There are incidents where UK visas are refused due to unjustified reasons. It’s not uncommon for ECOs to make mistakes or overlook crucial documentation. If you believe that your UK visa was refused on unjustified grounds, you can challenge it. In this article, you will learn how to challenge UK visa refusal.
How to challenge UK visa refusal?
You can challenge UK visa refusal through a reapplication. Read your refusal letter carefully and understand the reasons for your visa refusal. If the reasons were unjustified, address them with the necessary information and supporting documentation. Draft a strong cover letter and point the ECO to the new information and documentation.
Let’s look at how to reapply and a few other ways to challenge your UK visa refusal.
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WAYS TO CHALLENGE UK VISA REFUSAL
You can challenge your UK visa refusal in these ways –
- Re-application (recommended)
- Judicial review (expensive)
- Appeal (only if eligible)
Re-application
The easiest and inexpensive way to challenge your UK visa refusal is by a re-application. If you believe that ECO has made a mistake in your application, challenge your refusal with a re-application by writing a strong and detailed cover letter.
It’s not uncommon for ECO’s to overlook crucial information and make quick decisions. Mention the information or documentation that was overlooked in your other information section and cover letter. Make this the first section in your cover letter to catch ECO’s attention. You want the ECO to cut through the chase and get straight to the point. This will save time, money and spare you from another refusal.
Judicial review
If you feel that there is no point in submitting another application with the same set of documents, you can very well go for a judicial review.
Keep in mind that judicial review is a legal challenge. You must have legal grounds to prove that ECO has made an unlawful decision in your case.
You would need to hire a legal firm specialized in immigration law to file a judicial review with UKVI on your behalf. The legal firm will cite the appropriate immigration laws to challenge your visa decision.
Keep in mind that these legal firms charge hefty fees for filing judicial reviews. Legal firms in the UK typically charge upwards of £600 for the Pre-Action Protocol (PAP), which is just the first step in the judicial review process. That’s just the first step. You can imagine how much you will end up spending overall.
Legal firms can also take advantage of your situation. They can recommend judicial review even though you do not have proper grounds for judicial review. You may end up losing the case and a lot of money during the process.
In my opinion, it’s easier and cheaper to just reapply than going for an expensive and complicated judicial review. A fresh UK tourist visa application costs you only £95.
Appeal
UKVI has suspended the right to appeal for visitor visas. Currently, the right to appeal is available only in certain cases based on humanitarian grounds.
ECO will indicate in your refusal letter whether you have the right to appeal to the tribunal. If you do, the ECO will also indicate the appropriate section and the act.
Keep in mind that an appeal is also an expensive and time-consuming process. It’s really not worth it for regular visitor visa refusal.
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How do you know if your UK visa is denied?
UKVI notifies you via email when a decision has been made on your visa application. The email notifies you that a decision has been made, but it does not disclose the visa result itself. The only way to know the visa result is to wait till you receive your passport.
When you receive your passport, you should see either a UK visit visa sticker in your passport or a refusal letter enclosed in the package.
If there is a visa sticker, then your visa is APPROVED. Verify your name, visa type and expiration dates to make sure everything is correct.
If there is a visa refusal letter enclosed, then your visa is DENIED. Read the letter thoroughly to understand the reasons for your UK visa refusal.
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Do you get a refund if your UK visa is refused?
You cannot get a refund if your UK visa is refused. UK visa fee is non-refundable.
UKVI requires resources to review visa applications, conduct background checks and other visa related tasks. The amount of resources required to process a visa application is the same irrespective of its outcome.
Even though the outcome is a refusal, UKVI has technically spent your visa fee on the visa process. So, you cannot get a refund of your UK visa fee.
NOTE
UK visa fee is refundable as long as you haven’t given your biometrics. Once you have given your biometrics, the UK visa fee is non-refundable.
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What are the chances of getting UK visa after refusal?
Your chances of getting a UK visit visa after refusal are higher if the ECO has made a mistake or overlooked crucial information. In your re-application, you would need to make the new ECO aware of your previous refusal, mistakes or overlooked information and point the ECO to the right information/documentation.
Your chances are also higher if you know exactly what caused your refusal and how to address those refusal reasons. Reasons can be inadequate information, missing documentation, an error from your side, etc. Fix these issues in your re-application and point the new ECO to the new information or documentation provided.
But if your visa was refused due to ineligibility, deception or re-entry ban, you have absolutely zero chances. It’s wise not to spend any more money on your UK visit visa re-application.
