visit visa uk appeal

UK: How To Appeal A UK Visa Or Immigration Decision

In Part 1 of this comprehensive two-part guide to appealing against a Home Office visa or immigration refusal decision, we look at which immigration decisions have a right of appeal, what constitutes an appealable human rights claim and the circumstances in which the Home Office may prevent an individual from appealing a Home Office refusal decision.

We also look at the online immigration appeal process, time limits for lodging an appeal to the First-tier Tribunal (Immigration and Asylum Chamber) , the circumstances in which it may be possible to appeal out–of-time and also how to seek an expedited immigration appeal hearing.

Finally, we look at immigration appeal fees, immigration status during a pending immigration appeal, the impact of leaving the UK while an immigration appeal is pending and the possibility of entering the UK during a pending immigration appeal.

In Part 2, we will look at the general approach of the First-tier Tribunal and Upper Tribunal to immigration appeals based on human rights, highlighting some of the most important case-law that appellants should be aware of, as well as the scope for raising new matters on appeal.

We also examine various practical issues that need to be considered when presenting an immigration appeal, such as the Immigration Tribunal's active case management of appeals, the possibility of seeking anonymity in immigration appeal proceedings, special measures, video links in immigration appeal hearings, immigration appeal processing times and what happens after an immigration appeal has been determined.

What UK Visa and Immigration Decisions Can You Appeal Against?

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) against a decision of the Home Office to:

• refuse a protection claim;
• revoke protection status;
• refuse a human rights claim (this would include decisions to refuse to extend a spouse visa or refuse an adult dependent relative visa);
• refuse to issue a residence document, or remove a person under the Immigration (European Economic Area) Regulations 2016 (where saving provisions apply);
• deprive a person of their British citizenship;
• refuse leave to enter or remain, or refuse indefinite leave to enter or remain where limited leave is granted following an application made under the EU Settlement Scheme;
• vary the length or conditions of leave to enter or remain, cancel leave to enter or remain or revoke indefinite leave to enter or remain granted under the EU Settlement Scheme;
• refuse, cancel or revoke entry clearance under the EU Settlement Scheme Family Permit;
• refuse leave to enter where there is entry clearance under the EU Settlement Scheme Family Permit;
• cancel or vary leave to enter acquired by virtue of having entered the UK with entry clearance under the EU Settlement Scheme Family Permit;
• make a deportation order in respect of a person who has leave to enter or remain under the EU Settlement Scheme or entry clearance under Appendix EU: Family Permit;
• refuse or revoke a frontier worker permit, or remove or deport a frontier worker;
• refuse or revoke leave to enter or remain as an S2 healthcare visitor, or remove or deport an S2 healthcare visitor.

If you do not have a right to appeal because the decision you wish to challenge is not an appealable immigration decision, you may still be able to ask the Home Office for an Administrative Review . Only certain types of application carry a right of Administrative Review if refused. Our immigration appeal lawyers in London can advise you further.

It is sometimes possible to appeal, even where the Home Office asserts that you do not have a right of appeal, but you will need to argue jurisdiction before the Tribunal. Examples may include a returning resident visa where there are strong family ties. If you do not have a right of appeal then you may wish to consult our immigration appeal lawyers in order to discuss the options available.

What Is an Appealable Human Rights Claim?

The definition of "human rights claim" is in s.113 of the Nationality Immigration and Asylum Act 2002:

"human rights claim" means a claim made by a person to the Secretary of State at a place designated by the Secretary of State that to remove the person from or require him to leave the United Kingdom or to refuse him entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention).

Some applications made under the Immigration Rules are considered human rights applications and therefore attract a right of appeal if refused. Home Office guidance recognises the following applications as generally involving human rights claims:

• Long Residence applications;
• Appendix FM family member applications (this would include decisions to refuse entry or to extend on the basis of a spouse visa , civil partner visa or unmarried partner visa );
• Part 8 family member applications;
• Private Life applications;
• Partner or child of a member of HM Forces applications.

Some applications for leave to remain outside the Immigration Rules may also be treated as a human right claim with a right of appeal against a refusal decision.

Home Guidance guidance on leave to remain outside the rules on human rights grounds reads:

"Applications for leave to remain outside the rules on human rights grounds are made on forms FLR(O) for further leave to remain (LTR) and SET(O) for indefinite leave to remain (ILR). It is important to note that these forms are only to be used for human rights applications where there is no specific form available..........

These forms are multi-purpose and not all applications made on these forms are human rights claims. The FLR(O) and SET(O) forms require the applicant to tick a box indicating which application they are using the form for. Only one box may be ticked.

It is only where the applicant ticks the box 'Other purposes or reasons not covered by other application forms' that it should be treated as a human rights claim. Though even if this box is ticked, the application may not be a human rights claim."

Refused applications made on the basis of domestic violence or bereavement do not necessarily result in a right of appeal, as they are not considered by the Home Office to be human rights claims in and of themselves. However, it may be possible to advance human rights arguments within those applications and argue to the Immigration Tribunal, if not recognised by the Home Office, that there is a right of appeal. We examined this in an earlier post on our Knowledge Centre.

It is a matter for the Immigration Tribunal to determine whether it has jurisdiction, and the Home Office's view on this is not determinative. In considering whether a human rights claim has been made, the Home Office will consider whether the application explicitly says it involves a human rights claim, whether it raises matters that may amount to a human rights claim, and whether the matters raised are capable of engaging human rights.

Home Office guidance reads:

"You should ask yourself whether, having regard to the human rights protected by the European Convention on Human Rights (ECHR), is it obvious that the application relates to one of those rights. If it is obvious that the application relates to one of these rights, a human rights claim may have been made".

Can the Home Office Limit a Right of Appeal?

Clearly unfounded immigration claims.

A protection or human rights claim can be certified by the Home Office as 'clearly unfounded' under section 94 of the Nationality, Immigration and Asylum Act 2002. Where a protection or human rights claim is certified as 'clearly unfounded', it is not possible to appeal against the refusal decision.

