Appealing your visa decision

What can I do if my visa is refused?

If your immigration application from within the UK or overseas has been refused, it does not necessarily mean it is the end of the process. The UK Home Office offers a number of routes to appeal your decision however it is important to understand which route is available for your visa type and immigration application. 
 
You will be notified in your decision letter whether you have been granted a right of appeal, and if so, we can assist you to successfully challenge the decision. The strength of your appeal will depend on the circumstances of your case. An erroneous decision can be reversed within a matter of days.
 
Depending on where you made your application, you will normally be provided with 14 working days (within the UK) or 28 days (outside the UK) to submit your appeal. We strongly urge you to contact us for a review of the decision at the earliest opportunity to ensure any appeal is made within time. 

I haven't been granted a right of appeal. Can I apply for an Administrative review?

If you haven't been granted a right of appeal, you might still have the option of applying for administrative review. This is usually suitable for individuals who feel that their application was refused unfairly or key pieces of evidence were not taken into account. If you are granted an administrative review, your initial visa application will be reviewed by another independent immigration officer at the UKVI service. 

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You might be able to apply for Administrative review if: ​

• you applied for your visa or immigration decision from outside the UK

• your application was refused on or after 6 April 2015

• you do not have a right to appeal against the refusal

• you did not make an application as a short-term student or a visitor

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If you choose to apply for administrative review, you must do so within 28 days of getting your refusal decision. You must also state the reasons for your application for administrative review as the decision will be checked for the errors you point out. You cannot usually request a second review so it is important to make sure that your initial application outlines the errors in detail. 

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Get in touch today to find out if you are eligible to apply for Administrative Review. At MSD Solicitors, we have dealt with some of the most complex, challenging immigration appeals. Our expert immigration solicitors will ensure that your case details are reviewed with meticulous detail and careful precision to give you the best chance of success at appeal.

Can I apply for a Judicial Review?

If you're not granted a right of appeal or eligible for administration review, you may still be able to apply for Judicial Review. These are unique circumstances which require expert legal advice to ensure that the request for Judicial Review is lodged promptly and accurately. This usually involves two broad stages:

• Pre-Action Protocol - notification that you intend to apply for judicial review

• Lodge an Application for permission to Seek Judicial Review

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At MSD Solicitors, our experienced immigration solicitors strive to ensure that each case is looked at with due diligence and attention to detail. We will tailor our services to meet the requirements of your case.