UK Visa Appeal Withdrawal

If an applicant has applied for UK Visa Appeal, they can withdraw their appeal any time before the start of determination process by the First Tier Tribunal.

Only the appellant or their representatives have the right to withdraw the UK Visa Appeal from the First Tier Tribunal. The appellant must send a written withdrawal notice. They can orally convey the same if an exception is provided by the tribunal.

The Home office can not withdraw the appeal notice. However it can request the appellant to withdraw the same. The UK Visa applicant needs to be careful if they receive such a notice. There are chances that the applicant can be charged for coercion if they accept the invitation.

An appeal once withdrawn cannot be filed again. Therefore, the appellant needs to be practice caution is such situations. The appeal will be formally counted as withdrawn if the tribunal accepts the withdrawal request.

As mentioned earlier appeal for UK Visa refusal, once withdrawn cannot be reinstated. Although the appellant can argue that the appeal is still ongoing as it was incorrectly withdrawn. In such cases, the appellant needs to contact the tribunal directly.

There may be cases where the appellant dies before the determination of the appeal. At such time the appeal is considered to be withdrawn. However, the appeal will continue, if the notice includes dependents of the applicant.

UK Visa Judicial Review: Visitor Visa

A Judicial Review on UK Visa Application is a last resort measure taken by the applicant. A judicial review refusal is only possible when the applicant has already exhausted their right to appeal or their right to Administrative review.

The Judicial Review needs to be filed within 3 months of the refusal decision. The applicant needs to take permission from the Upper Tribunal before proceeding with the review. The review request will be considered only if the case has merits.

In the case of UK Visit Visa refusal, the applicant does not have the Right to Appeal the UK visa refusal. In such cases, the applicant can challenge the Home Office's decision of refusal by requesting a judicial review. The case put together by the client needs to have merit to be taken into consideration by the Upper Tribunal. The applicant needs to make sure that they file a request within the 3 months of receiving the Home Office's decision of refusal. Their case will not be considered if they miss the 3-month time limit.

There are cases when the applicant is refused visit visa to the UK based on misinformation with the intention of deceiving. Deceiving the Home Office may lead to the 10 year UK Visa ban. This means that the applicant cannot go to the UK for 10 years. It can also affect their visa application for other countries if they plan to go elsewhere. Sometimes the deception can be unintentional on the part of the applicant. At such times, if they can gather enough proof to prove that they had no intention of deceiving the Home Office, the applicant can request for a judicial review.

However, the applicant must actually be innocent. If the applicant had provided wrong or misleading information with the intention of deception, they will not be allowed to contest the ban through UK Judicial Review.

UK Spouse Visa Refusal: Right to Appeal

There have been many cases where the Home Office has refused a spouse visa application to go to the UK. If you are facing the same situation, there are chances that you can exercise your right to appeal to contest the refusal.

An appeal can be filed in case of spouse visa refusal if the refusal letter mentions the same. You can file for an appeal if you want to challenge the grounds on which the UK Visa was refused and have evidence to back your claims.

The Appeal for UK Spouse Visa Refusal can be filed from the UK or from outside the UK. It is filed with the First Tier Tribunal within 28 days if you are outside the UK and 14 days if you are inside the UK.
In case of appeal, the applicant can provide additional evidence and information to back their claim. They can include information with their appeal notice they may not be clarified in the UK Visa refusal notice.

The applicant needs to send the evidence along with the appeal form and refusal notice to the First Tier Tribunal within the stipulated time period. Once the appeal notice is filed, the Entry Clearance Officer will once again review their decision. The applicant will receive the decision on the appeal in writing from the Immigration Judge.

UK Visa Reconsideration Request

A reconsideration request can be made by an immigrant if they had applied for a UK visa and the decision is not what they expected. The Right to Reconsideration is only available to the applicants who do not have the right to appeal or an administrative review.

