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.

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