Before certifying a protection or human rights claim as clearly unfounded, the Home Office should, applying its own guidance, consider:

• the factual substance and detail of the claim;
• how it stands with the known background data;
• in the round whether it is capable of belief;
• whether some part is capable of belief;
• whether, if eventually believed in whole or part, it is capable of meeting the requirements of the Refugee Convention.

Applying the decisions of the House of Lords in R v SSHD Ex p Thangarasa and R v SSHD, Ex p Yogathas [2002] UKHL 36 and Court of Appeal in ZL & VL v SSHD [2003] EWCA Civ 25 a manifestly unfounded claim is a claim which is so clearly without substance that it is bound to fail. A claim can be manifestly unfounded even if it takes more than a cursory look at the evidence to come to a view that there is nothing of substance in it.

A clearly unfounded certificate can be challenged by way of Judicial Review. The merits of a challenge will depend on the evidence submitted with the original application and the basis for any refusal.

Our immigration appeal lawyers in London can advise on the merits of applying for Judicial Review of a clearly unfounded certificate.

Further submissions not amounting to a fresh claim

Where further submissions are rejected as not amounting to a fresh claim under paragraph 353 of the Immigration Rules, there is no human rights or protection claim to certify and so there is no right of appeal.

Submitting an Appeal after a Home Office Refusal

Online immigration appeal process.

MyHMCTS is an online case management system for legal professionals which is managed by HM Courts and Tribunals Services (HMCTS) . The system allows legal professionals to submit, pay for and manage online case applications. It applies in various areas including immigration and asylum appeals.

The online immigration appeals system can only be used on behalf of appellants who are not in detention and not appealing an EU Settlement Scheme decision.

It is only possible to select the type of immigration appeal that best fits the case. Evidence and detailed legal argument will follow in accordance with directions.

Once an immigration appeal has been submitted, immigration appeal lawyers are able to build their client's case including by providing an 'appeal skeleton argument' (ASA) and uploading supporting evidence,

What is an Appeal Skeleton Argument (ASA)?

An Appeal Skeleton Argument (ASA) is a brief summary of the case, a schedule of issues and the reasons why the appellant disagrees with the decision.

The Appeal Skeleton Argument (ASA) is uploaded along with documents in support of the appeal.

You may wish to seek professional legal advice and assistance from an immigration appeal lawyer in relation to the drafting of an Appeal Skeleton Argument.

Home Office Review of Immigration Refusal Decision

If all in the correct format and meeting the requirements, the Immigration Tribunal will then forward the ASA and bundle of supporting documents to the Home Office. The Home Office will then carry out a review. The review period will depend on the circumstances of the case, but the Tribunal will issue directions. The review is an important way to narrow the issues and on many occasions reach agreement as to the way forward, including by way of withdrawal with a view to grant.

As leading immigration appeal lawyers, it is our experience that a structured framework can lead to a meaningful Home Office review and potentially avoid any need for the matter to proceed to an immigration appeal hearing. It is extremely important that the reviewer is provided with all necessary information and that the arguments are clearly and succinctly advanced.

Further Evidence in Immigration Appeals

Under the online immigration appeals system it is possible to provide additional evidence after submitting a case, for example where additional information is provided by the client or in response to a Home Office review where further issues might need to be addressed.

Immigration Appeal Hearing at the First-tier Tribunal – If Necessary

If there is to be an immigration appeal hearing, the legal representatives will confirm any adjustments needed, for example an interpreter. All documents relating to the hearing will be combined into a 'digital bundle'. This can be accessed via MyHMCTS.

You will receive a notice of hearing, containing the date and location of your immigration appeal hearing before an Immigration Judge of the First-tier Tribunal (Immigration and Asylum Chamber). You may be asked to attend the tribunal building in person, or you may be asked to attend remotely via video link or phone. Either way, your immigration appeal lawyer will accompany you on the day of the hearing, ask relevant questions of any witnesses and make legal submissions to the Immigration Judge as to why your appeal should be allowed.

Time Limits for Appealing to the First-tier Tribunal (Immigration and Asylum Chamber)

If you receive an immigration refusal decision, the first consideration, aside from whether there is a right of appeal, is the time limit to lodge any appeal to the First-tier Tribunal .

There is a distinction between immigration appeals lodged within the UK and those lodged outside the UK.

If you are lodging an immigration appeal from within the UK you must lodge your immigration appeal within 14 days of the decision being sent to you. This is despite a refusal referring to the date it is deemed to be served; we often see refusals that refer inadvertently to the old procedure rules.

If you applied for entry clearance and are therefore appealing from outside the UK, the deadline for lodging an immigration appeal is 28 days from receipt of the decision. It may therefore be important to keep evidence of how and when your immigration decision was received (for example, by email). It is important to note that appeals against the refusal of entry clearance applications or any applications made outside the UK can only be brought from outside the UK. However, if brought within the UK, there is no restriction on where the appeal may be continued from. For instance, where a person receives a refusal of entry clearance and subsequently enters the UK as a visitor, they will be unable to bring an immigration appeal against that refusal from within the UK and would have to leave to bring the appeal. Conversely, there is nothing preventing an individual from continuing their appeal from within the UK, after the appeal has been brought and the appellant has been admitted to the UK on a different basis (for example, as a visitor).

Time limits to appeal against decisions relating to the EU Settlement Scheme , where an administrative review application has been made, can, in some circumstances, begin from the date that the decision on administrative review is received.

It is important to remember that lodging the immigration appeal is calculated in calendar days, not business days. It is only when the last day for appealing falls on a day other than a working day, an appeal is in time if lodged the next working day. Working day means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday, and 27th to 31st December inclusive.

Out-Of-Time Immigration Appeals

If you do need to appeal an immigration decision outside of the deadline, it is possible to do so, but the notice of appeal will need to include an application for an extension of time and the reason why the notice of appeal was not provided in time.