The applicants can make a reconsideration request only if they are in the UK. They can make the request if they have applied for any of the following:

1. Transfer of Conditions (TOC): Applied to transfer their UK Visa to Bio-metric Residence Permit
2. No Time Limit (NOL): Transfer Indefinite Leave to a Bio-metric Residence Permit
3. Extend your leave to remain, switch visas or settle in the UK

The applicant can request for reconsideration when their above application was granted, but they feel that the conditions, like expiry date, mentioned by the Home Office are either wrong or unsatisfactory.

They can also request for reconsideration if their application was refused earlier and they are able to submit new evidence on any one of the following:

1. Date of Application
2. Prove authenticity of the documents initially submitted
3. Evidence that the information received by the UKVI was not available to the decision making team, prior to making the decision.

Apart from those mentioned above, the UKVI will not take any other new evidence into consideration.

The request for reconsideration must be sent to the decision making team via mail. The letter should state why the applicant feels that the decision needs to be reconsidered. The applicant needs to check the reconsideration guidelines before making any request. The reconsideration request must be sent by the applicant within 14 days of receiving the decision.

The applicant cannot request reconsideration if their refusal letter grants them the Right to Appeal or allows for an Administrative Review.

UK Visa Refusal: Administrative Review outside the UK

If an applicant has applied for a visa on point-based visas and it gets rejected, they can request for a UK Visa Administrative Review only if:

1. They believe their visa application was wrongly refused
2. Their refusal notice allows administrative review

If you are outside the UK, you can ask for the application review only if you fulfil all of the following criteria:

1. You are outside the UK
2. You had applied for a visa from outside the UK
3. Our visa was rejected on or after 6^th April 2015
4. You don’t have the Right to Appeal

The review must be applied within 28 days of receiving the refusal notice. The administrative form will be either sent with the notice or you will be given the URL to download the form. The completed form must be emailed to the Home Office along with the list of refusals and why do you feel that they are incorrect.

The Home Office will process the application to check for errors you have pointed out. Please note that you do not need to share additional documents or proofs for the UK visa administrative review. The results of the review will be shared within 28 days of application.

Unless the results show additional reasons for refusal, you cannot ask for a second administrative review.

Your administrative review will be withdrawn if you apply for a visa while the review is in process. Similarly, if you reapply for a visa and then request for administrative review, the request will be rejected. You can also request the Home Office to withdraw your review application through email.

UK Visa Refusal: Administrative Review within the UK

If you have applied for a UK Visa under the point-based system and your visa gets refused, you can apply for a UK Visa Administrative Review, provided;

• You believe that your visa was wrongly refused, and 
• The refusal letter allows for administrative review.

The administrative review can be applied by applicants from inside the UK or from outside the UK. In this article, we will provide an overview of applying for an Administrative Review from within the UK.

If you are inside the UK, you can ask for your visa application to be reviewed by the Home Office, if you feel that you had submitted all the documents and evidence and were wrongly refused. There are cases wherein you can ask for a review after visa grant if you are not satisfied with the condition of your leave.

The applicant is required to ask for an administrative review within 14 days of receiving the refusal notice. The application details for the review will be mentioned in the administrative letter. If you are detained in the UK, you will have to apply for the review within 7 days.

Once sent, the application will be reviewed by a different official from the Home Office. They will check whether the application was correctly submitted the first time and whether the UK Visa refusal was due to oversight by the officer.

The administrative review does not require you to send new evidence to support your application. Unless specifically mentioned, do not send additional documents or proofs.

Your request for an administrative review will get cancelled if:

•  You re-apply for UK Visa while the review is pending
•  Ask for the passport to be returned for travel
• Leave the UK
• Request the Home Office for withdrawal

If unsuccessful, you can ask for another review only if the result includes new reasons for UK visa refusal. However, if the results are the same, you cannot ask for a second review. The applicant can file for judicial review with an Upper tribunal if they feel that the administrative review result is unsatisfactory.