UK visa appeal process

UK visa appeal process

December 24th, 2024

If your UK visa application is refused, don’t worry – you might be able to challenge the decision. In this guide, we’ll walk you through the 5 key steps in the UK visa appeal process. From checking if you can appeal, to submitting your appeal, requesting a hearing, paying any fees, and waiting for the decision, everything you need to know about the UK visa appeal process is here.

Is it possible to get an UK visa after refusal?

Yes, it is possible to get a UK visa after a refusal, but it depends on the specific circumstances of your case. If your visa application is refused, you generally have two options:

  • Appeal the decision: If you have the right to appeal, you can follow the appeal process to challenge the refusal. If your appeal is successful, you may be granted the visa.
  • Reapply: If you don't have the right to appeal, or if the appeal is unsuccessful, you can reapply for the desired UK visa type. However, you'll need to address the reasons for the refusal in your new application. This might involve providing additional documents, correcting errors, or clarifying aspects of your previous application.

UK visa appeal process in 5 steps

Here’s a step-by-step AnyVisa guide to the general appeal process:

1. Check if you can appeal

You can only appeal if the decision letter tells you that you have the right to do so. If you don’t have the right to appeal, you might be able to request an administrative review instead. If you’re unsure about whether you can appeal, it’s a good idea to consult with a solicitor or immigration advisor.

Need help?

The appeal process can be complicated, so getting professional advice is always a good idea.

2. Submit your appeal

If you have the right to appeal, you need to submit your appeal within 28 days from receiving the decision letter. If you are outside the UK, you still have 28 days to appeal once you leave the country. If you miss the deadline, you must explain why, and the tribunal will decide whether they will accept your appeal.

For most cases, you can appeal online using the MyHMCTS service, which is faster than submitting by post or fax. You’ll need your Home Office reference number and any documents that support your case.

If you cannot use the online service, you can apply by post, fax, or email using the relevant forms for your situation. For example, if you're appealing a decision related to immigration or asylum, you’ll use form IAFT-5 or IAFT-6.

3. Requesting a hearing

You can request an oral hearing where your case will be heard in front of a judge, or you can ask for a decision based on the appeal form and supporting documents only. If the tribunal doesn’t schedule a hearing, they will make a decision based on your paperwork.

The hearing is usually public, but if you feel unsafe attending, you can ask for a private hearing or attend via video link. You can also request a specific gender for the judge if it’s appropriate for your case.

4. Pay the appeal fee

There is a fee for filing an appeal. According to the official site, The standard fee is £80 if you don’t have a hearing and £140 if there’s a hearing. You may be able to get legal aid or be exempt from the fee, depending on your situation.

You can pay the fee online when submitting your appeal or include your payment details if applying by post or fax. If you’re unsure about the fee, contact the tribunal for clarification.

5. Wait for a decision

Once your appeal is submitted, the tribunal will review your case. This process can take several months. If you win your appeal, your visa will be granted, and you can continue your plans. If your appeal is rejected, you will receive a letter explaining why, and you may have the option to apply again or request further review.

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How long does it take to appeal a UK visa refusal?

The time it takes to appeal a UK visa refusal can vary based on several factors. Once you receive the refusal letter, you have 28 days to submit your appeal. After that, the tribunal will process your appeal, which can take a few months, depending on how busy they are and how complicated your case is.

If you ask for an oral hearing, it may take longer to schedule. Once the hearing is held or your documents are reviewed, the tribunal will make a decision, which can take several more weeks.

In total, the appeal process can take anywhere from a few months to up to a year, so it’s important to be patient and stay updated on your case.

Is visa refusal normal?

Yes, visa refusals are quite common and can happen for many different reasons. People often face refusals, but it doesn't mean you can't get a visa in the future. Common reasons for refusal include missing documents, providing incorrect information, not meeting the visa requirements, or not giving enough proof to support your application.

While it’s disappointing, a UK visa refusal doesn’t end your chances. You can appeal the decision, reapply, or fix the issues that led to the refusal in your next application. It’s important to understand why your visa was refused and seek help if needed to improve your chances next time.