In R (on the application of Onowu) v First-tier Tribunal (Immigration and Asylum Chamber) (extension of time for appealing: principles) IJR [2016] UKUT 00185 (IAC), the Upper Tribunal confirmed that, in considering whether to exercise discretion to extend time for appealing an immigration decision, the Tribunal should apply the approach in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537; Denton v White [2014] EWCA Civ 906 and R (Hysaj) v Secretary of State for the Home Department [2014] EWCA Civ 1663. The following would need to be considered:

• Whether the delay is serious or significant, or not;
• Whether there is a good reason for the delay;
• All the circumstances of the case, to enable the Tribunal to deal justly with the application for extension of time.

Further, in R (Hysaj) , it was held that:

• There is no merit in constructing a special rule for public authorities; they have a responsibility to adhere to the court's rules even if their resources are 'stretched to breaking point' [42];
• A solicitor or public body having too much work will rarely be a good reason for failing to comply with the rules [42];
• Particular care needs to be taken in appeals concerning claims for asylum and humanitarian protection to ensure that appeals are not frustrated by a failure by a party's legal representatives to comply with time limits. The nature of the proceedings and identification of responsibility for a failure are matters to be considered at the third stage of the process [42];
• The inability to pay for legal representation cannot be regarded as providing a good reason for delay [43];
• In most cases the merits of the appeal will have little to do with whether it is appropriate to grant an extension of time. Only in those cases where the court can see without much investigation that the grounds of appeal are either very strong or very weak will the merits have a significant part to play when it comes to balancing the various factors that have to be considered at stage three of the process [46].

Expedited Immigration Appeals

It is possible to request an immigration appeal to be listed for a hearing or considered quicker than usual, if there is a good reason for that, for example if an appellant or sponsor is very ill, or there is risk of destitution.

An expedition request should be made setting out the reasons for which the appeal should be expedited. You will need to include evidence to demonstrate those reasons. The application and evidence will be reviewed and a decision will be made on whether the appeal should be expedited or not.

To discuss your immigration appeal with one of our immigration appeal barristers, contact our UK immigration appeal lawyers on 0203 617 9173 or complete our enquiry form below.

Immigration Appeal Fees

Where an appeal fee is applicable, for a paper immigration appeal it will cost £80 and for an oral hearing, £140. You will want to consider whether you wish for a Judge to hear evidence from you and other witnesses, as well as oral arguments from your representative.

It might be possible to get help with court fees and there are exemptions. There is no applicable fee if an appeal relates to a decision to deprive British citizenship, a decision to remove an EEA national pursuant to the EEA Regulations, the revocation of protection status or where an appellant is detained and has received a decision by the Detained Asylum Casework team (DAC or DIA) at the Home Office.

Further, there is no fee if you are provided with Asylum Support Funding, are in receipt of Legal Aid or you are the person (or someone with parental responsibility for the person) for whose benefit services or accommodation are provided by a local authority in certain circumstances.

Finally, there is no immigration appeal fee if the Home Office has waived your fee for the application that the refusal notice you are appealing relates to, in certain circumstances.

If you receive certain benefits or have limited savings or are on a low income you may be eligible to apply for help with your court fees.

Please note that a refusal letter may contain more than one decision. If so, a fee may be due notwithstanding that one of the decisions does not require a fee to be appealed. This is usually the case, for instance, where there is a decision to deport an EEA national under the EEA regulations and a refusal of a human rights claim included in one decision letter.

If your immigration appeal is allowed you can ask the Judge to consider a fee award or the Judge may consider this of their own volition. This will depend on whether the evidence and points have been raised properly and adequately thus giving the Respondent the opportunity to consider all matters properly.

Immigration Status During a Pending Immigration Appeal

If your leave to enter or remain is extended pursuant to section 3C Immigration Act 1971, examined in an earlier article , a refusal does not necessarily bring that leave to an end. Appealing in time, in those circumstances, results in the continuation of leave extended by section 3C. If the deadline to appeal has passed, leave extended by section 3C will come to an end. As such, it is very important to check and ensure deadlines are met. Section 3C will only revive if an extension of time to bring an out-of-time appeal is granted by the Tribunal, but only from the point permission was granted.

Fresh Application or Immigration Appeal?

Depending on the basis for the refusal, it may be possible to consider making a further application as well as appealing, or as an alternative. Whether this is possible will depend on the individual circumstances and whether there is extant leave or other options available. You may wish to seek specialist advice in relation to your position.

It is not possible to make a further application if your application has been refused, an appeal (or administrative review application) has been brought against that refusal and your leave is extended by virtue of section 3C. However, the Home Office guidance allows for the making of a protection or human rights claim in these circumstances.

What if I Leave the UK Whilst my Immigration Appeal is Pending?

If you wish to leave the UK whilst your immigration appeal, brought within the UK, is pending, you will need to consider your position carefully as this will result in the appeal being treated as abandoned..

If your leave is extended by virtue of section 3C of the 1971 Act, leaving the UK will also bring that leave to an end.

You may wish to consult an experienced immigration appeal lawyer before deciding to leave the UK while an appeal is pending.

Can I Enter the UK Whilst my Immigration Appeal is Pending?

Where an individual brings an appeal against a refusal of entry clearance from outside the UK, there is nothing preventing them from continuing the appeal from within the UK, for instance in order to give evidence at their appeal. An appellant might consider applying for a visit visa for that purpose or, if a non-visa national, applying for leave to enter as a visitor at the border.

However, given the recent refusal of entry clearance under appeal, the intention of the individual in applying to enter as a visitor may be questioned and the matter would have to be addressed accordingly.

Our immigration appeal lawyers can advise on the possibility of entering the UK as a visitor while an immigration appeal is pending.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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How to challenge a visit visa refusal by Judicial Review

The largest category of entry clearance visas granted are visit visas issued to those who want to visit the UK. We are receiving an increasing number of enquiries from those who have been refused a visit visa and want advice on how to challenge this .

