UK Visa Refused

It is for the general information that there is huge number of people who apply for UK visa in different categories. Among these student visa is simplest of all which also give you a chance to work in UK (20 hours per week maximum). In other categories the rules are tougher therefore many people apply for student's visa to maximize their chances of departure to UK. Their intentions are not to study but work or to do other business. UK's economics is rich and attracts many (opportunists) people from developing countries.  Keeping this factor in mind the interviewer will try to ask several questions to ensure if your intension are genuine or not. This could be problematic for genuine students who do not know the intensions of the visa interviewer. Therefore many students get confused and nervously reply and sometime their statements are incorrect when compared to their written statement. These increase the chances of refusal. Because it is the duty of interviewer to seek honest and unbiased opinion of the candidate. Failing to receive satisfactory statements, the interviewer stamps REFUSED stamp on candidate's application form. However, this is not the end of the world. You have right to appeal and with proper guidance you will get the visa. Many do not bother to appeal and think that they will apply fresh, next time. Point to remember is that all your details are saved in their computer. Next time they will start from the same point but with great suspicion that last time you were unable to make it and perhaps now you got some other ideas do it. It is therefore in your favour to appeal against the decision of visa officer and get it done where you can decide the date to travel abroad.

Sindh2uk offers you friendly advice on this issue. There are two versions of it. It is suggested to read both official and unofficial version before you appeal

Official advice (read every word first) Guidance - Appeals (INF 20)

 

Friendly advice

 

Visa service from Sindh and Pakistan             Information leaflet 

 

Official Advice

What is this guidance about?
This guidance explains who has the right of appeal if their visa or other entry clearance for the United Kingdom (UK) has been refused, and how to make such an appeal.

Who can appeal?
For some types of application, there is a right of appeal when a visa is refused. These are the most common.

If we refuse your visa application and you want to spend more than six months in the UK, you may also have the right of appeal. The Entry Clearance Officer (ECO) will tell you if you have a right of appeal and give you the appeal forms you need.
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How do I make an appeal?
If you have the right of appeal, the ECO will give you three documents.

 

You can lodge your appeal directly with the Asylum and Immigration Tribunal (AIT) in the UK or you can send your appeal form to the overseas visa section where your visa was refused. The visa section will then forward it to the AIT in the UK. You cannot do both.

You must send a copy of your Notice of Refusal with your Notice of Appeal form.
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Is there a time limit?
Yes. You must fill in and return the Notice of Appeal to the AIT or the British mission overseas where your visa was refused no more than 28 days after you receive the Notice of Refusal. If the refusal notice is posted to you, it is assumed that you will have received it 28 days later. The 28-day time limit to send your appeal starts from then. We will only extend the deadline in exceptional circumstances.
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How much does it cost?
There is no charge for appealing against your visa being refused.
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Who decides the outcome of an appeal?
Appeals are heard in the UK by an Immigration Judge.
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What happens when an appeal is lodged?
When the AIT has lodged your appeal they will send a Notice of Receipt to the British mission overseas where you applied. When the visa section receives the Notice of Receipt, the Entry Clearance Manager (ECM) will review your application again, taking into account any further comments and supporting documents you have included in the Notice of Appeal. If the ECM is satisfied that your application meets the Immigration Rules, the original decision may be overturned, and entry clearance issued.

If the ECM does not overturn the decision, an ECO will write a statement to explain in greater detail the reasons for refusing your visa. This will be sent with all your papers (the appeal bundle) to the AIT.

When the visa section receives the Notice of Receipt, they will prepare and send the appeal papers to the AIT within 20 working days for non-settlement cases and family visit cases. For settlement cases, they will prepare and send the papers within 60 working days.
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What does the Asylum and Immigration Tribunal (AIT) do?
The AIT will list your appeal for hearing and send copies of all the relevant papers, including the ECO’s written statement, and supporting documents to the Home Office and to your representative or sponsor.

An Immigration Judge will hear your appeal in the UK. When considering an appeal, the Immigration Judge will look at all the evidence sent in by your representative, as well as by the Home Office. The judge will decide your appeal on the individual details of your case and in line with the Immigration Rules.
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How to contact the Asylum and Immigration Tribunal (AIT)
If you want to find out about the progress of an appeal, or for more information about the appeals system, you can contact the AIT as follows.

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Asylum and Immigration Tribunal

Arnhem Support Centre
PO Box 6987
Leicester LE1 6ZX
United Kingdom

Tel: (+44) (0)845 600 0877
Fax: (+44) (0)116 249 4130
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Where to get independent advice
You can contact the Immigration Advisory Service (IAS) for advice and help with an appeal. The IAS is a voluntary organisation independent of government, and can provide confidential advice for you and your representatives.

The IAS can help you to decide whether or not to make an appeal. It can also represent you at an appeal hearing.

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Immigration Advisory Service

3rd Floor, County House
190 Great Dover Street
London SE1 4YB

Telephone: (+44) (0)20 7967 1200
Duty office (open 24 hours a day): (+44) (0)20 8814 1559
Fax: (+44) (0)20 7403 5875
Email:
advice@iasuk.org
Website: www.iasuk.org

The IAS also has offices in Birmingham, Cardiff, Gatwick Airport, Glasgow, Harmondsworth, Heathrow Airport, Leeds and Manchester.

You may be entitled to have your representative paid for by the Legal Services Commission’s ‘Community Legal Service’ (CLS).

To find out if you qualify for this funding, contact:

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Community Legal Service Policy Team

Legal Services Commission
85 Gray’s Inn Road
London WC1X 8TX

Tel: (+44) (0)845 608 1122

Please do not send your appeal to the Legal Services Commission. You should always send your appeal to the AIT or the British mission overseas where your visa application was refused.
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Alternative formats
In the UK we also have versions of our guidance notes in Braille, on audio tape and in large print. If you would like any guidance notes in one of these formats, please contact:

UKvisas
London SW1A 2AH

Phone: (+44) (0)20 7008 8308
Email: www.ukvisas.gov.uk/enquiries

 

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Friendly Advice

If you have read above official notes then you may not need any further information on 'How to appeal' or 'Where to appeal'. However the following section will provide some useful tips to avoid failures in appeal.

It is observed that there are many solicitors and clever people who advise the candidate to handover their cases to them and they will FIGHT for their right and will get their visa. For this they charge a fee, about Rs: 30,000 to 50,000 (min). Well, honestly, they do not do anything special for you. They ask you all those things that are necessary and get all the documents which are required and go to represent your case. Remember they DO NOT BRIBE OFFICIALS.  If you have confidence in yourself then there is no difference if you apply yourself and represent your case instead.

You must read the refusal points very carefully and try to answer all those points very clearly such that there will not remain any doubt at all. To ensure this please consider following tips.

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If you need further information or advice on this issue please send an email to sindh2uk describing details, we will try to keep your particulars confidential and provide you with necessary advice to support your entry clearance visa without additional cost.

 

 


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