UK Visa Refusals and Appeal

Reasons For UK Visa Application's Refusals And The Subsequent Actions

The feeling of depletion is normal if we face rejection after putting in a lot of work on a task. You must have given your 99%, but aim for 100% next time is a common phrase to comfort students who did not do well on a test or fell short by a few marks. The situation is identical to visas for the United Kingdom. 

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People must pay more attention to the rules and requirements for obtaining a visa. But, sometimes, we overlook minor points and then wonder about the reason for rejection. It is because the authorities carefully review each application before approval or rejection. So even a little mistake in a particular visa process step may cause a denial. Especially after the COVID-19 pandemic, immigration laws in the United Kingdom became more complicated and stringent. 

To obtain a successful visa, it is always preferable to seek guidance from UK immigration experts. We, Osbourne Pinner, are one of London’s leading solicitors, with an unrivaled track record in all of the fields of law in which we serve our clients. We provide expert legal guidance and a friendly and welcoming staff.

First, we’ll look at some of the most common causes of visa denial in the United Kingdom.

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Reasons for UK Visa Refusal

The following are some of the most common reasons for rejecting a UK visa application:

No errors in the UK visa form

Any minor error could result in a visa denial. So we suggest you chronologically organise your documents and display all the necessary information. An immigration solicitor in Osbourne Pinner can significantly assist in drafting the papers and reviewing your visa application to ensure everything is in order.

Categorise the application

Whether traveling as a student, spouse, or business partner, you should notice the visa category because it shows the most critical aspect of your visa application. Also, provide the relevant proof accordingly. For example, when applying for a spouse visa, the most frequent reason for a visa refusal is the inability to provide adequate evidence of the relationship.

Sufficient funds in a bank account

To satisfy the requirements for a UK visa, you must have enough funds in your bank account. However, many rejections are because of abnormal financial activity or bulk transactions in the applicant’s bank account.

Provide a planned itinerary

If visa applicants need clarification on their visa category due to an unplanned itinerary or tentative travel plans, it may lead to rejection.

A visa denial letter can feel like the end of the world after the applicant has spent so much time, effort, and money on the application process. So, if you have received a “Visa Denied Letter,” you may wonder what to do next and how to challenge the decision.

Inadequate supervision

Experts are available to make your job more manageable, effective, and efficient. The work and procedure of applying for a visa can be daunting. If you want to reduce your stress and anxiety, professional assistance is what you need. If you face rejection, the skilled immigration lawyers at Osborne Pinner will help you file an appeal.

Tier 2, 4 & 5 Visas Refusals

Tier 2 Visa Refusals

You can enter or remain in the UK and work for a qualified employer on a Skilled Worker visa. This visa is in substitute for the former Tier 2 (General) work visa.

Reasons for Tier 2 visa denial

The particular Tier 2 Visa Refusal Reasons will be detailed in the Home Office refusal letter. Among the more common grounds are: 

  • The most obvious refusal reason can be the suggested job’s SOC code is incorrect. It is not always easy to assign the correct SOC code, but it is important to the success of a Tier 2 visa application.
  • Omissions or inappropriate document format might lead to a visa refusal. It is important to provide accurate supporting evidence.
  • Employers must meet the Resident Labour Market Test (RLMT) in order to hire a Tier 2 worker unless the role is on the Shortage Occupation List at the time of hiring. 
  • Tier 2 personnel must be assigned the appropriate Certificate of Sponsorship. Not providing a valid one can result in refusal.
  • The Tier 2 role must command pay that fulfils the current minimum wage barrier.

Student Visa Refusal

This visa has superseded Tier 4 (General) student visas. If you are 16 or older and meet the criteria, you can register for a Student visa to study in the UK.

Here are the reasons for UK Student Visa rejection: 

  • Failure to submit an ATAS certification (if your course falls under this criteria) 
  • Submitting old or expired financial documents, as well as financial documents from relatives (i.e. non-parental financial documents)
  • This prevalent cause refers to students’ casual approach to filling out the Visa form, which results in refusal or waiting for your form for 6 months. 
  • Inability to answer Home Office requests or respond promptly or within specified dates. 

Few more reasons can be a failure to specify the objective of the visa application, inability to indicate the correct visa category, providing an ambiguous visa journey, and neglecting to state the intent of issuing your visa application, all of which lead to an incorrect or eligible visa form.

Tier 5 Visa Refusal

This visa has replaced the Temporary Worker – Government Authorized Exchange visa. Tier 5 Youth Mobility Visa allows many young people seeking work experience in the UK to enter the country.

If you do not complete the application correctly or include all of the required documents, your visa may be denied, resulting in lost time and money.  You will not be able to appeal because the Tier 5 Youth Mobility Visa is a points-based visa.

Options in case of UK Visa Refusal

You can make your case to the Home Office if you want to. You may make mistakes if you move forward without first learning the ins and outs of UK immigration legislation. Leave delicate immigration law issues in the hands of experienced attorneys. 

The appeal process differs based on whether you file the appeal or have a legal expert file it on your behalf.

