UK VISA APPEAL

If your UK visa is refused, then do not worry, as we herewith explain to you the options available to you: either appeal, reapply, administrative review, or judicial review.

a) Visitor Visa (UK VISA APPEAL): which is further subdivided, and clients fail to understand the basic concept of a visitor visa.

1) General Visitor Visa (UK VISA APPEAL): The person applies in their own capacity just to visit the visa, even if they have no sponsors. If this sort of visa has been refused by the entry clearance officer, then you can apply for administrative review, as general visitor visas do not generate a right of appeal.

2) Family Visit Visa: If your family visit visa has been refused, then it generates a right of appeal on limited grounds, i.e., human rights grounds (Article 8).

b) Entry Clearance as a Spouse/Fiance: If your spouse visa or a fiance visa has been refused (UK VISA APPEAL), then you can appeal against the decision of the Entry Clearance Officer; however, in most of the cases, it is sensible to reapply.

c) Further Leave to Remain: Leave to remain (in-country) may generate a right of appeal, but it solely depends on the time you have submitted the application. If there are no human rights engaged and you make an application at this point in time, then you may be left with an option of either administrative review or judicial review.

d) Point-based system refusal: you will have no right of appeal (UK VISA APPEAL), only administrative review.

The right of appeal (UK VISA APPEAL) is generally granted under Section 82 of the Nationality, Immigration and Asylum Act 2002.

Use/Benefit of an Immigration Appeal:

You will be having an opportunity to explain and express your concern to the Immigration Judge at Asylum and Immigration Tribunal if you have lodged an oral appeal; however, if you are relying on a paper appeal, then it will be determined by the Immigration Judge merely on the basis of the documentary evidence attached with your witness statement in the paginated bundle.

You must be careful before you engage a solicitor, as not everybody has got good advocacy skills, and it is not easy to convince the immigration judge to accept your evidence.

Our team of expert immigration solicitors (Asher & Tomar Solicitors) has a wide range of experience, as we have been representing the appeals in the Asylum and Immigration Tribunal all over the UK since 2008, and our major work is based on referral.