Uploaded on Nov 21, 2024
Know the full process to apply for an Appeal, Administrative Review, or Judicial Review in the UK. All details are covered by our UK immigration solicitor at The SmartMove2UK. Inquire now and Get more insights into our services regarding UK visa refusal
UK visa refusal consultant in India
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Is your UK visa refused?
Don’t worry, you can go for any one
of these four options!*
1. Administrative Review
CALL
2. Appeal to First Tier
T3.r iJbuunal
NOW
dicial
R4.e Rviee-wapply
WHATSAPP
*options will vary by category of visa
applied
Need help to decide the BOOK CONSULTA
right option? TION
CHAT WITH OUR UK VISA REFUSAL CONSULTANT
FOR GUIDANCE NOW!
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The SmartMove2UK – UK visa refusal consultant in India, talks about the
refusals of UK visas and what is the process to overturn a refusal.
An application for any visa may be rejected by the Home Of ce if it does not
meet the requirements of the visa. The application may be invalid or the
applicant would not meet the requirement of the visa.
The requested visa will allow the applicant to travel for the stated purpose.
If the UK Immigration Of ce determines, based on the information provided in
the visa application form, that the applicant has no justi cation for visiting the
UK, it may decide to refuse the applicant’s request for a visa. Further to that,
the applicant will receive a Letter of Refusal, stating the reasons for which the
entry is denied.
The letter will also state the rights of the applicant, based on the visa
category they had applied for. The rights will include one of the following:
Administrative Review
Appeal to First Tier
Tribunal Judicial Review.
Re-apply
To know more talk or have a chat with our expert today! The SmartMove2UK
– UK visa refusal consultant in India
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Administrative Review
Administrative Review is to consider
whether an ‘eligible decision’ is wrong
because of a case working error, and, if
it is, then correct that error.
Administrative Review is only available
where an eligible decision has been
made.
When an application is refused the
Notice of Refusal will advise the
applicant of the rights available to
them.
typically the following applications have a right to an Administrative Review:
Tier 2 visa (now known as Skilled Worker visa, Senior Specialist Worker
visa).
Short-term Work visas.
Student visas.
Tier 1 Entrepreneur visa (extension).
Tier 1 Investor visa (extension).
EUSS.
Who has the right to apply for
an Administrative Review?
A person who applies on or after the relevant date and has received an
‘eligible decision’ may apply for an Administrative Review.
It is mentioned on the application refusal letter if the applicant can ask for
the decision on the visa application to be reviewed. This is known as an
‘Administrative Review ’.
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Administrative Review has 3 categories:
1. Administrative Review from Outside the UK
10/24/24, 4:47 PM UK visa refusal consultant in India
The cost for this process is £80. The fee of Administrative Review is refunded
if the refusal is overturned. Whether the applicant can request a review of the
decision regarding their visa application, will be stated in the refusal letter.
This means that, provided the following requirements are met, the applicant
may submit an application for an Administrative Review:
The visa request was denied on April 6, 2015, or later.
Applied from a location outside the UK where you are
based. Not permitted to appeal the rejection.
Failed to submit an application for a Short-Term Student visa or a
Visitor visa.
Within 28 days of receiving the decision on the denial, an Administrative
Review may be requested. For any mistakes in the review application, the
decision will be reviewed again. No additional data or documents must be
submitted until
speci cally requested to do so.
The steps in the application process for an Administrative Review are as
follows: Getting the Administrative Review Request Notice
Filling it out, and sending it
The applicant will be informed of the Administrative Review’s result within
28 days. Unless the outcome of the review revealed new justi cations for
the visa denial, the applicant cannot ask for a second review. The applicant
might be eligible to request a Judicial Review if they feel that the review was
not conducted properly.
2. Administrative Review from Inside the UK
If the applicant’s right to appeal has not been granted, they may request an
Administrative Review from within the UK. Within 14 days of receiving the
judgement, a request for an Administrative Review must be submitted. The
applicant has 7 days to apply if they have been detained. The cost for this
process is £80. The fee of Administrative Review is refunded if the refusal is
overturned.
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Similar to when applying from outside the UK, the applicant will be informed of
10/24/24, 4:47 PM UK visa refusal consultant in India
the review s ndings within 28 days. A second Administrative Review cannot be
conducted unless the ndings revealed fresh grounds for the visa denial to
the UK.
Even if the visa has expired, the applicant typically won’t be expelled from the
UK until the Administrative Review conclusion arrives.
3. Other circumstances for Administrative Review
A.Having the visa revoked at the border: If the visa was revoked at the
border for one or more of the following reasons, the applicant may request a
review of the decision.
There has been a shift in the applicant’s
circumstances The applicant provided misleading
information
The applicant failed to include crucial facts in the
application
B.If the applicant was permitted to enter the UK temporarily: Within 14
days of receiving the judgement, a request for an Administrative Review must
be submitted. The applicant has 7 days to submit an application if they have
been detained. The application must be submitted from the UK.
C.Having the visa revoked at a border crossing outside the UK: Any of
the following cities may request an Administrative Review within 28 days
of the cancellation of the visa:
Paris
Brussels
Dunkirk
Coquelles
Calais
Lille
The applicant will be informed of the Administrative Review result within 28
days. Keep in mind that the applicant cannot ask for a second review unless
the outcome of the rst review revealed fresh justi cations for the visa denial.