There are few mandatory documents required as part of the application and broad discretion afforded to entry clearance officers (‘ECOs’). This means that visit visa refusal decisions are often poorly reasoned, fail to engage with the evidence, suffer from factual errors or are wrong in law.

There are three options available if this happens: (1) re-apply (2) appeal, or (3) pursue a Judicial Review.

Why pursue a Judicial Review?

If all available supporting evidence was provided with the application and you do not agree with the concerns raised by the ECO in the refusal decision, making a new application may be inappropriate. The refusal decision will be taken as a starting point for any new application, and an ECO is likely to refuse a new application on the same basis if they do not consider their concerns to have been addressed.  

Since July 2013, there has only been a right of appeal for a visit visa application to the First-tier Tribunal on human rights grounds. Not all visit visa applications engage human rights. The Home Office guidance on considering human rights claims from visitors sets out limited circumstances in which it considers human rights to be engaged. The issue will only be considered by a judge upon lodging an appeal, following which a judge may decide after months of waiting that human rights are not engaged, and there is therefore no jurisdiction to hear an appeal.

Where a new application or an appeal are unsuitable, pursuing a Judicial Review may be appropriate.

Judicial Review Process

Judicial review can only be pursued where there is no adequate alternative remedy. It is a challenge to the lawfulness of the decision made, whereby a judge will consider whether the law has been correctly applied and the right procedures have been followed. As it is not a review of the substantive merits of the application, no further evidence can be submitted at this stage. A judicial review application must be lodged within 3 months of the refusal decision.

Grounds for challenging a visit visa refusal

When considering whether there are arguable grounds that the decision was unlawful, the following matters may be relevant:

• Has the ECO correctly applied the relevant law as set out at Appendix V of the Immigration Rules?
• Is the decision in accordance with the Home Office published policy on visitors?
• Has the ECO taken into account all material considerations/ evidence?
• Has the ECO taken into account immaterial considerations?
• Has the ECO made a factual error?
• Has the ECO provided sufficient reasons to enable you to effectively challenge the refusal decision or to reapply?
• Is the decision Wednesbury unreasonable, i.e. so unreasonable that no reasonable decision-maker, acting reasonably, could have made the decision?

Pre-action Protocol on Judicial Review

Prior to lodging a Judicial Review application, a ‘ letter before claim ’ should be sent to the Home Office, setting out the grounds for challenging the decision and giving the Home Office a chance to reconsider their own decision.  The grounds will be reviewed by an Entry Clearance Manager who may overturn the decision of the ECO. The Home Office should be given a minimum of 14 days to respond. The service of this letter could be sufficient to cause the Home Office to overturn their decision.

If, however, the decision is maintained, or there is no response to the letter, you can then lodge a Judicial Review claim in the Upper Tribunal.  This will cause your application to be reviewed by the Government Legal Department. If the decision is maintained, the case will be considered by a judge.  

Contact our Immigration Barristers

For information or advice about challenging a visit visa refusal, contact our immigration barristers on 0203 617 9173 or via our enquiry form.

SEE HOW OUR IMMIGRATION BARRISTERS CAN HELP YOU

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UK Visitor Visa Refusal Reasons and What to Do

By Amar Ali, Immigration Solicitor

If your UK visitor visa is refused by the Home Office you will receive a letter or email explaining the reason for the decision. There are several reasons why your visitor visa may have been refused, as we will explore in this article. Thankfully, by taking early and appropriate action, it is possible to overcome a UK visitor visa refusal, allowing you to come to the UK.

What to do if your UK Visitor visa is refused

If your visitor visa has been refused, it is important to check the reasons of refusal. You may have a range of possible options available based on the refusal reasons, such as:

• UK visitor visa refusal appeal

Judicial review

Reapplying for a uk visitor visa.

• Applying for a different visa

Can you appeal a visitor visa refusal?

In most cases, you will only have the right to appeal a visitor visa refusal UK on human rights grounds under Article 8 of the European Convention on Human Rights (the right to respect for private and family life). To appeal, you will need to make a strong case that your intended visit should be approved because it invokes your human rights. Unfortunately, in many cases, appeal judges will simply decide that you do not have the right to appeal on human rights grounds. To make this assessment, they will look at whether:

• Your visit visa application states that it is a human rights claim
• Your human rights claim is implied or explicit
• You have a human rights case, and
• Your human rights claim has any real prospect of success.

If you didn’t make it clear that your visitor visa application was human rights related, there is a strong chance your appeal may be rejected.

If the decision to refuse your visitor visa was unlawful, you may be able to request a judicial review of your case. A judicial review may be an option if the refusal of your visitor visa was illegal, unreasonable, due to procedural impropriety and unfairness, or it breached the Human Rights Act 1998 or EU law.

However, in reality, bringing a judicial review for a visitor visa is not recommended in most cases. Judicial reviews involve a complex and lengthy legal process and, as such, should only ever be considered as a last resort.

It is often faster, cheaper, and easier to simply prepare and submit a new visitor visa application. This is especially so if you made innocent mistakes on your UK visa application or did not provide the necessary information in your original visitor application, which led to the refusal. On the other hand, if the reasons for a UK visitor visa refusal suggest that you are not eligible for this visa type, reapplying is not likely to lead to a different result.

Apply for a different visa

If you did not make any errors in your visitor visa application and there is no way around the reasons for your refusal, you may be able to apply for different UK visa types instead.

If you plan to come to the UK for a short stay, you may be able to consider visas such as the Paid Permitted Engagement visa or Youth Mobility Visa . If you would like to come to the UK for a longer stay, you may be able to apply for a UK work visa (e.g. the Skilled Worker visa ) or a family visa to join your partner or spouse in the UK. Depending on which visa you apply for, you may be able to extend your stay and even gain UK residency after a qualifying period (normally 5 years).

