| How to appeal a visa refusal decision |
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The Visa appeals procedure explained step by step.
What is a Visa? A visa is a document which is issued by a British High Commission or British Embassy abroad, which allows you to travel abroad to the UK for a fixed period of time. For example, a visitors visa allows you to enter the UK for a maximum period of 6 months. A student visa will allow you to enter the UK either up until the end of your course or for a fixed period of time and then you will need to renew this once in the UK. There are many different types of visas, these include: visitor, student, marriage, fiancée, dependent, work permit holder visa. When you apply to the British High Commission or British Embassy for a visa to enter the UK, an Entry Clearance Officer will be responsible for deciding whether you should be granted a visa. It is now common practice for Embassies to obtain an individual’s biometrics which are the fingerprints, personal details and photographs in order to reduce Immigration fraud. An Entry Clearance Officer will look at your visa applications, the documents you have provided to support your application including any representations made by a Solicitor if you have used one. Using these documents the Entry Clearance Officer will decide whether your circumstances are compatible with the Immigration Rules. You may also be asked to attend and interview with an Entry Clearance Officer, in case he wishes to ask you further questions before making a decision on whether to grant you a visa. Statistics Research shows that in 2007, out of 785 visa cases, 91% of decisions issued by Entry Clearance Officer’s were reasonable. However, it is a well known fact that depending on the country, some British Embassies are more favourable than others. For example the British High Commission in Islamabad (Pakistan) handles applications from residents of Afghanistan and Pakistan. In 2006-07, the refusal rate was 47.1%, rising to 60.2% in 2007. In Accra (Ghana) during 2007-08, the overall refusal rate was 52%. For 2005-06, the overall refusal rate in Lagos (Nigeria) was 51%. From April to December 2006 the rate rose to 56%. Compare this with New York where the overall refusal rate was 6.7% and In Ottawa, in 2006-07, the overall refusal rate was 5.4%. The most common reason for an Entry Clearance Officer to refuse a visa application is due to them not being satisfied that the individual has adequate funds to maintain themselves in the UK and also, because he is not convinced that the individual will return to his home country if he is granted a visa to enter the UK. Useful Tips The successful way to obtain a visa is to include a large amount of documentation which shows that you have sufficient monetary funds to cover the cost of your trip to the UK. You may also wish to include details of a Sponsor (assuming they are in a good financial position). Another good idea is to include details of where you intend to stay in the UK. If you are staying with friends or family, a letter of invitation from them would be useful. If you are going to stay in a hotel, provide details of the hotel and the cost of your stay in the hotel so that the Entry Clearance Officer knows you have done your research in advance. To show that you intend to return back to your home country if you are granted a visa in the UK, you should include details of your ties in your home country. This may include details of your family, employment, wealth and property ownership there. You may also wish to obtain the advice of a local UK Immigration Specialist who can assess whether your application and the documents are satisfactory before you submit it to the British High Commission or Embassy. Providing a thorough and well documented entry clearance application and precise answers during your interview (if you are interviewed) will show the Entry Clearance Officer that you have done your research thoroughly and that you should be granted a visa. What to do if you are refused a visa If despite your best efforts, you are still refused a visa by the Entry Clearance Officer then you will be given 28 days to appeal the refusal decision. You will be provided with a refusal notice which will explain why the Entry Clearance Officer refused you a visa as well as details on how to appeal. You should also be given an appeal form which you can complete and return back either to the British Embassy or send to the Court in the UK, which is called the Asylum and Immigration Tribunal. The Asylum and Immigration Tribunal will then instruct the Entry Clearance Officer (who will then be referred to as the “Respondent”) to provide full details of why they refused the visa. The individual (who will then be referred to as the “Appellant”) will then have an opportunity to read all the documents pertaining to why the Entry Clearance Officer refused the visa and this will help him prepare his case on why he should be granted a visa. The individual should then obtain legal advice on how to prepare the appeal as this can be quite a complicated procedure. It may be best to instruct a firm of Immigration solicitors at this stage as much of the work will need to be done in the UK. At the court hearing, the Immigration Judge will listen to both the Respondent and Appellant’s cases. The Appellant can provide additional information at the hearing that may be useful to his case as well as calling any witnesses that can help. For example, in a marriage visa appeal, the Appellant’s sponsor (husband or wife of the Appellant) will most likely attend the hearing to provide evidence. At the end of the hearing, the Immigration Judge will decide whether the original refusal decision should stand or whether he should overturn it and allow the visa to be granted. The Immigration Judge usually issues a decision within a few weeks. If the appeal is allowed, the British Embassy will be informed and will then invite the Appellant to attend so that their passport can be endorsed with a visa. If however the appeal is unsuccessful, the Appellant may appeal to a further and higher court, for further reconsideration. In the year 2006/2007, per month, the Asylum and Immigration Tribunal received on average, 4058 appeal applications. Please note that the above article does not relate to nationals of the European Union. The above article is meant to be relied upon as an informative article and in no way constitutes legal advice. For legal advice regarding your case, please contact Greenfields Solicitors at 020 8884 1166 for a Consultation with a Solicitor.
3.26 Copyright (C) 2008 Compojoom.com / Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved." |
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