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Can you reapply for UK visa after refusal?
Absolutely! You can reapply for UK visa after refusal. But you must first determine if it’s even worth reapplying for your UK visit visa. It’s you who have to make the decision whether to reapply or not. Like I mentioned above, if your UK visa was refused due to ineligibility, there is no point in reapplication. The visa result would be the same.
Read the remarks from the ECO in your refusal letter. This will indicate whether your visa was refused due to ineligibility. Ineligibility could be insufficient funds, low income, lack of ties with your country, lack of travel history, etc. Reapplying for your UK visa without fixing these will lead to refusal again.
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How soon can you reapply for UK visa after refusal?
There is no set time limit on how soon you can reapply for UK visa. You can reapply the very next day of your refusal.
Jumping too quickly into re-application without understanding the reasons for your previous refusal will only lead to another refusal.
Take some time to understand the reasons for your UK visa refusal. Research on the internet, gain some knowledge and learn from other applicants. Determine and gather all the additional information or documents necessary for your re-application. And then start your re-application.
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How to apply for UK visa after refusal?
Applying for a UK visa after a refusal is the same as applying for a fresh UK visa. But it’s very important to address your refusal with relevant information and documentation in your re-application.
Draft a write-up on your refusal, the reason for refusal and additional information or documentation to address the refusal. Adjust the language, spell check and format it well.
You will see a question “Is there any other information you like to be considered…” which is usually at the end of the application with a large text area for the answer. You can use this large text area to mention your previous refusal and how you would like to address it. Add your explanation to this area.
Add the same information in your cover letter as the very first section. Format it well, use bullets and screenshots if necessary.
Let’s look at an example and a sample write-up.
Example: UK visit visa was refused due to a large deposit in your bank account
UK visa refusal due to large deposits in the bank statements is very common. Bank statements are very important in your UK tourist visa application. ECOs are not just looking at your balance, but they are looking at patterns that tell them whether you are a genuine visitor. Many fail to understand the importance of bank statements for UK visa. They come to realize how important they are only after receiving their refusal letter.
Below is a sample write-up that should be added to the “other information” text area in your online UK visa application.
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My previous application for the UK visitor visa with GWF number {GWF number} was refused on {date}. I would like to address the reason for my previous visa refusal with an explanation and relevant additional documentation. Please consider my explanation and additional documentation to evaluate my case.
Reason for refusal: The sources of these deposits were not demonstrated by the documents provided
Explanation: The deposit in question was made on 10-Dec-2020 for an amount of £850. This amount was my yearly bonus from my employer. We typically receive our yearly bonus in the first week of December. Please find the attached documentation to address the concern for the refusal.
Additional Documentation: (1) Bonus slip, (2) bonus announcement email and (3) letter from my employer with details of bonus, amount and dates.
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Below is a sample write-up that should be added as the first section in the cover letter.
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<date>
The Entry Clearance Officer
The Consulate General of the United Kingdom
<City Name>
Sub: Multiple-entry visitor visa application
Dear Sir/Madam,
My name is <your full name> and I am writing this letter in application to my multiple-entry visitor visa to the United Kingdom.
Previous UK Visa Refusal
My previous application for the UK visitor visa with GWF number {GWF number} was refused on {date}.
I would like to address the reason for the refusal with my explanation and relevant additional documentation.
Reason for refusal: The sources of these deposits were not demonstrated by the documents provided
Explanation: The deposit in question was made on 05-Dec-2020 for an amount of £850. This amount was the yearly bonus from my employer. We typically receive our yearly bonus in the first week of December every year. Please find the attached documentation to prove that these funds are available to me.
Additional Documentation: (1) Bonus slip, (2) bonus announcement email and (3) letter from my employer with details of bonus, amount and dates.
… <rest of the cover letter goes here> …
I hereby request you to grant me a multiple-entry visitor visa to the United Kingdom.
Thank you,
Sincerely,
<your full name>
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SUMMARY
It’s not uncommon for ECOs to make mistakes or overlook crucial documentation. If you believe that your UK visa refusal is not justified, you can challenge it with a re-application, judicial review or an appeal.
The easiest and inexpensive way to challenge UK visa refusal is by a re-application. Address your concerns with the necessary information and supporting documentation. Draft a strong cover letter and point the ECO to the new information and documentation provided.
So, there you have it. How to challenge UK visa refusal. If you have any questions, leave a comment below. I will answer them as soon as I can.