The Applicant, Sponsor, and, in some cases, the entire family can be disappointed if a visit visa is denied. Refusal of a visit visa often means losing out on a significant family occasion. It’s especially demoralising because the refusal usually concludes,
“Any future UK visa applications you submit will be examined on their own merits, but you are likely to be refused unless the circumstances of your application change.”
Unfortunately, it appears that making a successful application for a visit visa after a refusal or, worse, numerous refusals is considerably more difficult, but it is feasible.
Fresh applications should be properly prepared, and the following questions may be useful.
What were the reasons for the refusal of your visit visa?
It’s critical to address every reason for refusal that has been mentioned in past refusals. You should begin by determining the actual reason for the refusal. The Refusal Reasons can be fairly detailed, pointing to a single inexplicable transaction on a bank account or anything like. This can lead to applicants attempting to submit a new application with only one or two additional papers in order to address the precise aspect noted. Unfortunately, this is frequently insufficient, leading to a series of unsuccessful applications, each requiring a few further pieces of evidence.
In addition to addressing the very specific difficulties highlighted in past refusals, it’s also a good idea to think about what the major or headline cause for refusal is. If, for example, the Applicant’s finances are the cause for refusal, extensive evidence of the Applicant’s financial situation will very certainly be required (and possibly that of close family members if the Applicant is dependent on or financially assisted by family).
It’s crucial to keep in mind that every cause for refusal must be addressed.
Are there any other possible reasons for your visit visa being denied?
After you’ve addressed all of the preceding grounds for rejection, double-check that the application hasn’t been denied for any other reasons. Each rejection should specify all of the grounds for the refusal, although circumstances (or the Rules) may have changed since the prior refusal, and a different Entry Clearance Office may come up with new reasons for refusal.
The first step is to make sure you’ve addressed all of the Rules’ requirements and that the evidence you’ve presented is sufficient. Although Appendix V does not contain “specific proof” requirements, other parts of the Rules do, and this can assist you figure out what kind of evidence to present.
To prove a single fact, it is frequently necessary to present two or three different pieces of evidence. The many sources of evidence should all be able to back each other up.
It’s also a good idea to double-check what’s written in the Home Office’s “Visit Guidance,” as the Entry Clearance Officer will refer to it. The Guidance clarifies the requirements of the Rules. For example, while determining whether an application is a “genuine visitor,” the Guidance provides a number of characteristics that the Entry Clearance Officer will consider. All of these factors will be addressed in a solid application with adequate documentation. Some of the reasons stated here have to do with the Applicant’s personal circumstances (such as their immigration history and financial condition), while others have to do with the Applicant’s country of nationality (such as the political and economic situation in that country).
It’s also worth noting that the Home Office offers “Visitor: Supporting Documents Guide” special guidance. In an ideal world, your application will include all of the evidence specified in this guidance for your visit type.
After you’ve gathered all of the proof you’ll be submitting, think about if anything needs to be explained. Keep in mind that, while the Entry Clearance Officer has the authority to interview any applicant, they will almost never do so. If the documents are unclear or contain anything that could negatively impact the application, it is advisable to explain and, if feasible, provide further documentation.
Have I clarified everything as much as possible?
It’s common to have to explain the evidence you’ve presented. This is not simply to address any material that can raise suspicions, but also to assist the Entry Clearance Officer in navigating your application and understanding how the evidence you’ve provided contributes to your case’s proof. It’s vital to remember that the Entry Clearance Officer won’t know anything about your case unless you tell them.
Witness testimony and comprehensive legal submissions can both be used to explain the evidence. It’s possible that both are required to create an engaging application.
What will I do if I am denied a visit visa again?
Throughout the process of drafting your application, keep in mind that if your application is denied, you are unlikely to have a right of appeal. If you need to appeal a refusal, you’ll almost certainly have to do it through judicial review.
It is often not possible to introduce fresh evidence or explanations during a judicial review. As a result, it’s critical to provide all necessary proof with the application.
You will almost certainly have to establish that the Entry Clearance Officer’s judgement is unreasonable in order to win a judicial review. This is a pretty high bar to clear. It is insufficient for the court to believe that the Entry Clearance Officer should have reached a different conclusion on balance. As a result, it’s critical to show in your application that there are no reasonable grounds for refusal because all of the Rules’ requirements have been completed.
Do you want to instruct me? If it is a request for free legal advice I may not respond, I’m sorry. If you are looking for personal legal advice or help with your case, we have three different services available for differing budgets:
1. Ask us anything on video link or telephone legal advice in 30 min sessions for £75.
2. Application checking service for £450 if you have prepared your application yourself but want it checking for your peace of mind
3. Full legal representation from £1,950 where we run your case for you.
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