Having a legal professional submit an appeal on your behalf

Osbourne Pinner’s experienced immigration lawyers will assist you in appealing rejected applications or deportation orders. We have extensive expertise managing difficult judicial reviews in all areas of UK immigration law. First, we’ll review your initial visa application to determine the reason for rejection.

If you're making the petition on your own

An appeal from within the United Kingdom

You can appeal to the tribunal if you have the legal authority, typically stated in your decision letter, referred to as an “administrative review.” If you are unsure, consult a solicitor or an immigration advisor. 

You must file for an administrative review within 14 days of receiving the decision if the application gets rejected. It will cost you £80. You must submit your application within 7 days if you were in custody when you received your ruling.

An administrative evaluation may be requested if all of the following conditions meet the criteria:

If you are not qualified for an administrative review, you may be able to appeal the immigration decision.

An appeal from outside the United Kingdom

You must request an administrative review within 28 days of receiving the ruling. The cost is £80.

Under this category, you can request an administrative evaluation under the following criteria:

Decision time

The administrative evaluation can take 6 months or more to complete. The Home Office will provide an update on the status of your application if there is no decision within 6 months. The delay in processing applications has no bearing on your privileges.

There is a possibility to request a third review only if the second review mentions fresh grounds for denial. Your decision statement will inform you if you are eligible for a second review.

If you have filed an appeal from the UK and your visa has expired, then until the authorities review your request, you will not be required to leave the country.

How to appeal

If you’re appealing on your behalf, use the online tool to:

  • File an appeal
  • Add papers that will help your application
  • Request a hearing
  • Receive a response to your request

You must first establish an account. You will also require the following:

  • Your home office reference number (found in your decision letter) 
  • Any papers supporting your application 
  • An email address or mobile phone number

You can also submit by mail, fax, or email using form IAFT-5, along with copies of the supporting documents. Form IAFT5 should be used from within the UK. This form can only be used if you have the legal right to appeal to the First-tier Tribunal.

Use form IAFT-5 to challenge any of the following decisions:

  • You will be deported due to the Immigration (European Economic Area) Regulations of 2016.
  • If you are a frontier worker, your permission may be refused or revoked, or it can also lead to deportation.
  • Declining to grant you leave, revoking your leave, or deporting you if you have an S2 Healthcare Visitor visa.

If you are appealing outside the UK, apart from the points mentioned above, you can use form IAFT-6 to challenge any of the following decisions:

  • Refusing to grant entry clearance based on a human rights allegation.
  • Deporting you, denying or revoking your status, or modifying the duration or terms of your stay under the EU Settlement Scheme.
  • Refusing or revoking your EU Settlement Scheme family pass or travel certificate.

Use form IAFT-7 to appeal a decision to deny a human rights or protection claim after you’ve left the country. You can only appeal after being rejected.

Osbourne Pinner's Comprehensive Guide to Handling Visa Denials for the United Kingdom

Whether your application was not accepted or given an order to leave the country, the knowledgeable immigration attorneys at Osbourne Pinner will assist you throughout the appeals process. We have a wealth of experience handling detailed judicial reviews in every area of immigration law in the UK. When you first come in for a consultation, we will review your original application to determine why the authorities denied your visa request.

In response to each request, we carry out the following steps:

Evaluate the merits and shortcomings of your case

Our dynamic group of attorneys will investigate every potential avenue for challenging the decision made by the Home Office.

Putting together your arguments and filing your petition for review

If our team decides that your case merits further consideration, we will begin compiling all the required information and assembling the necessary paperwork to file an appeal.

Putting forward your arguments for consideration at the appeal hearing

When the day of your appeal hearing arrives, our immigration attorneys will be there to represent your case and provide comprehensive support throughout the necessary legal process.

Accomplishment in the visa appeal process

Although ensuring that every appeal will be successful is impossible, we have an incredible track record of successfully appealing visa denials. However, it is important to note that any internal and external client-side variables can influence the outcome of a visa application.

Why choose Osbourne Pinner for a UK Visa appeal

The immigration attorneys at Osbourne Pinner will guide you through the process of appealing the decision regarding your immigration status. We will ensure you can correct the errors that led to the decision. 

After appealing to the Home Office, you can reapply for a visa to increase your chances of being granted permission to live and work in the UK. Your circumstances and the amount of time you plan to spend in the UK are significant factors that should guide your decision regarding which immigration pathway to pursue. You can successfully enter the country with the assistance of our legal professionals, who can guide you through selecting the best visa.

Reasons you should choose us above the dozens of other solicitors who represent you:

Client Contentment: Everything we do at Osbourne Pinner is assessed by your level of satisfaction.​

Motivated by Results: Our knowledge, devotion, and professionalism help propel every case we work on to a successful conclusion.

Rapid Reactions: We are available at all times. So if you require immediate legal help, contact us during office hours or via our 24/7 Live Chat.​

Professional Groups: We've assembled an experienced team of legal professionals in the fields they cover. With us, you'll only be working with the best.​

Transparent fees: With us, there are no hidden fees or expenses. Our prices and costs are open and transparent.

Services with Confidentiality: We respect our clients' privacy. All client information and data are securely maintained and can only be viewed by our team of Solicitors.