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Appeal to First
Tier Tribunal
Appealing against a
decision of the Entry
Clearance
Of cer for Entry
Clearance visa
applications
Appealing against a decision of the Entry Clearance Of cer for Entry
Clearance visa applications – revealed by UK visa refusal consultant in India
This is the rst step in the appeal process; the grounds of appeal are led
before the First Tier Tribunal countering the reasons for refusals and providing
rebuttals on the same. Drafting the grounds of appeal in an organized way can
help the applicant get a favorable application outcome.
When can you Appeal?
Applicants can le an appeal to the tribunal if they have been given a legal
right to appeal – this is mentioned in the Notice of Refusal received by the
applicants.
Appeal rights are typically granted for refusal of applications by the British
High Commission Post or Home Of ce in the following categories:
Refusal of Leave to Remain, extend leave, and variations (i.e. Curtailment)
of leave in the UK as Fiancé, Spouse, Dependent Children, Civil Partner,
Unmarried Partner, or as a Dependent.
Refusal of Entry Clearance under Fiancé visa, Spouse visa, Dependent
Children visa, Elderly Dependent visa, Adult Dependent visa, Civil
Partner visa, Unmarried Partner visa, Family Visitor visa, etc.
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The decision to deport someone already in the UK.
Decision to ask the person to leave the country from the
airport. Refusal to allow someone asylum in the UK.
10/24/24, 4:47 PM UK visa refusal consultant in India
The applicant can appeal against the following decisions
from outside the UK
A decision to refuse a Human Rights Claim for Entry Clearance.
A Human Rights or protection refusal (where the applicant can
only apply after they have left the country).
A decision by the Home Of ce to deport the applicant as a
European Economic Area (EEA) National.
The application for an EEA family permit as a family member of an
EEA
National was refused by the Home Of ce under the EEA
Regulations. Certain decisions about applications submitted before
06 April 2015.
The applicant can appeal against the following decisions
from within the UK
The applicant’s human rights or protection claim has been
refused while in the UK.
A decision made under the European Economic Area (EEA)
Regulations, e.g. the Home Of ce has refused to issue a
residence document.
A decision by the Home Of ce to deport the applicant (as an
EEA National).
A decision where the applicant has been detained and the
decision
letter was sent by the Detained Asylum Casework team at
the Home Of ce.
A decision to revoke the applicant’s UK citizenship.
A decision to revoke the applicant’s protection status.
Certain decisions about applications submitted before 6
April 2015.
Judicial
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Review
10/24/24, 4:47 PM UK visa refusal consultant in India
What is the UK visa Judicial Review
and how can you apply? – answered
by a UK visa refusal consultant in
India
The Upper Tribunal (Immigration and
Asylum Chamber) is responsible for
the Judicial Review of certain
decisions made by the Secretary of
State for the Home Department, entry
clearance
of cers, and others, under
immigration legislation.
Where the Home Of ce (UKVI) has refused an application for entry clearance or
leave to remain and has not granted a right of Appeal against the Refusal of the
application, such a refusal can be challenged by way of Judicial Review (JR)
within 90 days from the date of the refusal letter.
Per Civil Procedure Rules, a Pre-Action Protocol (PAP) notice must be sent to
the Home Of ce (UKVI), allowing them at least 14 days to review their
decision and change their decision considering the information/documentary
evidence given through the Pre-Action Protocol letter. The main aim of the
PAP is to avoid unnecessary litigation.
It is possible that because of the Pre-Action Protocol letter, the Home Of ce
(UKVI) may review their decision to refuse the application and either maintain
the refusal or grant approval on the visa application.
If the decision to refuse is maintained or the Home Of ce does not respond to
the Pre-Action Protocol letter within the stipulated time, applicants can apply to
the Upper Tribunal for permission to apply for Judicial Review.
Such an application is made on papers; the court will refuse and grant
permission on papers without a court hearing.
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10/24/24, 4:47 PM UK visa refusal consultant in India
Re-apply
The applicant may submit a new
application that addresses the
reasons for rejection along with new
supporting documentation and the
visa fees. Making a new application
has no time restriction. So, following
the denial of the UK visa, the
applicant is free to re-apply.
Any visa application can face a refusal from the UK Immigration authorities for
a number of reasons, including those listed below. The following are the most
typical reasons why a UK visa would be rejected:
C Providing incorrect or fake documentation is
deception.
C If the applicant is the subject of a deportation
order.
C If the applicant has a criminal record that calls for a minimum 4-year
jail sentence.
C Concealing information about any criminal history on
purpose.
C Not enough money to travel to the UK.
C On a prior visit to the UK, the applicant overstayed their visa or
provided falsi ed documentation.
C The applicant does not adhere to the requirements for the visa, such
as providing a medical report or submitting a biometric scan or
photograph.
C The applicant lacks a passport or other acceptable form of identi
cation.
C The applicant has not revealed any signi cant information about the
visa application procedure.
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Do not get disheartened if you got a refusal on your UK visa there is still a
chance left to get it right the next time.
It is always advised that the applicant must seek professional help before
making any visa application by themselves because the UK’s immigration laws
can be
dif cult to navigate and mistakes in the application form result in refusals
and sometimes, denial of entry for up to 10 years.
The SmartMove2UK is a UK visa refusal consultant in India. Our UK-quali ed
immigration solicitor and lawyers are well versed in all matters concerning UK
Visa Refusals. We have led many reviews and appeals for our clients, who
were then able to travel to the UK without any worries.
Speak to our UK Visa Expert today!
+91 9819127002 +91 9819127002
Book your Consultation [email protected]
A professional advice will go a long way to reverse
your refusal
Fill this form and one of our UK visa refusal consultant based in
India – Mumbai, Delhi & Bangalore will contact you asap.
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