Admin
15th December 2004, 12:00
Refusals and Appeals
What if I am refused a visa?
93% of our applicants worldwide receive the visa that they have applied for. If you are refused a visa, the entry clearance officer will give you a written notice explaining why. To ensure that we have made a fair decision, in accordance with the UK Immigration Rules, an entry clearance manager reviews every refusal within 24 hours. In some cases, you will have the right of appeal against the decision.
If you have been refused a visa, you may apply again at any time, but if the circumstances leading to your refusal have not changed, you may be refused again.
Can I appeal against my refusal?
You can appeal against refusal of some types of entry clearance applications, for example:
Family visit – to visit close family members in the UK.
Spouse, fiancé(e) or unmarried partner – to settle in the UK
Student – to study for more than 6 months in the UK.
Work Permit holder – to work full-time in the UK
There are also other types of entry clearance applications which, if you are seeking to spend 6 months or more in the UK, you may have the right of appeal if you are refused. If you are entitled to appeal, this will be explained in your written notice of refusal. Further information is available at: Immigration and Nationality Directorate
How do I make my appeal?
If you have the right of appeal the Entry Clearance Officer will give you three forms:
your written notice of refusal (setting out why your application for a visa has been refused);
your notice of appeal (the form which you must complete and return to the Entry Clearance Officer explaining why you think he or she was wrong to refuse your application); and
a leaflet explaining the appeals process.
Is there a time limit?
Yes. You must complete and return the notice of appeal to the entry clearance officer within 28 calendar days of receipt of the notice. If the notice is posted to you, this time limit starts from the date you receive the notice.
How much does it cost?
There is no charge for an appeal against refusal of visa.
What happens when I make my appeal?
When the Entry Clearance Officer receives your appeal he or she will review the application again, taking account of any further comments you have made in the Grounds of Appeal and of any fresh evidence. The original decision may be reversed at this stage, and an entry clearance issued.
If the Entry Clearance Officer does not alter the decision, and you choose to exercise your right of appeal, he or she will write an Explanatory Statement, which will explain in greater detail his or her reasons for refusing the visa. This will be sent with all your papers to the Home Office for onward transmission to the Immigration Appellate Authority and to your representative.
What does the Immigration Appellate Authority do?
The Immigration Appellate Authority (IAA) was set up by Parliament to resolve immigration appeal cases. The IAA will arrange for your representative in the UK to receive copies of all the relevant papers, including the Entry Clearance Officer’s Explanatory Statement. The IAA will then arrange for your case to be heard.
Who will decide the outcome of my appeal?
An independent adjudicator will hear your appeal in the UK. When considering an appeal, the Adjudicator will take full account of all the evidence presented by you and/or by your representative, as well as by the Home Office. He or she will then make a judgement based upon the Immigration Rules and on the individual merits of your appeal.
How long will my appeal take?
Family visit appeal –The IAA’s aim is to process Family Visit appeals as quickly as possible. Paper hearings, generally, are dealt with more quickly than oral hearings, but neither should take more than a few weeks, after the papers have been received by the Immigration Appellate Authority. Unfortunately, it is not possible to give guarantees on how long an appeal will take and this information is given for guidance only.
Other appeals – It is not possible to give times for other appeals. It is likely that the appeal will not be listed for a hearing for some considerable time, possibly up to one year.
How do I contact the Immigration Appellate Authority?
If you or your representative wish to enquire about the progress of your appeal, or to obtain more information about the appeals system, you can contact the IAA at following address. Please give the name of the Post where the application was made and the Post reference number when making an enquiry: Immigration Appellate Authority
Customer Service Centre
Crown House
Southfield Road
Loughborough LE11 2TW
Tel: (+44) (0) 845 6000877
Fax: (+44) (0) 509 221444
Can I get independent advice?
You or your sponsor can obtain advice and help about appeals from the Immigration Advisory Service (IAS). The IAS is a voluntary organisation, independent of government, which provides free and confidential advice to visa applicants and their representatives.
The IAS can help you decide whether or not to lodge an appeal. The IAS can also present an appeal to the Appellate Authority on your behalf. You can contact them at: Immigration Advisory Service
2nd Floor
County House
190 Great Dover Street
London SE1 4YB
Telephone: (+44) (0) 20 7357 6917
Duty Office: (+44) (0) 20 8814 1559
Fax: (+44) (0) 20 7378 0665
email: advice@iasuk.org
The IAS also has offices in Birmingham, Cardiff, Gatwick Airport, Glasgow, Harmondsworth, Heathrow Airport, Leeds and Manchester.
Depending on the strength of your case and on your sponsor’s financial circumstances, they may be entitled to have your legal representative paid for by the Legal Services Commission’s 'Community Legal Service' (CLS).
To find out if your sponsor qualifies for this funding contact: Community Legal Service Policy Team
Legal Services Commission
85 Gray’s Inn Road
London WC1X 8TX
Tel: (+44) (0) 845 608 1122
*Information correct as of 15/12/04
What if I am refused a visa?