Examples of people who defied the odds and won

Tier 1 Visa 

Our client applied for Tier 1 (Exceptional Talent) endorsement. Despite the fact that our client had applied for two patents in the United States, was a published author, and had been on various news sites discussing digital technology, his application was denied by the Endorsing Body. The client asserted his right to an Endorsement Review. However, the Endorsing Body turned down his request. After that, the client approached Osbourne Pinner.

Osbourne Pinner’s specialists were pleased that the customer matched the criteria for being recognised as an Exceptional Talent. As a result, we advised and aided the client in filing a new Endorsement application to Tech Nation.

The Tier 1 Visa has a high denial rate, particularly in the digital technology sector. As a result, in order to build a solid case, we meticulously gathered extensive material and offered comprehensive legal statements to demonstrate that the client was a legitimate entrepreneur. We presented legal submissions and successfully contested the decision-makers’s earlier application’s unfavourable credibility findings. For our client and his family, we were successful in getting endorsements.

Visa Refusal 

One of our clients reached us based on a referral to aid a family member who had been refused a visa. Pre-Action Protocol was filed and approved within a few months. Here is what the client has to say “We would absolutely use their services again and would strongly suggest them to all of my contacts. Thank you so much to everyone on the team for your help throughout this difficult journey.”

Ending Notes

If you do not make any mistakes in your application or supporting documents, applying for any UK visa should go smoothly. Your visa may be refused because of the tiniest errors. To ensure a smooth process, you can choose to make an application through Osbourne Pinner

If you have applied for a visa and plan to file an appeal, we are here to help. Our expert consultants will advise you on handling the denial and measures taken to reverse the decision. We will provide a list of the necessary paperwork and how to deal with any problems that may arise. Contact us today to book a free consultation.

FAQs

When may I reapply if my UK visa is denied?

If you have applied for a visa or immigration status in the UK and received a rejection, you may be able to appeal the decision. A “reconsideration request” describes this kind of inquiry. It is neither an official appeal nor an administrative evaluation of the situation. You can request reexamination if you believe that the authorities did not follow immigration laws or processes when reaching the decision.

What happens if my UK visa appeal is successful?

If you prevail in your appeal, the Home Office will reconsider (sometimes written as “revise”) its previous decision. Even if there has been a significant change in your situation since you first lodged your appeal, the Home Office will likely reassess your entire case. If you successfully appeal, the judge may order the Home Office to give you a “fee award” of up to the same amount you paid for your tribunal charge.

What happens if my appeal is denied?

Firstly, there is no restriction on how soon the new application can be submitted. Hence there is no time limit for a new application. But it is crucial that the new application fully addresses the concerns raised in the old one. After an initial meeting, Osbourne Pinner will thoroughly evaluate the case and advise you on all available choices, timescales, and costs.

If you decide to appeal the refusal, we will help you every step of the way, from filing the appeal to representing you at the First-Tier and Upper Immigration Tribunals.

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Nikhil Parmar
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Very Professional and responsive I instructed Osbourne Pinner Solicitors for my UK Start Up visa. I was so pleased with the whole immigration team. Solicitor Ravi and Ardra dealt with my UK Start Up process. I was so pleased with the way they dealt with the whole process. Everything was so smooth. Both of them were so responsive throughout the whole process. Ms. Ardra updated me all the time. My Endorsement decision came in less than 3 weeks. Their in house business strategist was very supportive and helpful too. The way they provided me support during all the workshops with the business strategist and then preparing me for the endorsement body, it was like a hand holding thing for me. I am so grateful for all their support. It has been fortunate for me to find Osbourne Pinner. Thank you for all your support and help throughout the tricky process. I am so pleased to receive my successful start up visa endorsement with Osbourne Pinner. I can not wait to see the whole team after my visit to the UK with my family. I will highly recommend your services to Osbourne Pinner.
Peter Willoughby
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Osbourne Pinner, and in particular their family law team were recommended to me by a good friend and trustworthy source. I have found in my dealings with them that they go the extra ‘proverbial mile’ in trying to help. This is not something I have experienced before with any other of the big family law firms. I am very happy with the service and will now recommend to my family, friends and colleagues.
Robert C
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The team at Osbourne Pinner were absolutely fantastic and I would recommend them to anyone! Special thanks to the family team.
Getnet Zeriune
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Osbourne Pinner in London I could have ever dealt with. From how my case was handled, the communication, replying to my calls and explaining to me in detail about the law. Special thanks to Kanchan Gooransingh ’s my personal advisor in getting my spouse visa processed very quickly and professionally.If you are looking for a professional and exceptional value for money service then, look no further. The team at Osbourne Pinner are thorough, professional and pleasant to work with. I highly recommend you give them a call, give them a try and judge for yourself. 5 Star is an understatement. All the best to all especially, Kanchan Gooransingh. Many thanks for your assistance & brilliant service.
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My experience with Osbourne Pinnerwas absolutely pleasant from step 1. I did an application for Tier 1 Entrepreneur for myself. Solicitor Sabina was always available and very helpful with every step of the whole process. I would absolutely recommend them to anyone that is trying to apply for Tier1.
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