Common reasons for visitor visa refusal

Visitor visas may be refused for a wide range of reasons, including where the Home Office believes that you:

• Are not a genuine visitor
• Do not meet the suitability requirements
• Do not meet sufficient funds or accommodation

Genuine visitor

Permitted reasons to come to the UK on a visitor visa include tourism, visiting friends or family, volunteering for a charity, attending an interview, studying, or medical treatment.

The Home Office will refuse your visitor visa application if they reason to believe you are not a genuine visitor. This will be the case if they believe you will stay unlawfully in the UK beyond the expiry of your visa, you are not coming to the UK for a permitted reason, or you will use a visitor visa as a way of living in the UK.

When assessing if you are a genuine visitor, the Home Office may look at:

• Your personal circumstances, including your immigration history
• Whether you have family or economic ties in your home country
• The reasons you have given for your stay, and
• Whether there are differences between what you stated in your application and any statement made by your sponsor.

Suitability requirements

The Home Office may refuse your visitor visa application on suitability grounds if you:

• Have been deported from the UK in the past
• Have been sentenced to prison – whether you are refused will depend on the nature of the crime, duration of the sentence, when you finished serving the sentence, and whether you are a persistent offender
• Have been involved in a sham marriage in the past
• Have provided false information and/or documents to the Home Office in the past
• Did not provide adequate information
• Owe debts of £500 or more to the NHS

Sufficient funds or accommodation

Your visitor visa application may also be refused if you do not have sufficient funds to support yourself during your stay or have suitable accommodation. Where necessary, you can ask family members, friends, and others with who you have a genuine personal or professional relationship to support you during your stay.

How can Reiss Edwards help?

Reiss Edwards is a leading immigration law firm based in Central London. Our immigration lawyers specialise in assisting visitors coming to the UK, whether for tourism, to visit friends or family, for medical treatment, or any other permitted person. Our team of immigration solicitors can help you with:

• Checking if you are eligible for a UK visitor visa
• Checking if you have any other UK visa options available
• Advising how to overcome any difficulties with your UK visitor visa
• Applying for your short or long-term visitor visa on your behalf and of your family members
• Dealing with any questions or requests for additional information from the Home Office
• Overcoming a refusal of your visitor visa

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Getting a visitor visa for family and friends

This advice applies to England. See advice for See advice for Northern Ireland , See advice for Scotland , See advice for Wales

Your friend or family member can apply for a visitor visa so they can visit you in the UK. Visitor visas are usually for up to 6 months.

Bringing your partner to the UK to get married or register a civil partnership

Your partner can’t use a standard visitor visa to come to the UK to get married or register a civil partnership.

If you and your partner want to live in the UK after you get married or register a civil partnership, check if they can apply for a partner visa .

If you and your partner don’t want to stay in the UK together, your partner can come to the UK on a marriage visitor visa. This means they’ll have to leave the UK within 6 months. Check how to get a marriage visitor visa on GOV.UK .

Check if your visitor needs a visa

You’ll need to check if they need a visitor visa on GOV.UK if you don’t already know - it depends on their nationality.

If your visitor doesn't need a visa, they might need to get an electronic travel authorisation (ETA) before they travel to the UK. You can check if your visitor needs an ETA on GOV.UK .

Some visitors can scan their own passport at an ‘eGate’ instead of speaking to an immigration officer. Check who can use the eGates on GOV.UK .

If they can't use an eGate, they should still be prepared to explain why they’re visiting when they get to the border. If the Border Force thinks they might try to stay longer, they can refuse them entry

If you’re helping your visitor apply for a visitor visa

They’ll have to apply online .

Make sure your visitor puts their information in where it asks for the applicant’s details .

After you fill in the form, the visitor will need to have their fingerprints and photograph taken at a visa application centre. Check where their nearest visa application centre is  before you apply, because it might be in a different country.

The online form asks you some questions to get to the visa you need. 

If you need more support with your application 

You should consider getting specialist advice if you’re unsure about the application. It might cost you money but it can save you time and hassle. Your local Citizens Advice can either help you or let you know where to get expert advice.

Documents you’ll need to include

You’ll need to include documents that support their application when you send it off. The online form will give you guidance on what to include, but here are some things to keep in mind.

If your documents aren’t in English or Welsh, you’ll need to provide certified English translations of your documents with the originals. Each translation has to include:

confirmation from the translator that it’s an accurate translation of the original

the date of the translation

the translator's full name and signature

the translator's contact details

Prove they’ll be returning to their country after their visit

You could show proof your visitor has a job or studies to go back to in their home country. You can also show they have family who depend on them in their home country.

Prove there’s enough money for the trip

You’ll have to provide evidence to show that the visitor’s trip can be afforded, whether it’s being paid for by them or by you. 

If the visitor is paying for themselves, they’ll have to include documents proving that they can afford it, for example bank statements or payslips.

If you’re paying for their visit (eg for their flights and accommodation), you’ll need to prove that you can afford the visitor’s trip as well as your own costs - for example your rent, mortgage and general expenses.

an estimate of how much the trip will cost - this needs to be as accurate as possible

proof of your income and where you work, for example payslips or an employment contract

proof that you have enough money to pay for the visitor’s stay, for example recent bank statements

proof that you’re in the UK legally, for example a copy of your passport or visa

Prove you have a genuine relationship

You’ll have to show how you’re connected to the person visiting you.

If the person visiting you is a friend, boyfriend or girlfriend, you might need to give stronger proof they’ll be returning to their country after their visit.

If your visa is refused

You can read the government’s guidance on reasons for refusing visas on GOV.UK, if you're concerned the visa you're applying for might be refused.

You can’t usually appeal if the visitor visa is refused. It's quicker and easier to apply again. Make sure you deal with the reasons your first application was refused.

