting over a contract dispute.

She holds degrees in Airline and Airport Management (First-Class Honours), and International Politics and Economics (2:1).

Outside of work, Carmen plays the piano, enjoys trying new activities (the latest being paddle boarding) and is an active church member.

Robert Sookias

T: 020 7406 1000 / 07973 418 174

E: RobertSookias@cartercamerons.com

Property

  • Commercial property transactions
  • Purchase and sales of commercial properties
  • Grants of commercial leases
  • Property aspects of M&A transactions

Immigration

  • Over 40 years working in all areas of immigration and nationality

More…

Robert studied Business Management before converting to Law and attending the College of Law in London. Robert qualified as a Solicitor in 1983.

Before qualifying as a Solicitor in March 1983, Robert worked as a property agent and played football at a semi-professional level.

Robert has earned himself the reputation of being both commercial and caring in his approach to clients.

He is a member of the Immigration Law Practitioners Association and The Lawyers Christian Fellowship.

Robert speaks Armenian and Farsi.