UK Visa Refusal – Whats Next ?

UK Visa Refusal

If your UK visa application has been refused, it can be a frustrating and confusing experience. However, there are clear steps you can take to address the refusal and move forward.

 

Firstly, it’s essential to understand the reasons for the refusal and assess whether you have grounds for appeal. If you believe the refusal was unjust or incorrect, you may have the option to appeal the decision. Alternatively, if you feel you have a strong case, you can consider submitting a fresh application.In either scenario, seeking advice from a qualified and experienced UK immigration specialist is highly recommended. They can provide valuable guidance tailored to your specific circumstances, helping you navigate the appeal process or prepare a successful fresh application. By working with a professional, you can avoid common pitfalls and increase your chances of a positive outcome.

 

When discussing UK visa refusals and the appeals procedure, it’s important to differentiate between the types of appeals available. While most people are familiar with the concept of a “full right of appeal,” there is also another category known as the “limited right of appeal,” or the “residual right of appeal.”

 

In a full right of appeal, individuals have the right to appeal against the reason(s) for the refusal of their visa application. However, in a limited or residual right of appeal, individuals are restricted to appealing on specific grounds. These grounds typically include challenging the refusal decision on human rights or race discrimination grounds.

 

In addition to appeals, the UK immigration rules also provide for an “administrative review.” It’s important to note that an administrative review is not considered an appeal; rather, it involves a review of the refusal decision by an entry clearance manager.

 

While the appeals process can be complex, understanding the different types of appeals available is crucial for determining the appropriate course of action after a visa refusal. At Thai Visa Express, we can provide guidance and assistance tailored to your specific circumstances, helping you navigate the appeals process effectively.

 

A limited right of appeal, also known as a residual or limited right of appeal, applies to UK visa refusal decisions based on specific grounds, namely race discrimination and human rights. Unlike a full right of appeal, which allows individuals to challenge the reasons for the refusal of their visa application, a limited right of appeal is narrower in scope and focuses solely on these specific legal grounds.

 

If you receive a refusal notice from GV51 LRA (LRA = Limited Right of Appeal), it means that your visa application falls into a category that does not attract a full right of appeal. The refusal notice will mention that you have a limited right of appeal only. However, it will not provide detailed instructions on how to exercise this right of appeal, nor will it include an appeal form.

 

Navigating a limited right of appeal can be complex, and it’s essential to seek guidance from qualified professionals who understand the legal implications and procedures involved. At Thai Visa Express, we can provide expert advice and assistance to help you understand your options and navigate the appeals process effectively.

 

If you have been refused a UK visa with a limited right of appeal but wish to submit an appeal on the grounds of race discrimination or human rights, you can request Form IAFT-2 from the Embassy through VFS. Upon your request, the Embassy is obligated to provide you with an IAFT-2 appeal form and reserve the reasons for refusal on a GV51 FRA (Full Right of Appeal) refusal notice.

 

You will then have 28 days from the date of receipt of the GV51 (FRA) notice to lodge the appeal with the Tribunals Service in the UK. It’s important to adhere to this deadline to ensure that your appeal is processed in a timely manner.

 

Limited Right of Appeal Applications are applicable to various visa refusals, as outlined below:

 

1. Applicants refused a visa to visit a non-qualifying relative or family member
2. Business Visitors
3. Academic Visitors
4. Doctors on assignments with Hospitals
5. Students
6. All PBS (Points Based System) classes
7. Dependents who apply at the same time as the main applicant when the main applicant is refused.

 

It’s important to note that even if individuals have a full right of appeal, they can still raise human rights and race discrimination grounds. However, those refused with only a limited or residual right of appeal have specific categories of visa applications. If you have been refused a visa and are unsure of your rights or how to proceed, seeking guidance from qualified professionals can be beneficial in navigating the appeals process effectively.

 

 

The following categories of applicants are eligible for the full right of appeal in case of a UK visa refusal:

 

1. Settlement and dependants classes: This applies to dependants when the main applicant has been granted entry clearance and is currently residing in the UK. It also includes applicants wishing to join “settled” family members in the UK.

2. EEA family permits with an exception: If you have failed to provide evidence of the EEA national’s nationality or of your relationship to the EEA national, a refusal does not grant the full right of appeal.

3. Overseas domestic workers.

 

If your visa refusal falls into one of these categories, you will have been issued with Form GV51 FRA (FRA = Full Right of Appeal). This form explains your appeal rights and the procedures involved, and you will have received an appeal form (IAFT-2) to proceed with the appeal process. It’s important to adhere to the instructions provided on the form and to submit your appeal within the specified timeframe. If you need assistance with your appeal, consider seeking guidance from qualified professionals to navigate the process effectively.

 

If you have applied under the Points Based System (PBS), you are granted a limited right of appeal rather than a full right of appeal. This means that while you cannot appeal against the refusal decision, you are allowed to appeal solely on the grounds of race discrimination and human rights.

 

However, you do have the right to request an administrative review, although it is important to note that this review does not constitute a right of appeal. Instead of being reviewed by an immigration judge, the decision to refuse your application will be re-evaluated by an entry clearance manager. While an administrative review does not provide the opportunity for a full appeal, it allows for a review of the decision based on specific grounds, providing applicants with an avenue to address potential errors or inconsistencies in the initial decision.

 

An administrative review is a process through which applicants can request a review of their visa application refusal under the points-based system if they believe that an error has been made by the Entry Clearance Officer. This review is conducted by an Entry Clearance Manager, who will reassess the original decision to determine if any mistakes were made.

 

Key points to note about administrative review:

 

1. **Requesting Review**: Applicants must submit a request for an administrative review within 28 days of receiving the refusal notice (GV51). Upon receiving the refusal notice, applicants will also receive an administrative review request notice and guidance notes.

2. **Completing the Request**: The administrative review request notice must be completed in full and sent to the address specified on the request notice.

3. **Submission of Additional Documents**: Applicants should not send any additional documents such as passports, travel documents, or supporting documents. Only the administrative review request notice needs to be submitted.

4. **Review Process**: The Entry Clearance Manager will assess the original decision based on the documents available at the time of the application submission. The review aims to determine if the refusal decision was correct at the time it was made.

5. **Outcome Notification**: Applicants will be notified of the review outcome in writing within 28 days. It’s important to note that the notification may not necessarily come from the same embassy that made the original decision.

6. **Limitations**: Applicants are entitled to only one administrative review per refusal decision. Any further requests for the same refusal decision will not be accepted.

 

Overall, the Administrative Review process provides applicants with a mechanism to seek a reassessment of their visa application refusal, with the aim of correcting any errors that may have occurred during the initial decision-making process.

 

If the UK Visas and Immigration (UKVI) rejects the application for a visa for your partner or children as dependents of a points-based system (PBS) applicant, they are not eligible to request an administrative review. Administrative reviews are specifically for assessing whether points have been correctly awarded, and since dependents did not apply under the points-based system, they are not applicable in this scenario.

 

However, your dependents may have either a limited or full right of appeal. The type of appeal right they have will be indicated on the refusal notice (GV51…). This means that your dependents have the opportunity to appeal against the refusal decision, although the specific rights and procedures associated with the appeal process will depend on the type of appeal granted.

 

It’s important to carefully review the refusal notice to understand the available appeal options and to proceed accordingly. If you need further guidance or assistance with the appeal process for your dependents, consider consulting with qualified professionals who specialise in UK visa applications and appeals.

 

 

Useful Links

Facebook
Twitter
LinkedIn
Pinterest
Contact US