The Home Office has the right to reject a visa application if the requirements for the visa are not met. The application can be turned down or the applicant might not be eligible for a visa.

The application for a visa may be rejected if the UK Immigration Office considers that the applicant’s anticipated travel to the UK is not justified based on the information provided in the visa application form. Additionally, the applicant will receive a Letter of Refusal stating the reasons why admission was denied.

 

The letter will also detail the applicant’s rights in light of the desired visa type. There will be the following rights:

  • Administrative Review
  • Appeal to First Tier Tribunal
  • Judicial Review.
  • Re-apply

 

Who is qualified to request an administrative review?

After submitting an application on or after the relevant date, a person who obtained an “eligible decision” may request administrative review. The application refusal letter explains if the applicant has the right to have the visa application decision reviewed. This is known as a “Administrative Review.”

 

Administrative Review is divided into three categories:

  1. Administrative Review from Outside the United Kingdom:

The refusal letter will state whether the applicant may request a re-examination of the decision pertaining to their visa application; this indicates that the applicant may file an administrative review application if the following criteria are met:

  • If the visa request was rejected on or after April 6, 2015, and you applied from a location other than the UK.
  • It is not permitted to contest the denial.
  • Failure to apply for a visitor’s visa or a short-term student visa

 

  1. Administrative Review from Within the United Kingdom:

If their right to appeal is denied, the applicant may request an administrative review from the United Kingdom. Within 14 days of obtaining the verdict, the request for administrative review must be made. If the petitioner has been detained, they have seven days to submit their application. This operation costs £80. If the denial is upheld, the administrative review costs are paid.

 

  1. Additional grounds for Administrative Review:

  • At the border, the visa is revoked.
  • If the applicant was allowed temporary entry into the UK, he or she must file an administrative review request within 14 days of receiving the judgement. If the petitioner is detained, he or she has seven days to file an application. The application must be submitted from the United Kingdom.
  • Having your visa revoked at an international border crossing.

 

Appeal to the First Tier Tribunal:

A well-structured draft of the grounds for appeal may boost the applicant’s chances of success. The grounds for appeal, as well as rebuttals to the reasons for the refusals, are submitted to the first Tier Tribunal at this stage of the appeal procedure.

 

Judicial Review:

The Secretary of State for the Home Department, entry clearance authorities, and others may have their decisions challenged in court by the Upper Tribunal (Immigration and Asylum Chamber) under immigration law.

If the Home Office (UKVI) declines a request for entrance clearance or permission to remain without giving the applicant a chance to appeal, the refusal may be overturned by judicial review (JR) within 90 days of the date of the denial letter.

 

Re-apply:

The applicant may reapply with new supporting papers and visa payments while explaining the reasons for the decision. A new application can be started at any moment. As a result, if the applicant’s application for a UK visa is denied, they may resubmit.

 

Contact The SmartMove2UK:

The SmartMove2UK is an India-based UK visa refusal specialist. Our UK-qualified immigration solicitors and lawyers are knowledgeable in all aspects of UK Visa Refusals. We have submitted numerous reviews and appeals on behalf of our customers, who have since been permitted to travel to the United Kingdom without incident.

 

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