Here's what you need to know if your UK visa has been refused

While entering the United Kingdom, there is always a possibility that you will be refused entry. The reasons can vary widely and many people are left feeling at the end that the decision was unfair. However, there are a number of options available to you when you have been refused entry.
 

What is UK visa refusal?

A visa refusal for the UK refers to the rejection of a visa application by the UK immigration authorities. In general terms, it means the act of denying your entry into the UK by rejecting your visa application.
 

What to do in case of a visa for a UK visit is rejected?

Once a UK visa application has been rejected, the applicant is notified about the same in writing along with the reasons for the refusal of the application. The United Kingdom follows a points-based 5-tier visa system which is the main UK immigration route for migrants from outside the European Economic Area (EEA) to come to the UK to work, study, invest, or train. An application for a visa can be refused under the points-based system, however, the applicants whose visa has been refused under this system can either re-apply or appeal for an administrative review. Whether the applicant is permitted to appeal the refusal or not will be mentioned in the visa rejection letter. In case the letter does not specify anything in relation to the appeal, the applicant will have to file a fresh application for a visa.
 

General reasons for UK visa refusal

The UK immigration office can choose to reject an applicant's visa on various grounds. Some of the common grounds for refusal have been listed below:

1. If the applicant has received an order for deportation.

2. If the applicant has submitted fraudulent or false documents with the application.

3. If the applicant has been convicted of a crime that is punishable with an imprisonment of four or more years.

4. If the applicant has deliberately withheld documentation of a criminal record if any.

5. If the applicant has insufficient funds for the trip to the UK.

6. If the applicant on his previous trip to the UK has overstayed or has submitted false documents.

7. If the applicant does not have a valid travel document (such as a passport).

8. If the applicant does not adhere to the visa regulations like providing a medical report or submitting a biometric scan or photograph.

9. If the applicant has not specified the purpose of the visit in the application of a visa.

10. If the applicant has not revealed relevant facts pertaining to the visa application process.

Chances of getting a UK visa after refusal

In the event of a refusal decision, usually, there are two possible available actions:

• To furnish a re-application and address the issues highlighted in the rejection letter or

• To file an appeal or judicial review against a refusal decision

Accordingly, one does not need to wait for any specific duration of time before re-applying for a UK visa. Perhaps, one can reapply for a UK visa as soon as possible, especially if the grounds for refusal are tenable. In order to ensure acceptance of the application, it is not advisable to submit an ill-advised UK Visa application again and again as such will be rejected. Therefore, there is no need of wasting time, money, and energy on a badly prepared application. What is required is to understand the requirements for the particular UK Visa Application and submitting a well-prepared application that has the potential of satisfying the Entry Clearance Officer (ECO).
 

How to appeal in case of rejection of visa application and how long does it take?

The applicant can file an appeal against the visa rejection in the following steps:

1. The applicant will have to file the form IAFT-2 to appeal against the Home Office's decision.

2. The form IAFT-2, once filled and signed, will have to be submitted along with supporting documents to the First-Tier Tribunal (Immigration and Asylum Chamber).

3. Upon receiving the documents, the chamber will send the documents to the relevant authorities where the case will be reviewed.

4. Thereafter, a hearing will be arranged and the applicant will be notified of the details of the hearing. A judge will then review all the documents pertaining to the case at the hearing and give the decision on the matter within 10 days from the hearing date.

5. Once the decision is made it will be communicated to the applicant in writing.

6. If the decision made is in favor of the applicant, he/she will be notified about the same and will be contacted by the visa authorities for the completion of the application process.

7. In case the application has been rejected in the review order, the applicant will have to file a fresh application.

This entire process of filing an appeal and getting a decision takes around 12 weeks starting from the date of submission of the form IAFT-2.
 

How can a lawyer help you in the process?

A lawyer having a significant amount of experience in the field of immigration-related issues can be of great help in the instances of UK visa refusal. He can ensure that those who have had a visa refusal do not repeat the mistakes that led to their visa refusal on the first place. If you have had a UK visit visa refusal and wish to make a new application or require advice on your first application, an experienced immigration lawyer can be a useful resort. A lawyer will be able to review your refusal notice and provide you with a legal opinion. If a fresh application is your best option a lawyer can also help you prepare the same in a more effective manner while ensuring low chances of refusal.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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