• Visa and Immigration Appeals

Visa and Immigration Appeals

If you have been refused entry to the UK or have had your visa or settlement application rejected by UK Visas and Immigration, you may have grounds to appeal the decision. You may also be able to make a new application for the same visa, or to apply for a different visa.

Understanding your options and required supporting documents for any UK visa application is important, and especially so if you have previously had a visa application denied.

Book a consultation with our trusted UK immigration solicitor to discuss your specific needs and circumstances, and get expert advice on your options before making a visa application or lodging an appeal.

Administrative Review (from outside the UK)

In the letter you received informing you of the refusal decision, you will have been told if you are eligible to request an ‘administrative review’.

An administrative review is an official but non-judicial process whereby the Home Office considers the facts of your application a second time and checks that the correct guidance and processes were followed in reaching their decision.

Adminstrative reviews from outside the UK are available only if all of the following are true:

  • you applied from outside the UK;
  • you do not have formal legal ‘right of appeal’ against the refusal decision
  • you were not applying to visit the UK as a Standard Visitor (unless you applied as a S2 Healthcare Visitor)

There may be a specific administrative review process for certain types of immigration applications. Your decision letter should confirm if this is the case.

Administrative reviews must be applied for within 28 days of receiving your decision, and are subject to a fee of £80. It can take 6 months or more for an administrative review to be carried out and to get the results. You should note that if you make any other immigration or visa application your review will automatically be rejected.

Administrative Review (from inside the UK)

Adminstrative reviews from inside the UK are available only if you applied from inside the UK and either:

  • your application was refused; or
  • your application was granted, but you are dissatisifed with the conditions or length of your leave to remain in the UK

There may be a specific administrative review process for certain types of immigration applications. Your decision letter should confirm if this is the case.

Administrative reviews from inside the UK must be applied for within 14 days of receiving a refusal decision, and are subject to a fee of £80. If you were detained on immigration grounds on the day you received your decision, you must apply within 7 days. If your application was successful but you wish to appeal the conditions or length of your leave to remain, you must apply within 14 days of receiving your biometric residence permit.

It can take 6 months or more for an administrative review to be carried out and to get the results. If you make any other immigration or visa application your review will automatically be rejected.

Discuss your appeal options

First-tier Tribunal Appeals

Unlike an administrative review, an appeal to the First-tier Tribunal is a formal judicial process whereby a judge considers arguments and evidence presented by both sides, before making a decision based on UK immigration law. This process may be carried out with or without an oral hearing.

Your visa refusal letter from the Home Office will usually tell you if you have the legal right to appeal to a tribunal. You may have the right to appeal if the Home Office has:

  • refused an asylum claim or revoked previously-granted asylum status
  • refused a human rights claim
  • revoked your British citizenship
  • refused or revoked your status under the EU settlement scheme
  • refused or revoked your permission to be in the UK, or is seeking to deport you as either a frontier worker or S2 healthcare visitor

Individual circumstances and grounds for appeal will differ, so you may wish to discuss your case with a UK immigration solicitor before deciding whether to submit an appeal to a First-tier Tribunal.

Once they have considered the arguments and evidence presented, the tribunal judge may uphold or dismiss your appeal. If your appeal is upheld, the Home Office may be instructed to review or change their original refusal decision.

Both sides have the option to make a further appeal against the decision of the First-tier Tribunal to an Upper Tier Tribunal. If you are considering this option, you may wish to speak to a UK immigration solicitor before deciding whether to lodge a further appeal.

Further options

Depending on your personal circumstances, it may be quicker and more straightforward to submit a new application or to apply for a different visa.

Appealing an immigration decision through the use of Administrative Review or Tribunal Appeal can be time-consuming and complex.

The current processing time for some administrative reviews can be over 6 months. However, ‘new’ visa applications can be reviewed in as little as three weeks, and in a matter of days for applicants willing to pay for priority booking.

While the Home Office can take into account previous refusals in making a decision on a new visa application, being refused previously will not always count against you. For example, if the Home Office previously refused to grant a visa because of submission of insufficient evidence—such as proof of funds, missing documents or certified translations—you may be able to correct these omissions in a future application.

It is important to note that any fees paid for refused visas will not be refunded if you choose to apply again or for a different visa, and that you will have to pay the fee for the second application as well. In addition, your eligibility to submit repeated applications will depend on the specific visa or category of visa in question.

The best way to find out the right options for your specific circumstances is to speak with a qualified UK immigration solicitor.

You can book an appointment with us directly, or you can provide some details of your case via the form below and a member of the team will email or call back to discuss your case.

Appeal Callback Request Form

  • e.g. Melbourne, Australia
  • e.g. the type of visa or settlement you have applied for; if this is an extension or new application; when you received the decision; reasons given by the Home Office for their decision
  • e.g. your decision letter from the Home Office, any previous appeal decisions
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    Neveen Galal

    Neveen is a UK Immigration Solicitor with over 20 years experience in UK Immigration Law. She represents corporate and individual clients seeking assistance with any visa category to the UK. Neveen is a graduate of Westminster University, from which she was awarded the 2021 Westminster Alumni Outstanding Achievement Award.

    Neveen’s rapid career trajectory saw her progress at pace from paralegal to Head of Department level, and then to earning a place on her firm’s Board of Directors by the age of 28. This achievement was recognised by Who’s Who placing her in their directory of ‘Britain’s Business Elite’ in 2008. Neveen then went on to establish her own boutique Immigration Law Firm in the City of London in 2015. She also co-founded the Hexagon Legal Network in 2017.

    Neveen is passionate about all aspects of UK immigration law, and is committed to providing bespoke residence and citizenship solutions to citizens across the globe that wish to relocate to the UK. Neveen’s immigration advisory services are predominately geared towards highly skilled workers and companies wishing to have a UK presence, however she and her team of experienced immigration advisors can also assist with partner-based applications, student visas and all other personal and business immigration matters.

    If you would like to discuss your UK immigration matter or have any questions about your options for immigrating to the UK, you can book a consultation here.