UK Visa Appeals

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 will normally carry a Right of Appeal:

  • Spouse
  • Fiancé (e)
  • Unmarried Partner
  • Dependent Relative
  • Human Rights Applications
  • EEA 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’ Visa Applications: 5 – 6 weeks
‘Out of Country’ Visa Applications: 5 – 6 months

All appeals are heard in the UK at the Immigration Tribunal and can be heard at a number of locations, mostly in the London area, but technically, could be at any location within the UK such as Newcastle, Glasgow, Newport and Birmingham to name a few.

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 is an OISC Level 3 Consultant which means that she has a right of audience at a Tribunal and can physically represent you at the Hearing both at the First and Second Tier Tribunals.

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.

Consultation Levels, choose from Phone Consultation, Document Check or Full Representation