What can I do if my 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 new 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’ Applications: 5 – 6 weeks
‘Out of Country’ 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 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.sharkey@medivisas.com. Victoria is an OISC Level 3 Consultant which means that she has a right of audience at the AIT and can physically represent you at a Hearing.

If you have had an application refused then you should, in the first instance, fax or email a copy of the refusal letter to us and we will assess you as to whether it is worth going to Appeal. In some instances however it may be better and quicker to submit a fresh application.