93% of our applicants worldwide receive the visa that they have applied for. If you are refused a visa, the entry clearance officer will give you a written notice explaining why. To ensure that we have made a fair decision, in accordance with the UK Immigration Rules, an entry clearance manager reviews every refusal within 24 hours. In some cases, you will have the right of appeal against the decision.
If you have been refused a visa, you may apply again at any time, but if the circumstances leading to your refusal have not changed, you may be refused again.
Can I appeal against my refusal?
You can appeal against refusal of some types of entry clearance applications, for example:
Family visit – to visit close family members in the UK.
Spouse, fiancé(e) or unmarried partner – to settle in the UK
Student – to study for more than 6 months in the UK.
Work Permit holder – to work full-time in the UK
There are also other types of entry clearance applications which, if you are seeking to spend 6 months or more in the UK, you may have the right of appeal if you are refused. If you are entitled to appeal, this will be explained in your written notice of refusal. Further information is available at: Immigration and Nationality Directorate
How do I make my appeal?
If you have the right of appeal the Entry Clearance Officer will give you three forms:
your written notice of refusal (setting out why your application for a visa has been refused);
your notice of appeal (the form which you must complete and return to the Entry Clearance Officer explaining why you think he or she was wrong to refuse your application); and
a leaflet explaining the appeals process.
Is there a time limit?
Yes. You must complete and return the notice of appeal to the entry clearance officer within 28 calendar days of receipt of the notice. If the notice is posted to you, this time limit starts from the date you receive the notice.
How much does it cost?
There is no charge for an appeal against refusal of visa.
What happens when I make my appeal?
When the Entry Clearance Officer receives your appeal he or she will review the application again, taking account of any further comments you have made in the Grounds of Appeal and of any fresh evidence. The original decision may be reversed at this stage, and an entry clearance issued.
If the Entry Clearance Officer does not alter the decision, and you choose to exercise your right of appeal, he or she will write an Explanatory Statement, which will explain in greater detail his or her reasons for refusing the visa. This will be sent with all your papers to the Home Office for onward transmission to the Immigration Appellate Authority and to your representative.
What does the Immigration Appellate Authority do?
The Immigration Appellate Authority (IAA) was set up by Parliament to resolve immigration appeal cases. The IAA will arrange for your representative in the UK to receive copies of all the relevant papers, including the Entry Clearance Officer’s Explanatory Statement. The IAA will then arrange for your case to be heard.
Who will decide the outcome of my appeal?
An independent adjudicator will hear your appeal in the UK. When considering an appeal, the Adjudicator will take full account of all the evidence presented by you and/or by your representative, as well as by the Home Office. He or she will then make a judgement based upon the Immigration Rules and on the individual merits of your appeal.
How long will my appeal take?
Family visit appeal –The IAA’s aim is to process Family Visit appeals as quickly as possible. Paper hearings, generally, are dealt with more quickly than oral hearings, but neither should take more than a few weeks, after the papers have been received by the Immigration Appellate Authority. Unfortunately, it is not possible to give guarantees on how long an appeal will take and this information is given for guidance only.
Other appeals – It is not possible to give times for other appeals. It is likely that the appeal will not be listed for a hearing for some considerable time, possibly up to one year.
How do I contact the Immigration Appellate Authority?
If you or your representative wish to enquire about the progress of your appeal, or to obtain more information about the appeals system, you can contact the IAA at following address. Please give the name of the Post where the application was made and the Post reference number when making an enquiry: Immigration Appellate Authority
Customer Service Centre
Crown House
Southfield Road
Loughborough LE11 2TW
Tel: (+44) (0) 845 6000877
Fax: (+44) (0) 509 221444
Can I get independent advice?
You or your sponsor can obtain advice and help about appeals from the Immigration Advisory Service (IAS). The IAS is a voluntary organisation, independent of government, which provides free and confidential advice to visa applicants and their representatives.
The IAS can help you decide whether or not to lodge an appeal. The IAS can also present an appeal to the Appellate Authority on your behalf. You can contact them at: Immigration Advisory Service
2nd Floor
County House
190 Great Dover Street
London SE1 4YB
Telephone: (+44) (0) 20 7357 6917
Duty Office: (+44) (0) 20 8814 1559
Fax: (+44) (0) 20 7378 0665
email: advice@iasuk.org
The IAS also has offices in Birmingham, Cardiff, Gatwick Airport, Glasgow, Harmondsworth, Heathrow Airport, Leeds and Manchester.
Depending on the strength of your case and on your sponsor’s financial circumstances, they may be entitled to have your legal representative paid for by the Legal Services Commission’s 'Community Legal Service' (CLS).
To find out if your sponsor qualifies for this funding contact: Community Legal Service Policy Team
Legal Services Commission
85 Gray’s Inn Road
London WC1X 8TX
Tel: (+44) (0) 845 608 1122
*Information correct as of 15/12/04