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What if I am refused a visa?
Almost 90% of our applicants worldwide receive the visa that they have applied for. If you are refused a visa, the entry clearance officer will give you a written notice explaining why. To ensure that the BHC has made a fair decision, an entry clearance manager reviews refusals without a right of appeal within 24 hours. In some cases, you will have the right of appeal against the decision.
If you have been refused a visa, you may apply again at any time, but if the circumstances leading to your refusal have not changed, you may be refused again.
Can I appeal against my refusal?
You can appeal against refusal of some types of entry clearance applications, for example:
- Family visit appeals to visit close family members in the UK.
- Spouse, fiance' or unmarried partner appeals to settle in the UK
- Student appeals to study for more than 6 months in the UK.
- Work Permit holder appeals to work full-time in the UK
There are also other types of entry clearance applications which, if you are seeking to spend 6 months or more in the UK, you may have the right of appeal if you are refused. If you are entitled to appeal, this will be explained in your written notice of refusal.
How do I make my appeal?
If you have the right of appeal the Entry Clearance Officer will give you three forms:
your written notice of refusal (setting out why your application for a visa has been refused);
your notice of appeal (the form AIT2 which you must complete and return to the Entry Clearance Officer explaining why you think he or she was wrong to refuse your application); and
a leaflet explaining the appeals process.
Is there a time limit?
Yes. You must complete and return the notice of appeal to the entry clearance officer within 28 calendar days of receipt of the notice. If the notice is posted to you, this time limit starts from the date you receive the notice.
What happens when I make my appeal?
When the Entry Clearance Officer receives your appeal he or she will review the application again, taking account of any further comments you have made in the Grounds of Appeal and of any fresh evidence. The original decision may be reversed at this stage, and an entry clearance issued.
If the Entry Clearance Officer does not alter the decision, and you choose to exercise your right of appeal, he or she will write an Explanatory Statement, which will explain in greater detail his or her reasons for refusing the visa. This will be sent with all your papers to the Home Office for onward transmission to the Asylum and Immigration Tribunal and to us and you can lodge your appeal directly at Asylum and Immigration Tribunal in the uk.
What does the Asylum and Immigration Tribunal do?
The Asylum and Immigration Tribunal (AIT) was set up by Parliament to resolve immigration appeal cases. The AIT will arrange for us in the UK to receive copies of all the relevant papers, including the Entry Clearance Officers Explanatory Statement. The AIT will then arrange for your case to be heard.
Who will decide the outcome of my appeal?
An independent adjudicator will hear your appeal in the UK. When considering an appeal, the Adjudicator will take full account of all the evidence presented by you and/or by your representative, as well as by the Home Office. He or she will then make a judgement based upon the Immigration Rules and on the individual merits of your appeal.
How long will my appeal take?
Family Visit appeals- You can choose to have your appeal decided on papers only. Or at an oral hearing where your sponsor or representative may attend the appeal hearing. The AIT aim is to process paper hearings as quickly as possible and should not take more than a few weeks, after the papers have been received by the Asylum and Immigration Tribunal. An oral hearing will be dealt with in the same way as other appeals. Unfortunately, it is not possible to give guarantees on how long an appeal will take and this information is given for guidance only.
Other appeals - It is not possible to give times for other appeals. It is likely that the appeal will not be listed for a hearing for some considerable time, possibly up to one year.
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