What to do if a visa application has been
refused?
If you have had an application for Leave to Enter the
UK or Further Leave to Remain in the UK, then you may
be granted a Right of Appeal.
Certain types of applications, such as applications
for settlement as a family member of a UK or EEA national
will normally carry a Right of Appeal. However, in certain
circumstances it may be possible to argue a Right of
Appeal even if the applicant has not formerly been granted
this in writing in the initial refusal document.
The following applications normally carry a Right of
Appeal:
Spouse
Fiancé(e)
Unmarried Partner
Elderly dependent Relative
Human Rights Applications
Many applications do not automatically carry a Right
of Appeal, notably applications made from outside the
UK under the Tier Points Based System, such as Tier
1 and Tier 2 employment-related applications.
However, if you are applying from within the UK and your
Leave to Remain has run out then you may be granted Right
of Appeal for all application types.
The Appeal process can be lengthy and complicated. You
will need to wait for your Hearing date and timescales
can vary, but as a general Rule:
‘In Country’ Visa Applications: 5 – 6
weeks
‘Out of Country’ Visa Applications: 5 – 6 months
All appeals are heard in the UK at the Asylum and Immigration
Tribunal (AIT) and can be heard at a number of locations,
mostly in the London area, but technically, could be
at any location in the UK.
MediVisas is hugely experienced in Visa Appeal work and we
have enjoyed great success in overturning unlawful or
disproportionately unfair immigration decisions.
Our Appeal work is dealt with by Victoria Sharkey.
Victoria is an OISC Level 3 Consultant which means
she has a right of audience at the AIT and can physically
represent you at a Hearing.
If you've had a visa application refused then you should,
in the first instance, fax or email a copy of the refusal
letter to us and we will assess the situation and tell you whether it's
worth going to Appeal. NB: In some instances it
may be better and quicker to submit a fresh application - if this is the case we will tell you.'
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