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If your UK visa application has been refused and you think the visa refusal is unlawful, then you may be able to appeal against a visa or immigration decision.

If your visa application is refused, you will receive a letter explaining the reasons for the refusal, and you may have the option to appeal or reapply, depending on your circumstances.

Book an appointment with our immigration solicitors to discuss your UK visa refusal letter, the appeal process, the costs involved, and other options.

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How to challenge a UK visa refusal?

11 reasons why your visa may have been refused, uk visa appeal timeline, uk visa appeal processing time, how can we help if your uk visa application has been refused.

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If your visa application is refused, you have several options to challenge the decision, including pursuing an Administrative Review or a Judicial Review.

• Administrative Review (AR)
• Judicial Review (JR)
• Pre-Action Protocol (PAP)
• UK Spouse Visa Refusal
• UK Fiance Visa Refusal
• UK Skilled Worker Visa Refusal
• UK Health and Care Worker Visa Refusal
• Parent of a British Child Visa Refusal
• UK Visit Visa Refusal
• Indefinite Leave to Remain (ILR) Refusal

Visa refusals in the UK can occur for a variety of reasons. It's important to note that the specific grounds for refusal may vary depending on the type of visa you're applying for (e.g., tourist visa, student visa, work visa) and the circumstances of your application. However, common reasons for a UK visa refusal include:

• Inadequate Supporting Documents
• Insufficient Funds
• Failure to Meet Eligibility Criteria
• Immigration History
• Criminal Record
• False Information
• Health Concerns
• Travel History
• Inadequate Purpose of Visit
• Tie to Home Country
• English Language Proficiency

1. Inadequate Supporting Documents

Failing to provide the required supporting documents or submitting incomplete, inaccurate, or forged documents can lead to a visa refusal. This may include financial statements, sponsorship letters, travel itineraries, or accommodation details.

2. Insufficient Funds

If you cannot demonstrate that you have enough financial resources to cover your trip or to meet the maintenance and accommodation requirements for the visa category you are applying for, your application may be refused.

3. Failure to Meet Eligibility Criteria

You must meet specific eligibility criteria for the type of visa you are applying for. For example, if you're applying for a student visa, you should have an acceptance letter from a recognised institution, and for a work visa, you should have a valid job offer. Failure to meet these criteria can result in a refusal.

4. Immigration History

A history of immigration violations, overstaying a previous visa, or being deported from the UK or another country can negatively impact your application.

5. Criminal Record

If you have a criminal record, especially for serious offences, it may lead to a visa refusal. The UK authorities take the character and criminal history of applicants into account.

6. False Information

Providing false information on your application or during an interview, or attempting to deceive the authorities in any way, can result in refusal and potential bans on future visa applications.

7. Health Concerns

If you have a contagious disease that poses a public health risk or if you cannot demonstrate that you have comprehensive health insurance, your visa application may be refused.

8. Travel History

A lack of consistent travel history or previous refusals for visas in the UK or other countries may raise suspicions and lead to a visa refusal.

9. Inadequate Purpose of Visit

Failing to provide a clear and legitimate reason for your visit to the UK can result in a visa refusal. Your intent should match the visa category you're applying for.

10. Tie to Home Country

To obtain a visa, you generally need to demonstrate strong ties to your home country, such as family, employment, property, or other connections. If the authorities believe you are likely to overstay or not return to your home country, your application may be refused.

11. English Language Proficiency

Depending on the type of visa, you may be required to demonstrate a certain level of English language proficiency, and failure to do so can result in refusal.

It's crucial to carefully review the visa requirements for your specific situation, provide all necessary documents, and be honest and accurate in your application.

If you are outside the UK, you will have 28 days after you get your decision to appeal against the refusal of your visa application. You will have 14 days if you are inside the UK.

Usually, the UK visa appeal process takes between 6 and 12 months depending on the complexity of the matter.

Our team of highly experienced immigration solicitors based in London have a very high success rate with a proven track record of successfully appealing against unlawful decisions made by the Home Office UKVI.

• Our immigration solicitors will review your visa refusal letter and discuss the reasons for the refusal in detail.
• We will assess the merits of the case and advise you about on what grounds you can appeal.
• We will prepare grounds of appeal and detailed witness statements.
• We will advise about the required supporting documents.
• We will give you realistic, honest advice about the chances of success.
• We will advise the court procedures and the appeal processing time.
• We will advise you about the legal costs involved.
• We will carry out all the legal work until the decision of your appeal is received from the court.

Contact our immigration solicitors in Wembley, London on 0203 417 3700 or fill in the enquiry form for immediate legal advice & assistance with an appeal against unlawful refusal.

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Contact our solicitor today to get legal advice and assistance with your UK immigration matters. You can call us on 02034173700 or leave your details here for a callback request regarding your legal matter.

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What’s Next if Your UK Visitor Visa Was Refused?

If your Visit Visa is refused, there are steps you can take to reverse the decision. Visit Visas are refused for multiple reasons. Underlying these is the need for the Home Office to be assured that you will return to your home country after your visit. If your Visit Visa is refused, you have three options – reapply, appeal or Judicial Review. Getting legal advice is essential – picking the wrong remedy could lead to the high cost and further refusals.

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Success story on uk visitor visa refused.

Visitor Visa Refused, Pre-Action Protocol Letter Submitted Leads to the Grant of Visa

Mr M, along with his wife and his son applied from India for visitor visas to visit the UK, his brother and family who are all settled here. The family of three also wanted to take this opportunity to explore the places of attraction in the UK and experience the culture of the country where…

A Y & J Solicitors’ Review

As any business will know, having their sponsor licence suspended is a major setback and unnecessary stress for both migrant workers as well as licence holders, and hence when ours was suspended we faced uncertainty until we came across Yash Dubal’s A Y & J Solicitors who were just brilliant right from the very first phone call. Yash introduced us to Diana Todirica – Senior Immigration case worker and we felt as if she had just lifted a whole load of weight from our shoulders, leaving us time to concentrate on other pressing matters, we felt reassured with both Yash and Diana’s straight forward approach, never giving any false hope, but comforting and reassuring us all along with their professionalism, expertise and knowledge. Diana guided us tirelessly, working out of hours, paying attention to detail and never accepting anything without evidence as she knew very well what was asked and required having dealt with numerous cases for successful reinstatement. I would recommend Yash and Diana without any hesitation and go as far as saying it would be the best investment that anybody could make in procuring a first class, unique bespoke legal advise that one can possibly make and obtain.

