UK Visa Refusal Appeal Consultant in India PowerPoint PPT Presentation

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Title: UK Visa Refusal Appeal Consultant in India


1
Is your UK visa refused? Dont worry, you can go
for any one of these four options!1. Administrat
ive Review2. Appeal to First Tier
Tribunal3. Judicial Review4. Re-applyoptions
will vary by category of visa applied Need help
to decide the right option? CHAT WITH OUR UK
VISA REFUSAL CONSULTANT FOR GUIDANCE NOW!
2
  • The SmartMove2UK UK visa refusal consultant in
    India, talks about the refusals of UK visas and
    what is the process to overturn a refusal.
  • An application for any visa may be rejected by
    the Home Office if it does not meet the
    requirements of the visa. The application may be
    invalid or the applicant would not meet the
    requirement of the visa.
  • The requested visa will allow the applicant to
    travel for the stated purpose.
  • If the UK Immigration Office determines, based on
    the information provided in the visa application
    form, that the applicant has no justification for
    visiting the UK, it may decide to refuse the
    applicants request for a visa. Further to that,
    the applicant will receive a Letter of Refusal,
    stating the reasons for which the entry is
    denied.
  • The letter will also state the rights of the
    applicant, based on the visa category they had
    applied for. The rights will include one of the
    following
  • Administrative Review
  • Appeal to First Tier Tribunal
  • Judicial Review.
  • Re-apply
  • To know more talk or have a chat with our expert
    today! The SmartMove2UK UK visa refusal
    consultant in India

3
  • Administrative Review
  • Administrative Review is to consider whether an
    eligible decision is wrong because of a case
    working error, and, if it is, then correct that
    error. Administrative Review is only available
    where an eligible decision has been made.
  • When an application is refused the Notice of
    Refusal will advise the applicant of the rights
    available to them.
  • typically the following applications have a right
    to an Administrative Review
  • Tier 2 visa (now known as Skilled Worker
    visa, Senior Specialist Worker visa).
  • Short-term Work visas.
  • Student visas.
  • Tier 1 Entrepreneur visa (extension).
  • Tier 1 Investor visa (extension).
  • EUSS.

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Who has the right to apply for an Administrative
Review? A person who applies on or after the
relevant date and has received an eligible
decision may apply for an Administrative
Review. It is mentioned on the application
refusal letter if the applicant can ask for the
decision on the visa application to be reviewed.
This is known as an Administrative Review .
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  • Administrative Review has 3 categories
  • 1. Administrative Review from Outside the UK
  • The cost for this process is 80. The fee of
    Administrative Review is refunded if the refusal
    is overturned. Whether the applicant can request
    a review of the decision regarding their visa
    application, will be stated in the refusal
    letter. This means that, provided the following
    requirements are met, the applicant may submit an
    application for an Administrative Review
  • The visa request was denied on April 6, 2015, or
    later.
  • Applied from a location outside the UK where you
    are based.
  • Not permitted to appeal the rejection.
  • Failed to submit an application for a Short-Term
    Student visa or a Visitor visa.
  • Within 28 days of receiving the decision on the
    denial, an Administrative Review may be
    requested. For any mistakes in the review
    application, the decision will be reviewed again.
    No additional data or documents must be submitted
    until specifically requested to do so.
  • The steps in the application process for an
    Administrative Review are as follows
  • Getting the Administrative Review Request Notice
  • Filling it out, and sending it
  • The applicant will be informed of the
    Administrative Reviews result within 28 days.
    Unless the outcome of the review revealed new
    justifications for the visa denial, the applicant
    cannot ask for a second review. The applicant
    might be eligible to request a Judicial Review if
    they feel that the review was not conducted
    properly.

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2. Administrative Review from Inside the UK If
the applicants right to appeal has not been
granted, they may request an Administrative
Review from within the UK. Within 14 days of
receiving the judgement, a request for an
Administrative Review must be submitted. The
applicant has 7 days to apply if they have been
detained. The cost for this process is 80. The
fee of Administrative Review is refunded if the
refusal is overturned. Similar to when applying
from outside the UK, the applicant will be
informed of the reviews findings within 28 days.
A second Administrative Review cannot be
conducted unless the findings revealed fresh
grounds for the visa denial to the UK. Even if
the visa has expired, the applicant typically
wont be expelled from the UK until the
Administrative Review conclusion arrives.
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  • 3. Other circumstances for Administrative Review
  • A. Having the visa revoked at the border If the
    visa was revoked at the border for one or more of
    the following reasons, the applicant may request
    a review of the decision.
  • There has been a shift in the applicants
    circumstances
  • The applicant provided misleading information
  • The applicant failed to include crucial facts in
    the application
  • B. If the applicant was permitted to enter the UK
    temporarily Within 14 days of receiving the
    judgement, a request for an Administrative Review
    must be submitted. The applicant has 7 days to
    submit an application if they have been detained.
    The application must be submitted from the UK.
  • C. Having the visa revoked at a border crossing
    outside the UK Any of the following cities may
    request an Administrative Review within 28 days
    of the cancellation of the visa
  • Paris
  • Brussels
  • Dunkirk
  • Coquelles
  • Calais
  • Lille
  • The applicant will be informed of the
    Administrative Review result within 28 days. Keep
    in mind that the applicant cannot ask for a
    second review unless the outcome of the first
    review revealed fresh justifications for the visa
    denial.

