UK Immigration Appeals & Visa Refusals
If your application has been refused, we can review the decision, the original application and the supporting evidence. We advise on the options available, the applicable deadlines and the work needed to respond.
Updated
Your Options After a Visa Refusal
The options available following a refusal depend on the visa type and the grounds cited. They include:
1. Administrative Review
Available for most refusals under the Points-Based System (Skilled Worker, Student, Global Business Mobility) where the applicant believes a caseworker made a reviewable error.
- Deadline: normally 14 days in the UK (7 days if detained) or 28 days overseas. Check the notice and applicable rules immediately.
- Fee: check the current administrative review guidance
- UKVI reviews alleged caseworker errors; new evidence is restricted to specified circumstances
- Does not provide an oral hearing
We analyse refusal notices to identify reviewable errors and draft cogent administrative review representations.
2. Immigration Appeal
A formal appeal to the First-tier Tribunal (Immigration and Asylum Chamber).
Appeal rights are available for:
- Family visa refusals (where the right of appeal applies)
- Asylum decisions
- Some human rights-based claims
Hearings are conducted before an Immigration Judge, and new evidence can be submitted.
We advise and fully represent our clients during the appeals process.
3. Judicial Review
A legal challenge to the lawfulness of the Home Office’s decision-making process (not a re-hearing of the merits of the application).
Available where:
- The decision was irrational or unreasonable (Wednesbury unreasonableness)
- There was a procedural error
- The decision was made in breach of the applicant’s legitimate expectations
- The Home Office failed to consider relevant evidence
Judicial review is expensive and complex. We advise honestly on its appropriateness.
4. Fresh Application
In many cases, the best remedy following refusal is a carefully prepared fresh application that directly addresses the reasons for the earlier decision.
We review refusal notices, identify the specific concerns, and prepare fresh applications that respond to them comprehensively.
Common Visa Refusal Reasons
| Visa Type | Common Refusal Reasons |
|---|---|
| Skilled Worker | Salary below threshold; CoS errors; sponsor licence issues |
| Spouse/Partner | Financial requirement not met; relationship not accepted as genuine |
| Visitor | Insufficient ties to home country; purpose of visit unclear |
| ILR | Absence breaches; tax discrepancy; good character concerns |
| Student | CAS issues; English language; funds insufficient |
| Sponsor Licence | Genuine business concerns; HR system inadequacy |
Time Limits — Act Quickly
| Remedy | Deadline |
|---|---|
| Administrative Review (in UK) | 14 days from decision |
| Administrative Review (overseas) | 28 days from decision |
| Immigration Appeal | 14 days (in UK, served in person); 28 days (overseas) |
| Judicial Review | 3 months from decision (strict — promptness required) |
Do not delay. Contact us as soon as you receive a refusal notice.
Official Guidance
- GOV.UK: ask for a visa administrative review
- GOV.UK: immigration asylum tribunal — appeal from within the uk
For protection refusals, asylum appeals and fresh claims, read about our Asylum & Human Rights service.
Common Questions
How long do I have to challenge a refusal?
It depends on the remedy: administrative review is normally 14 days in the UK (7 days if detained) or 28 days overseas; appeals are 14 days in the UK or 28 days overseas; judicial review must be brought promptly and within 3 months. Contact us as soon as you receive a refusal notice.
What is the difference between an administrative review and an appeal?
An administrative review asks UKVI to correct a caseworker error on the existing evidence — new evidence is restricted and there is no hearing. An appeal is heard by an independent Immigration Judge at the First-tier Tribunal, where new evidence can be submitted. Appeal rights are limited to certain decision types.
Can I submit new evidence?
Administrative review normally considers the original decision; new evidence is allowed only in specified circumstances. In a tribunal appeal, new evidence can usually be submitted. A fresh application also allows you to address the refusal reasons with new evidence.
Is a fresh application better than appealing?
Often, yes — particularly where the refusal was due to missing evidence rather than a legal error. We review your refusal notice and advise honestly on whether a fresh application, administrative review, appeal, or judicial review gives you the best prospects.
This page provides general information about Appeals & Refusals and does not constitute legal advice. For advice specific to your circumstances, please contact us for a consultation.
Received a Refusal? Contact Us Today.
We offer a short initial call, free of charge, to understand your enquiry and explain how we can help. Where detailed advice or a document review is required, we offer a paid consultation and confirm the fee beforehand.