UK visa refusal
Which route is open after a UK visa refusal is stated in the refusal letter: administrative review, an appeal to the First-tier Tribunal, or a fresh application. The letter names the one that applies to that decision.
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Every route sets conditions and every application can fall short of them; what follows a refusal is governed separately from the route that was refused. For the conditions themselves, see UK visas and immigration.
01
What does a UK visa refusal letter say?
The refusal letter states two things: the reason for the decision and the route open against it. GOV.UK states that both a right to administrative review and a right of appeal to the First-tier Tribunal are set out in that letter.
Reading the letter is therefore the first step rather than choosing a route in advance. The route available follows from the decision type, not from what the applicant would prefer, and the letter is where that is recorded.
02
What is administrative review?
Administrative review is a reconsideration of the decision within the Home Office, and the file does not reach a court. It examines whether a case working error was made rather than hearing new evidence about the applicant.
Because the review looks for an error in how the decision was made, material that was never submitted with the original application does not change it. That distinction is what separates administrative review from a fresh application.
03
What is the time limit and fee for administrative review?
The administrative review fee is £80 and the clock runs from the date of the decision. The published limit is 28 days for applications made outside the UK and 14 days for applications made inside it.
| Where the application was made | Deadline | Fee |
|---|---|---|
| Outside the UK | 28 days from the decision | £80 |
| Inside the UK | 14 days from the decision | £80 |
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04
Which decisions carry a right of appeal to the Tribunal?
The First-tier Tribunal, Immigration and Asylum Chamber, hears the decision types listed in the immigration rules: refusal of a protection claim, revocation of protection status, and refusal of a human rights claim, among others named there.
A right of appeal attaches to the decision type rather than to the applicant. Where a refusal carries no right of appeal, the routes open are administrative review or a fresh application, and the letter says which.
05
How is a fresh application after refusal treated?
A fresh application ends an administrative review in progress: GOV.UK states that making another immigration or visa application withdraws the review. A new application also has to address what the previous decision actually found.
06
Who is permitted to handle a refusal case?
Immigration advice is a regulated profession in the UK. GOV.UK states that all advisers are registered with the Immigration Advice Authority or regulated by an approved professional body, and acting outside that is an offence.
That is the reason this page describes the published routes and stops there. British Global sets out what the letter means procedurally and refers the file; the case itself is handled by a registered adviser or a solicitor authorised by the SRA.
Sources
- GOV.UK — Administrative review is a reconsideration inside the Home Office; the fee is £80 and the deadline is 28 days from the decision for applications made outside the UK and 14 days for applications made inside it.
- GOV.UK — The First-tier Tribunal, Immigration and Asylum Chamber, hears appeals against the decision types listed in the immigration rules, including refusal of a protection claim and refusal of a human rights claim.
- GOV.UK — All immigration advisers in the UK are registered with the Immigration Advice Authority or regulated by an approved professional body.