I was most impressed with the service provided by A Y & J Solicitors – from all the people with whom I had dealings. They dealt with my partner’s matter (challenging the refusal of a tourist visa to the UK by way of a Pre Action Protocol Letter prior to Judicial Review Proceedings) in a timely and professional manner. I got the impression that the lawyers who dealt with my case – Ms. Flanagan and Ms. Todirica – were both very competent and well experienced in their field of specialization, Immigration Law). I do not say this lightly as I am an unregistered barrister who well knows that not all lawyers exhibit the professional competence the general public would imagine (or could rightly expect). I would not hesitate to recommend AY&J Solicitors or to use them again.

AY & J solicitors are highly professional and experience solicitors, especially yash and sok who look after my application and visa has been granted. Highly recommend solicitor, excellent job, thank you very much.

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UK Visa Refusal With No Right Of Appeal — What to Do

Once you have made an application for a  UK Visa , the decision of your eligibility will be made by the Home Office. For some applicants, the process is swift and they obtain their visa approval quickly.

However, visa refusals do occur, and they sometimes come with no right to appeal.

We can help give you when your UK visa application has been rejected. To get advice on your personal situation, call IAS on  0333 305 9375 .

Request a call back from our immigration experts

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What are the benefits of choosing IAS’ Advice Package?

Our Advice Package is the ideal option if you are looking for expert immigration legal advice. With this service, you will have an untimed one-on-one session with one of our immigration lawyers.

Your immigration lawyer will consider your case and offer bespoke advice, and they will advise you on the optimum route to take to achieve your desired result.

During your untimed advice session, you will be able to discuss your case and get detailed information about your options to proceed with your case. We will:

Review your situation and explore your opportunities to get your desired immigration results.

Advice on the most appropriate documentary evidence required to support your case.

Discuss the requirements that you need to meet to qualify for your visa.

Outline the expected time frames to process your application.

Services we Provide

Need help with an immigration issue? Book a one-to-one advice session with one of our legal caseworkers.

We can complete your visa application on your behalf, taking the stress and hassle out of the process.

Need to submit an application quickly? We can help you complete and send it off in as little as 24 hours.

Ensure you have the greatest chance of a successful appeal with our legal support and guidance.

What is a Visa Refusal With No Right Of Appeal?

When an individual applies for a UK visa, there is a possibility that their application will be rejected. In most immigration cases, it is possible to appeal this and the initial decision can be overturned.

However, sometimes, UK visa applicants are told that they do not have the right to appeal their visa decision.

What are the General Grounds For Visa Refusal?

Visas can be refused for a variety of reasons. Some potential reasons for rejection include:

• Staying in the UK on an expired visa
• Staging a relationship to try to stay in the country
• Not having a reliable income, or not having sufficient savings
• Having unspent criminal convictions
• Being unable to provide the requested documents by the Home Office
• Submitting an inaccurate UK visa application
• Being banned from the UK

In some of these situations, the client can appeal the visa refusal, and there is a chance that their application will be accepted at the end of this process. However, sometimes, appeals are not possible, and this is what we call visa refusal with no right of appeal.

Why Do Visa Rejections Sometimes Come With No Right to Appeal?

Visa rejections with no right to appeal occur for different reasons. Some visa types are simply not compatible with appeals. For example,  Visitor Visa  applicants cannot appeal a refusal letter, so they must instead reapply for the Visitor Visa (or for another visa) after a Visit Visa refusal.

In other situations, appeals are permitted, but they may not be the most efficient way for the applicant to establish the right to live in the UK. For example, if an individual has been rejected for a  Spouse Visa , it can take a long time for this to be appealed, so they may find it quicker to reapply instead – shortening the time they are away from their loved ones.

Contact us today on number for immediate advice and assistance with your visa refusal case.

What are the Options For Someone With a Visa Refusal Letter?

When a UK visa application is rejected, it is always recommended to involve a professional immigration lawyer. They are trained in identifying the possible next steps or actions, which include:

Requesting an administrative review of the decision

If there is reason to believe the Home Office made an error when processing the initial visa application then this could be the right option.  For example, if the Home Office ruled out an application for an irrelevant reason (e.g., they believed the individual has unspent criminal convictions even this was not true).

Occasionally, the Home Office makes a mistake that threatens the applicant’s human rights. In this instance, the individual can appeal the visa rejection to the First-tier tribunal. Again, it is advised to reach out to an immigration lawyer to do this, as they will be able to complete the process efficiently.

It is rare that individuals can appeal their application in this way, but they are permitted to do so if they have had any of the following revoked by the Home Office:

• British citizenship
• Frontier Worker Permit
• Protection status
• Humanitarian protection claim or asylum claim
• EUSS family permit
• S2 Healthcare Visitor visa
• A human rights claim

When an  administrative review  of a visa refusal is requested, it is sometimes possible for the applicant to submit additional evidence to help their case. This is particularly useful if they missed out key information in their first application that may have helped a different decision to be made.

Requesting a judicial review

It is also unlikely that a  Judicial Review  will be permitted. However, it can be carried out in circumstances involving immigration rules (laws) not being followed by the Home Office.

No new evidence can be submitted for a Judicial Review, so there is a greater risk that the decision of the Home Office will not change, particularly if there was an issue with insufficient evidence.

