What if I am refused a visa?
Almost 90% of our applicants worldwide receive the visa that they have applied for. If you are refused a visa, the entry clearance officer will give you a written notice explaining why. To ensure that we have made a fair decision, an entry clearance manager reviews refusals without a right of appeal within 24 hours. In some cases, you will have the right of appeal against the decision.

If you have been refused a visa, you may apply again at any time, but if the circumstances leading to your refusal have not changed, you may be refused again.


Can I appeal against my refusal?
You can appeal against refusal of some types of entry clearance applications, for example:

Family visit – to visit close family members in the UK.
Spouse, fiancé(e) or unmarried partner – to settle in the UK
Student – to study for more than 6 months in the UK.
Work Permit holder – to work full-time in the UK
There are also other types of entry clearance applications which, if you are seeking to spend 6 months or more in the UK, you may have the right of appeal if you are refused. If you are entitled to appeal, this will be explained in your written notice of refusal. Further information is available at:


Immigration and Nationality Directorate


How do I make my appeal?
If you have the right of appeal the Entry Clearance Officer will give you three forms:

your written notice of refusal (setting out why your application for a visa has been refused);
your notice of appeal (the form which you must complete and return to the Entry Clearance Officer explaining why you think he or she was wrong to refuse your application); and
a leaflet explaining the appeals process.

Is there a time limit?
Yes. You must complete and return the notice of appeal to the entry clearance officer within 28 calendar days of receipt of the notice. If the notice is posted to you, this time limit starts from the date you receive the notice.


How much does it cost?
There is no charge for an appeal against refusal of visa.


What happens when I make my appeal?
When the Entry Clearance Officer receives your appeal he or she will review the application again, taking account of any further comments you have made in the Grounds of Appeal and of any fresh evidence. The original decision may be reversed at this stage, and an entry clearance issued.

If the Entry Clearance Officer does not alter the decision, and you choose to exercise your right of appeal, he or she will write an Explanatory Statement, which will explain in greater detail his or her reasons for refusing the visa. This will be sent with all your papers to the Home Office for onward transmission to the Immigration Appellate Authority and to your representative.


What does the Immigration Appellate Authority do?
The Immigration Appellate Authority (IAA) was set up by Parliament to resolve immigration appeal cases. The IAA will arrange for your representative in the UK to receive copies of all the relevant papers, including the Entry Clearance Officer’s Explanatory Statement. The IAA will then arrange for your case to be heard.


Who will decide the outcome of my appeal?
An independent adjudicator will hear your appeal in the UK. When considering an appeal, the Adjudicator will take full account of all the evidence presented by you and/or by your representative, as well as by the Home Office. He or she will then make a judgement based upon the Immigration Rules and on the individual merits of your appeal.


How long will my appeal take?

Family Visit appeal – You can choose to have your appeal decided on papers only. Or at an oral hearing where your sponsor or representative may attend the appeal hearing. The IAA’s aim is to process paper hearings as quickly as possible and should not take more than a few weeks, after the papers have been received by the Immigration Appellate Authority. An oral hearing will be dealt with in the same way as other appeals (see below). Unfortunately, it is not possible to give guarantees on how long an appeal will take and this information is given for guidance only.
Other appeals – It is not possible to give times for other appeals. It is likely that the appeal will not be listed for a hearing for some considerable time, possibly up to one year.

How do I contact the Immigration Appellate Authority?
If you or your representative wish to enquire about the progress of your appeal, or to obtain more information about the appeals system, you can contact the IAA at following address. Please give the name of the Post where the application was made and the Post reference number when making an enquiry:


Immigration Appellate Authority

The Arnhem Support Centre
PO BOx 6987
Leicester
LE1 6ZX
Tel: (+44) (0) 845 600 0877
Fax: (+44) (0) 116 249 4130


Can I get independent advice?
You or your sponsor can obtain advice and help about appeals from the Immigration Advisory Service (IAS). The IAS is a voluntary organisation, independent of government, which provides free and confidential advice to visa applicants and their representatives.

