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: 0207 406  1058

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: 0207 406 1080

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

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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.

Kate Boguslawska

T: 0207 406 1096

E: katarzynaboguslawska@cartercamerons.com

Katarzyna (Kate) Boguslawska qualified as a solicitor in 2006 and is a Partner in our corporate and commercial department.

Kate’s clients range from start-up owners through to SMEs and some global main-players who need advice on business-related matters. These range from advice on employment and company matters to contract drafting and disputes. Kate understands her clients, their needs and goals. Her clients often praise her pragmatic approach and tailored practical advice.

Employment

In her employment practice Kate:

  • drafts contracts, handbooks and company policies
  • provides regular Employment/HR Advice
  • negotiates contracts
  • drafts and negotiate settlement agreements
  • helps to navigate through TUPE, restructure and redundancies
  • advises and represents in claims for unfair dismissal, discrimination, breach of contract, unlawful deduction from wages, etc
  • advises on injunctive relief and restrictive covenants

Notable employment work included:

  • advising a well-known English designer in company restructure and redundancies;
  • advising employers and high net worth individuals on settlement agreements and severance packages;
  • regular HR advice to a number of company clients;
  • advising media company on contracts and issues relating to confidentiality, IP and restrictive covenants;
  • representing high earning claimants in ‘Stress at Work’ personal injury matters.

Commercial

In her commercial and company practice Kate:

  • advises on suitable business entities and company formation;
  • advises on company and directors’ duties;
  • drafts necessary company documents including amended articles and resolutions;
  • drafts and negotiates contracts and shareholders’ agreements;
  • advises on shareholders disputes.

Notable commercial work included:

  • advising and representing foreign companies establishing business in the UK;
  • advising companies on matters involving directors’ duties and shareholders’ disputes;
  • advising a Polish PLC on contract matters and negotiating on its behalf with an English PLC;
  • representing an international cosmetics company in injunctive relief and restraint of trade matters;
  • representing hauliers in representations against Border Force and HMRC in excise duty matters;
  • advising EU nationals on immigration issues, residency and citizenship applications in the UK.

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Kate has strong links in the Polish community and is recommended by the Polish Embassy in London, having co-written a Guide for Polish Investors in the UK that was published by the Embassy. She has a broad network of international connections and has been instructed by law firms in Poland to assist their clients in matters involving English jurisdiction.

Listen to Kate’s podcast