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Appeal to First Tier Tribunal Appealing against a
decision of the Entry Clearance Officer for Entry
Clearance visa applications
Appealing against a decision of the Entry
Clearance Officer for Entry Clearance visa
applications revealed by UK visa refusal
consultant in India This is the first step in the
appeal process the grounds of appeal are filed
before the First Tier Tribunal countering the
reasons for refusals and providing rebuttals on
the same. Drafting the grounds of appeal in an
organized way can help the applicant get a
favorable application outcome.
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  • When can you Appeal?
  • Applicants can file an appeal to the tribunal if
    they have been given a legal right to appeal
    this is mentioned in the Notice of Refusal
    received by the applicants.
  • Appeal rights are typically granted for refusal
    of applications by the British High Commission
    Post or Home Office in the following categories
  • Refusal of Leave to Remain, extend leave, and
    variations (i.e. Curtailment) of leave in the UK
    as Fiancé, Spouse, Dependent Children, Civil
    Partner, Unmarried Partner, or as a Dependent.
  • Refusal of Entry Clearance under Fiancé visa,
    Spouse visa, Dependent Children visa, Elderly
    Dependent visa, Adult Dependent visa, Civil
    Partner visa, Unmarried Partner visa, Family
    Visitor visa, etc.
  • The decision to deport someone already in the
    UK.
  • Decision to ask the person to leave the country
    from the airport.
  • Refusal to allow someone asylum in the UK.

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  • The applicant can appeal against the following
    decisions from outside the UK
  • A decision to refuse a Human Rights Claim for
    Entry Clearance.
  • A Human Rights or protection refusal (where the
    applicant can only apply after they have left the
    country).
  • A decision by the Home Office to deport the
    applicant as a European Economic Area (EEA)
    National.
  • The application for an EEA family permit as a
    family member of an EEA National was refused by
    the Home Office under the EEA Regulations.
  • Certain decisions about applications submitted
    before 06 April 2015.
  • The applicant can appeal against the following
    decisions from within the UK
  • The applicants human rights or protection claim
    has been refused while in the UK.
  • A decision made under the European Economic Area
    (EEA) Regulations, e.g. the Home Office has
    refused to issue a residence document.
  • A decision by the Home Office to deport the
    applicant (as an EEA National).
  • A decision where the applicant has been detained
    and the decision letter was sent by the Detained
    Asylum Casework team at the Home Office.
  • A decision to revoke the applicants UK
    citizenship.
  • A decision to revoke the applicants protection
    status.
  • Certain decisions about applications submitted
    before 6 April 2015.

11
Judicial Review What is the UK visa Judicial
Review and how can you apply? answered by a UK
visa refusal consultant in India The Upper
Tribunal (Immigration and Asylum Chamber) is
responsible for the Judicial Review of certain
decisions made by the Secretary of State for the
Home Department, entry clearance officers, and
others, under immigration legislation.
Where the Home Office (UKVI) has refused an
application for entry clearance or leave to
remain and has not granted a right of Appeal
against the Refusal of the application, such a
refusal can be challenged by way of Judicial
Review (JR) within 90 days from the date of the
refusal letter. Per Civil Procedure Rules, a
Pre-Action Protocol (PAP) notice must be sent to
the Home Office (UKVI), allowing them at least 14
days to review their decision and change their
decision considering the information/documentary
evidence given through the Pre-Action Protocol
letter. The main aim of the PAP is to avoid
unnecessary litigation. It is possible that
because of the Pre-Action Protocol letter, the
Home Office (UKVI) may review their decision to
refuse the application and either maintain the
refusal or grant approval on the visa
application. If the decision to refuse is
maintained or the Home Office does not respond to
the Pre-Action Protocol letter within the
stipulated time, applicants can apply to the
Upper Tribunal for permission to apply for
Judicial Review. Such an application is made on
papers the court will refuse and grant
permission on papers without a court hearing.
12
Re-apply The applicant may submit a new
application that addresses the reasons for
rejection along with new supporting documentation
and the visa fees. Making a new application has
no time restriction. So, following the denial of
the UK visa, the applicant is free to re-apply.
13
  • Any visa application can face a refusal from the
    UK Immigration authorities for a number of
    reasons, including those listed below. The
    following are the most typical reasons why a UK
    visa would be rejected
  • Providing incorrect or fake documentation is
    deception.
  • If the applicant is the subject of a deportation
    order.
  • If the applicant has a criminal record that
    calls for a minimum 4-year jail sentence.
  • Concealing information about any criminal
    history on purpose.
  • Not enough money to travel to the UK.
  • On a prior visit to the UK, the applicant
    overstayed their visa or provided falsified
    documentation.
  • The applicant does not adhere to the
    requirements for the visa, such as providing a
    medical report or submitting a biometric scan or
    photograph.
  • The applicant lacks a passport or other
    acceptable form of identification.
  • The applicant has not revealed any significant
    information about the visa application procedure.

14
Do not get disheartened if you got a refusal on
your UK visa there is still a chance left to get
it right the next time. It is always advised that
the applicant must seek professional help before
making any visa application by themselves because
the UKs immigration laws can be difficult to
navigate and mistakes in the application form
result in refusals and sometimes, denial of entry
for up to 10 years. The SmartMove2UK is a UK
visa refusal consultant in India. Our
UK-qualified immigration solicitor and lawyers
are well versed in all matters concerning UK Visa
Refusals. We have filed many reviews and appeals
for our clients, who were then able to travel to
the UK without any worries.
Speak to our UK Visa Expert today!            
           
91 9819127002 91 9819127002
Book your Consultation info_at_smi.legal
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