The IAS can help you decide whether or not to lodge an appeal. The IAS can also present an appeal to the Appellate Authority on your behalf. You can contact them at:


Immigration Advisory Service

3rd Floor
County House
190 Great Dover Street
London SE1 4YB
Telephone: (+44) (0) 20 7967 1200
Duty Office: (+44) (0) 20 8814 1559
Fax: (+44) (0) 20 7403 5875
email: advice@iasuk.org

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


Depending on the strength of your case and on your sponsor’s financial circumstances, they may be entitled to have your legal representative paid for by the Legal Services Commission’s “Community Legal Service” (CLS).

To find out if your sponsor qualifies for this funding contact:


Community Legal Service Policy Team

Legal Services Commission
85 Gray’s Inn Road
London WC1X 8TXCHAPTER 8 - HOW TO APPLY FOR AN ENTRY CLEARANCE: THE PROCESS

8.1 - To which Post should an applicant apply
Applicants may apply for visit visas at any full Entry Clearance Issuing Post (ECIP). They should apply to the ECIP in the country where they live for settlement or other long-term categories. You should interpret the last phrase as the place where a person is present in any capacity other than as a short-term visitor and has permission from the relevant authorities to be so present.

All Posts may accept visit or other short-term applications from persons who are en route to the UK or who have had to leave the United Kingdom to apply to re-enter in a changed status (including as a visitor) provided the application is straightforward and can be processed without difficulty.

8.2 - Accepting the Application Form
It makes good sense for entry clearance applications to be examined before they are formally accepted to ensure that all the essential information has been provided. This process saves time and money. It is usually delegated to a locally-engaged Entry Clearance Assistant who will check and ensure that:-

the application form is legible and has been filled out in full, including the additional IM2 forms if necessary;
two passport size photographs are included;
applicant’s passport is valid.
Neither the Act nor the Rules prescribe any specific form of application for entry clearance. This means that a letter containing sufficient details for an application may be accepted (as long as the appropriate fee is included). A note from the Ministry of Foreign Affairs requesting the issue of entry clearance for an official should be accepted. Third parties eg MPs, solicitors, relatives, immigrant organisations and established travel agents can put forward entry clearance applications. In all these cases, an IM2 form will still need to be completed (by EC section staff) to cover the applications.

An application is not legally made unless accompanied by the appropriate fee in local currency (Paragraph 30 of the Rules).

Queues and postal applications
At Posts where there are queues for settlement applications, an application by letter should not normally be processed until the fee is paid. Exceptions should only be made where local conditions make it impossible for applicants to enclose the fee with postal applications (eg if money order facilities are unreliable), and there will be no disruption to the entry clearance handling system.

Delays between the receipt of an application form and the fee
When a delay between the receipt of an application and the fee places an applicant outside the Rules (eg where a settlement applicant reaches 18 years of age), the date of the receipt of the application form should be considered as the effective assessment date provided the applicant attends and pays the fee on the appointed day.

8.3 - Applications from two or more persons travelling on one passport
An applicant whose passport contains names of dependants aged under 16 yrs need only complete one application form. If the application includes the dependants, their particulars should be entered on the form. If the names on the passport are of dependants aged 16 yrs or over, a separate application form must be completed for each such dependant.

All dependants who are travelling must pay the appropriate fee whether or not they are included in the main applicant’s passport.

If the passport includes the particulars of a servant or any other person not a member of the family of the applicant, a separate passport and entry clearance will be required for that person.

Entry clearance put into a family passport should specify persons covered, including "holder only" if appropriate.

8.4 - Application for second valid Entry Clearance
An applicant may hold more than one valid entry clearance, eg where a regular traveller already holding a two or five year multiple visit visa is issued with an entry clearance for a short term work permit. When issuing a second entry clearance, you should advise the traveller to explain to the Immigration Officer on arrival in which capacity he/she is seeking entry to the UK.

8.5 - Where UKvisas have authorised Pre-Assessment (the "sift")
Typically, Pre-Assessment advice may be given to the following types of applicant:-
those with inadequate documentation in support of their application;
those recently refused, where there has been no change in circumstances;
Sifted applicants should have their application forms returned if they wish. Where the applicant is still undecided on lodging an application, the form should be given back to the applicant with instructions to return with it if he/she decides to go ahead with an application. Under no circumstances should an applicant be prevented from proceeding with an application if he/she decides to do so.

UKvize.Com - Tüm Hakları Saklıdır.  webmaster@UKvize.com