How to challenge refusals by reconsideration
Under the UK Immigration Law, the right to challenge the Home Office’s decision to refuse a visa application, in most cases, takes the form of an Administrative Review or an Appeal. However, in certain circumstances, for example, in a nationality, “transfer of conditions” or “No Time Limit” applications, such right is not granted. Such refusals are best to be challenged in the form of a reconsideration request.
The Home Office is not legally required to reconsider its decision but may do so in certain circumstances. The reconsideration request is reviewed by a senior caseworker of the same grade as the one who made the original decision, but not by the same person.
When preparing the reconsideration request, attention should be given to the facts of the case, which may have been overlooked by the original caseworker, and the documents that were submitted with the original application. The new evidence or information will not be accepted at the reconsideration stage. To aid the arguments at the reconsideration, it is advisable to request a full copy of the applicant’s UK Immigration file, which, in most cases, would shed light on the decision-making process and reasons for the refusal.
The reconsideration request is sent by post and attracts the Home Office fee. The processing time can be lengthy, with nationality cases taking approximately one year to conclude.
If the reconsideration request is not successful and the original decision to refuse the application is upheld, the next remedy is the pre-action protocol (PAP) letter followed by, if necessary, the Judicial Review (JR) application.
Our immigration team is not new to the reconsideration request procedure. We have successfully represented clients in nationality cases and helped to amend the period of limited leave to remain granted in error. Do not hesitate to reach out for assistance.
This article is provided for general information only. It is not intended to be and cannot be relied upon as legal advice or otherwise. If you would like to discuss any of the matters covered in this article, please contact us using the contact form or email us on reception@cnsolicitors.com