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Appealing a Visa Refusal in the UK – What to Do Next

A UK visa refusal can feel devastating β€” especially after investing time, money, and hope into the process. But a refusal isn’t necessarily the end. Many applicants have the right to appeal or request a review, and with the right legal guidance, you may be able to overturn the decision.

At AHJ Immigration, our immigration solicitors in Birmingham have successfully represented clients across the UK in appeals, administrative reviews, and reapplications. This guide explains what to do after a visa refusal, how the appeal process works, and when to seek professional help.

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Step 1 – Understand Your Refusal Letter

Your first step is to read your Home Office refusal letter carefully. It will tell you:

  • Why your visa was refused
  • Whether you have a right of appeal or administrative review
  • The deadline to submit that appeal or review

Common reasons for refusal include:

  • Missing or incorrect documents
  • Failing to meet financial or English language requirements
  • Questions about your credibility or relationship evidence
  • Applying under the wrong visa category

Understanding the reason is vital before you take any action.

Step 2 – Know the Types of Challenges

1. Administrative Review

You can request an administrative review if your application was refused on the basis of a caseworker error (for example, they misread evidence or failed to apply the correct rule).

  • Deadline: 14 days if you’re in the UK, or 28 days if outside the UK.
  • Fee: Β£80 per applicant.
  • Outcome: The Home Office reconsiders its own decision. No new evidence can be submitted.

2. Appeal to the First-tier Tribunal (Immigration and Asylum Chamber)

You can appeal to the Tribunal if your case involves human rights grounds, such as:

  • Spouse, partner, or family life visas under Appendix FM
  • Protection or asylum claims
  • Refusals that breach Article 8 of the European Convention on Human Rights (right to family/private life)
  • Revocation of refugee or humanitarian status
  • Deadline: 14 days (in-country) or 28 days (out-of-country).
  • Fee: Β£140 (oral hearing) or Β£80 (paper decision).
  • You can submit new evidence and be represented by a solicitor or barrister.

Step 3 – Decide Which Option Is Right for You

The correct approach depends on the type of refusal:

Type of VisaLikely Challenge Option
Work or Study VisaAdministrative Review
Spouse or Partner VisaFull Appeal (Human Rights Grounds)
Visitor VisaNormally No Right of Appeal (Reapply Instead)
ILR or SettlementAdministrative Review or Judicial Review
Asylum / HumanitarianFull Appeal

A qualified immigration adviser can assess your situation and recommend the strongest and fastest route to challenge the decision.

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Step 4 – Prepare Your Evidence Carefully

For both appeals and reapplications, evidence quality matters.
Provide clear, translated, and well-organised documentation to prove:

  • Your financial stability
  • The genuineness of your relationship or study/work purpose
  • Any exceptional or compassionate circumstances

Avoid sending irrelevant or excessive documents β€” focus on material evidence that addresses the refusal reasons directly.

Step 5 – Appeal Timeline and What to Expect

1. Lodging the Appeal
Submit the online appeal form within the deadline and pay the correct fee. You’ll receive confirmation and a case reference number.

2. Home Office Response
UKVI provides its respondent bundle explaining the reasons for refusal and supporting documents.

3. Tribunal Listing
The Tribunal will set a hearing date (usually within 6–9 months). You may choose a paper or oral hearing.

4. Hearing Day
Your representative or barrister presents your case. Evidence is reviewed, and you may give testimony.

5. Decision
The judge may announce the outcome immediately or send a written decision within a few weeks.

If successful, your visa will be granted shortly after the judgment.

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Step 6 – Reapplying Instead of Appealing

In some cases, it’s faster and cheaper to reapply with corrected evidence rather than appealing β€” especially if the refusal was due to missing documents or outdated information.

Our solicitors assess each case carefully to decide whether a fresh application or appeal gives you the best chance of success.

Step 7 – What If You Miss the Deadline?

If you miss your appeal or review deadline, you can still apply for an extension of time, but you must show good reason (for example, illness or postal delays).
The Tribunal decides whether to accept late appeals on a case-by-case basis.

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How AHJ Immigration Can Help

At AHJ Immigration, we provide complete post-refusal support:

  • Refusal letter review – identifying the exact reason for refusal
  • Appeal strategy – determining the right option (appeal, review, or reapply)
  • Evidence and representation – preparing documentation and attending hearings
  • Legal submissions – drafting persuasive arguments referencing current Immigration Rules and case law
  • Reapplication guidance – rebuilding your case if an appeal isn’t suitable

We have extensive experience handling spouse visa refusals, work visa rejections, and family reunion appeals before the Tribunal.

Why Choose AHJ Immigration

  • OISC-regulated and results-driven team
  • Specialist experience in appeals and human-rights-based cases
  • Transparent pricing and fixed-fee options
  • Free initial consultation to review your refusal letter
  • Based in Birmingham, representing clients UK-wide and internationally
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How We Help – Your Consultation Options

Free 30-Minute Consultation – We’ll review your refusal letter and discuss appeal or reapplication options.
1-Hour Paid Consultation – Detailed legal advice, evidence review, and written representation strategy. (Fee deductible if you continue with us.)

πŸ“ž Call 0121 828 2224 or Book Your Consultation online to get started today.

Disclaimer

Appeal rights and immigration procedures are subject to change. Information in this article is correct as of October 2025 and verified against GOV.UK and Tribunal guidelines.

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FAQs

1. Can I appeal a UK visa refusal?
Yes, if your visa involves human rights or protection grounds. Work or student visas usually qualify for administrative review instead of a full appeal.

2. How long does a visa appeal take?
Most appeals take around 6–9 months, depending on the Tribunal’s caseload. Administrative reviews are typically decided within 28 days.

3. Can I stay in the UK while appealing?
If you had valid leave when you applied and your appeal is in-country, you may stay under Section 3C leave until a decision is made.

4. Can I submit new evidence in an appeal?
Yes, you can submit new or updated documents to support your case. Administrative reviews, however, only consider existing evidence.

5. Should I appeal or reapply after refusal?
It depends on your case. Appeals suit human-rights cases; for missing evidence, a fresh application might be faster and stronger.

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Need Help With Your UK Visa?

Book a consultation with our OISC-regulated adviser today. Whether you’re applying, extending, or appealing β€” we’ll guide you every step of the way.

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