When you submit a UK immigration application, there are two possible outcomes: they will approve or reject your application. Usually, every applicant hopes for a positive answer. Given the complex immigration rules associated with the application process, a no may not be the end of the road. You can file a new application, request an official or judicial review, or appeal to cancel the Ministry of internal affairs' decision if you have the legal right to appeal.
The United Kingdom's First Tier Tribunal, which deals with immigration and asylum complaints, received as many as 26,211 appeals between April 2020 and March 2021, and about 50% of cases were successful. In this article, you will learn why your immigration application may be rejected and how to win an immigration complaint in case of refusal.
The main reasons for refusing immigration to the UK
The first step in preparing a successful immigration complaint is understanding why the Department of the Interior rejected your immigration application. With that in mind, here are some of the main reasons why immigration applications are rejected in the UK:
- Incorrect information in the immigration application
- Unintentional errors in the application form
- Sign up on the wrong form
- Non-payment of home office expenses or insufficient expenses
- Have a criminal history
- Insufficient proof of suitability
- Failure to provide a valid reason for your intention to visit the country
- Removal order
- Dubious bank account transactions make the financial viability of the applicant questionable.
- Failure to choose the right visa category
- Failure to arrange the necessary documents under the required order.
- Incomplete documentation
Lack of professional guidance. Suppose you do not have an immigration expert to hold your hand. In that case, you are likely to make a mistake somewhere in the application process, ultimately contributing to the rejection of the application.
Failure to disclose required immigration Application History
Unclear or too long route
Doubts about the declared monthly income. The Ministry of Internal Affairs will tell you in the rejection letter the exact reason for the rejection of your application. The letter will indicate whether you have the legal right to appeal the Ministry of internal affairs' decision. In this case, an Appeal means starting a case against the verdict on your immigration application.
If there is a right of Appeal, the case is considered and decided by an immigration judge, who can admit or reject it. If it is allowed, the Ministry of Internal Affairs will have to reconsider its decision on your application. If the court rejects the case, you may be able to appeal again.
But even if you have the right to appeal, you need to weigh whether a more favorable decision is possible after filing the Appeal. If you think there was a legal error and injustice in how the Ministry of internal affairs came to the verdict, then it's good to look for a way to overturn the decision on Appeal.
Preferably involve experienced and reputable UK immigration lawyers to explore your chances of winning from a highly informed perspective.
How soon can you appeal?
If you have confirmed that you have the legal right to appeal the decision of the Immigration Service, the next step is to find out how quickly to appeal.
Well, you must file your immigration complaint within 28 days of receiving the judgment of your application from the Immigration Service if you are refunded the entry permit outside the United Kingdom. Otherwise, you will have to appeal within 14 days after receiving the Ministry of internal affairs decision in the country. Otherwise, if you need to leave the UK before filing the complaint, you must appeal within 28 days of departure.
The tribunal advises against late appeals. Your application is likely to be rejected if submitted after the deadline. Suppose you have good reasons to miss the deadline. In this case, after the 14-day or 28-day period has expired, you can still submit your objection request, but you must state the reason in the request. Considering the appropriateness of the reason given, the court will decide whether they will consider your Appeal.
What to do to win the profession?
Involve a highly experienced and reliable legal representative
The appeal process is usually as complex as the first immigration application. Therefore, you can easily screw up somewhere in the appeal process, especially if you are unfamiliar with immigration laws and cannot develop robust and convincing legal arguments. It is where the help of a solid legal representative like our immigration lawyers in London comes in handy.
Our law firm is one of the best in the UK for handling immigration complaints in the UK and is ranked as a top tier in the Legal 500 specifically for our work in this legal field.
We will help you to do everything right for each step of the process and understand the whole process without any problems. There is a possibility of a further appeal by the tribunal for erroneous legal views.
Have solid documentation
Whether you use a legal expert or not, providing sufficient and compelling documentation to prove your total eligibility for the immigration application you have filed is critical to the success of your profession. Make sure you have all the necessary documents on hand and arrange them in the correct order.
Follow the guidelines of the tribunal.
The tribunal establishes several guidelines, such as deadlines and document orders, to be followed by applicants of any immigration complaint. You need to know the exact guidelines for your Appeal and ensure you are fully compliant when submitting your application to the tribunal.
How to file your Appeal
If you approach a lawyer or an immigration consultant, the process is quite simple, as the professional will do almost everything for you. The immigration / legal expert will apply online through the service unless you are in custody. If you are detained, a paper complaint applies.
If you are in the United Kingdom and wish to submit your application, you can apply online or send the application by post or fax to the Immigration Court. Otherwise, direct personal applications from outside the UK may use the internal online service.
Hopefully, you now know better how to win an immigration complaint and what reasons are likely to contribute to the rejection of your original immigration application or complaint. We have a strong team of UK immigration lawyers ready to help you file a successful immigration complaint at aman. Contact us now for the best advice on what to do next when it comes to your immigration complaint.