How to Successfully Challenge a Home Office Decision

Under the UK government’s laws, refusal of your visa application will be accompanied by a note that tells you whether or not you can press for a review of the decision. Generally, if your application was refused or you were granted a visa but you’re unhappy with its conditions, you can ask for a review.

Costing £80, it’s important to understand that this is an visa administrative review. Essentially, the people responsible for checking your application are looking for any errors which might have lead to a negative decision. Therefore, this isn’t a time for you to submit new evidence to support your application unless exemption applies, but a time for you to ensure what you’ve already supplied states your case in the best way.

Take Your Time, Maintain Focus

Your aim here is to highlight those areas which either appear incorrect or need further explanation. Fortunately, you have 14 days to apply which means you have plenty of time to review the documents.

If you need help from a native speaker in order to better explain any information in the document then use this time to do that. It’s also important to know that you won’t get a chance to apply for a second review, so go through your application at least twice.

Read through every point of the refusal notice, note any potential case working errors.

Appeal In Time and with Confidence

If you aren’t eligible for a review, then appealing the decision is always possible. Back in 2010 more than 17,000 appeals were granted, so there is a clear president for those who have a strong reason to appeal a Home Office decision.

One of the most important points you need to consider when you make an appeal is to lodge it as soon you receive your decision as you only have 14 days to do so. Once you’ve lodged your appeal you need to be clear on your intention. Note the exact reason for refusal and then base your case solely on this verdict.

Additionally, you can make your appeal via an oral hearing or via postal correspondence. Our tip is to always ask for a hearing as these give you a better chance to state your case. Once at the hearing, make sure you have all the evidence you want to present, speak clearly (use an interpreter if necessary) and, importantly, have at least one witness you can all on for support (if possible/applicable).

If your visa application is unsuccessful it’s not the end. Regardless of whether you ask for a review or make an appeal, you should ensure that you’re clear on the reason for your refusal, have all the evidence necessary to support your claim and seek advice from experts if there is any part of the process you don’t understand.

YDVISAS specialise in all visa categories and are specialist immigration lawyers in the UK. Please contact the expert team at YDVISAS, should you need any professional help with your visa application.

Disclaimer: The material contained in this article is for general information only, and is not intended as a substitute for professional advice. Readers should seek an appropriate professional for advice regarding their particular circumstances.
Yash Dubal
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With over seven years of experience in setting up this company and advising over a thousand clients, Yash holds a great passion for the job he does and the results he wants to achieve for his clients. A man with 'In it to Win it' approach, he holds a strong acumen in terms of client requirements and getting things done with the maximum commitment providing 100% satisfaction.