Travelling to the UK on work, business or a holiday requires all non-British individuals to apply for a UK visa. On applying for a visa for your trip, you might find that the British Immigration Office has rejected your request for a visa.
What is Visa Refusal?
A visa refusal is the rejection of an application for a non-immigrant visa by the UK Immigration authorities, which could be due to a variety of factors.
The most common factors that would result in the refusal of a UK visa are as mentioned below:
- Deception- submitting fraudulent or false documentation.
- Deportation order- if the applicant is the recipient of a deportation order.
- If the applicant has been convicted of a crime that warrants an imprisonment term of 4 years or more.
- Deliberately withholding documentation of a criminal record, if any.
- Insufficient funds for a trip to the UK.
- The applicant has overstayed or submitted false documents on a previous trip to the UK.
- The applicant does not comply with visa regulations such as submitting to a biometric scan, photograph or provide a medical report.
- The applicant does not have a valid passport or travel document.
- The applicant has not divulged material facts pertaining to the visa application process.
- The applicant’s purpose of visit is covered under the visa applied for.
The UK Immigration Office can choose to reject an applicant’s visa if it finds there is no reason for the applicant to visit the UK based on the information submitted in the visa application form.
UK Visa Refusal Appeal Process
If an applicant’s visa has been rejected, he/she will be notified of the same in writing, with the reason for the refusal also mentioned.
A visa can be refused under the points-based system, which is the UK’s immigration management system. Applicants whose visas have been refused under this system can appeal for an administrative review only.
The visa rejection letter will specify if the applicant is permitted to appeal the decision. If the letter does not mention an appeal can be filed, the applicant will have to file a fresh visa application.
The visa appeal process takes around 12 weeks, beginning from the submission of the appeal application to the hearing and decision by the judge.
Once the visa application has been rejected, the applicant can appeal the decision by following the below steps:
- Fill in Form IAFT-2, which is the form for appeal against a Home Office decision regarding refusal of visa.
- Submit the form, duly filled in and signed, along with supporting documents to the First-Tier Tribunal (Immigration and Asylum Chamber).
- The Chamber will send a receipt on receiving the documents, after which the documents will be forwarded to the relevant authorities, where the case will be reviewed.
- The original decision will either be overturned or upheld, and the decision will be communicated to the applicant in writing.
- A hearing will be arranged and the applicant will be sent details of the hearing, where an immigration judge will review all documents pertaining to the case and make a decision within 10 days from the date of the hearing.
- If the hearing is in the applicant’s favour, the visa office will get in touch with the applicant and complete the visa application process.
- If the visa rejection is upheld, the applicant can attempt to file a fresh application.
Re-Applying for UK Visa After Rejection
Once an applicant’s visa application has been rejected, the applicant can choose to re-apply for a visa.
A fresh application can be filed as soon as the first visa application was rejected, or on completion of the appeal process.
When re-applying for a UK visa, care should be taken to ensure the form is filled in correctly and all relevant information has been provided, to avoid the visa application being rejected again.