Visa Refusal: Appeal Process

Visa Refusals

Refusals frequently occur when applicants have not had professional help with their application. There are generally two areas where people have problems with this:
     
Refusals of Entry Clearance following an application lodged at a British Embassy or High Commission.  In this situation an application will have been lodged and found to be none compliant with the requirements and the applicant may be given the opportunity to appeal against the refusal

In the event of a refused Entry Clearance to the UK when the applicant is in a foreign country it is extremely important contact is made with an Immigration Advisory Organisation. This should be done immediately the refusal occurs.  Most refusals of Entry Clearance have an appeal facility in order the reasons for refusal may be considered by an independent authority.

Most refusals can be appealed. The appeal must be submitted within the strict time limit, as is required in accordance with the legal requirements. This is usually within 28 days of the date of refusal. Lodging an appeal is NOT a formality and those intending to lodge an appeal should be aware that appeals are progressed in the UK.  It is important a UK representative is appointed who can lodge the appeal with the Embassy, High Commission, or appellate authority within the time frame and progress the case through the immigration appeal court in the UK.  Lodging an appeal correctly may avert lengthy delays.  All appeals take place in the UK and  It is not just a simple matter of filling out a form.  The correct legal terminology should be used, as the correct Grounds of Appeal will permit the appeal to progress efficiently and with some meaning to the authorities dealing with it!

Immigration appeals are held at an Immigration Appeal Court in the UK and administered by the Asylum and Immigration Appeals Tribunal.  The Appellant does not have to be present for the appeal in the UK, and in most cases can not be anyway.   
It may not be in the appellants best interests to use a Voluntary Organisation! Neither will it be in the Appellants best interests for the Sponsor to progress the appeal themselves since this is complex and legally demanding.  Immigration Advisors and Consultants such as ourselves can deal with appeals. 

Applications refused after being lodged in the UK may also be appealed. However in this case the time limit within which an appeal must be lodged is 10 days.