Judicial Reviews are a costly option and therefore, you should seek advice from an immigration specialist before making a decision to go forward with a review.

However, there are incidents where a Judicial Review has resulted in a visa decision being reversed.

What to Do When There is No Right to Appeal?

Visa applicants can be informed that they do not have the right to appeal their application, which is more likely to be the case if the application was for a short-term visa. When this happens, the options are:

Reapplying for the same visa

If the reason for rejection is something that can be modified, it is can be most sensible to reapply for the same visa. For example, if certain documents were missed and the second application would include all of the supporting documents.

However, some reasons for rejections may still be relevant when the applicant submits an application a second time. For example, if their relationship is believed to be false, reapplying will not change the stance of the Home Office, unless additional evidence is provided that demonstrates the relationship was infact genuine.

Applying for a different visa

Applying for a different kind of visa may be a more favourable option, especially if the refusal was based on not meeting the correct criteria.

It is important to remember that the process of applying for the new visa may not be the same as the visa that has been refused.

IAS can give advice on visa suitability, cost and the process of applying for a UK Visa. Call us on  0333 305 9375  to check you are make the correct application.

Get in touch with our expert immigration lawyers to receive assistance if you’ve had a visa refused.

How Can I Improve My Chances Of Getting a UK Visa After Refusal?

The most important thing to do is to find out the reason for the rejection, and whether this is something that can be resolved in the future. If it is something permanent, the next step will be to consider a different  type of UK visa .

However, there are circumstances in which clients can make changes in their life that boost their chances of a visa approval. Here are some examples:

• Establishing a consistent income, or boosting savings
• Resolving errors in the initial visa application
• Ensuring the translation of the visa application is accurate
• Gathering all of the requested documents for the application
• Providing further evidence of stable family life
• Working with an immigration lawyer

For help with visa documents, including documentation checking, get in touch with IAS on  0333 305 9375 .

How Can IAS Help?

At IAS, we have a wealth of immigration lawyers who are trained in immigration rules, including visa refusals. If you contact us, we will connect you with a lawyer who can advise you on whether you are permitted to appeal your visa rejection, what your other options are, and how you can maximise your chances of remaining in the UK.

Call us on  0333 305 9375  and we will take immediate action on your UK visa rejection.

We offer immigration advice sessions as face to face appointments at all of our UK offices, or via the phone.

Table of Contents

Frequently Asked Questions

Who can appeal a visa refusal.

Immigration advisers and solicitors can appeal visa refusals on behalf of their clients. Most professionals will appeal online, as paper appeals are only permitted when the client is in detention.

Some UK visa applicants choose to represent themselves instead of involving a professional. This is often a more affordable route, but it can lead to complications, as immigration lawyers can predict potential problems and prevent them from occurring, whereas an untrained individual may not be able to spot these issues ahead of time – meaning the whole process can be costly, lengthy and an unsatisfactory result

How Much Does it Cost to Appeal a Visa Refusal?

If the appeal has been made with the First-ter Tribunal then it costs £80 to appeal a visa refusal without an appeal hearing and £140 if a hearing is deemed necessary.

When a client is entitled to legal aid, they do not have to pay these fees or may be able to have the fees reduced. There are also other exemptions that remove the need to may the fee but it is dependent on the reasons for the appeal.

How soon can I reapply for UK visa after refusal?

As soon as the visa application is rejected, the applicant can make a start on submitting their new forms. The letter detailing the reasons for refusal will also give guidance on the timeline for appealing.  In most cases, if you planning to represent yourself at appeal you will have 28 days. It is possible to appeal after the deadline but you will need to show reasons for the delay

How long does it take to get a UK visa after an appeal?

The length of time between appealing a visa rejection and getting a new visa is unpredictable, as it is different for every case. However, it is recommended to plan to wait up to a year for the new visa, as this takes into account average waiting times and common delays.

What are the chances of getting a UK visa after refusal?

This depends on the reason for rejection. Generally, it is less likely that an applicant will be granted a UK visa if their first application was rejected. However, this does not mean it is impossible.

If the second application does not contain errors, and meets all the requirements, there is a good chance that the individual will obtain a UK visa.

What happens after an unsuccessful appeal?

If a UK visa appeal is rejected, the client has the same options as someone who has no right to appeal. They can either apply again for the same visa, or make an application for a different visa with different eligibility criteria.If a UK visa appeal is rejected, the client has the same options as someone who has no right to appeal. They can either apply again for the same visa, or make an application for a different visa with different eligibility criteria.

Get in Touch

Immigration Advice Service Ashwood House, Ellen Street Oldham, OL9 6QR

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Make Prince Harry’s visa application public, campaigners demand amid ‘drug-use’ lawsuit

An ambassador for joe biden said he’d never deport prince harry amid a review of his visa, article bookmarked.

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Campaigners are demanding Prince Harry ’s US visa application be made public after Joe Biden’s advisor asserted that the current president would under no circumstances deport the prince.

The comments were made by ambassador Jane Hartley in response to former president, Donald Trump , who said that if reelected he would treat Harry like any other citizen should it emerge that he has broken the law .

Prince Harry’s visa application is currently being reviewed in private after the Duke of Sussex admitted to doing drugs in his 2023 memoir, Spare .

This was picked up on by various readers, who noted that in order to apply for a US visa, a person must answer questions about their prior drug use.

The think tank group The Heritage Foundation subsequently launched a lawsuit to ascertain whether or not Harry lied on his application.

The Department of Homeland Security (DHS) refused to make the documents public when they were first requested last June, stating that there was no “public interest in disclosure sufficient to override the subject’s privacy interests”.

The Heritage Foundation, however, now believes that disclosure is now very much in the public interest.

“Ambassador Hartley’s statements dramatically enhance the already compelling public interest in disclosure,” they said, describing the claim as “extraordinary”.

The think tank group claims that the DHS said “none of the information that we have can be released without acknowledging what Prince Harry’s immigration status is or tipping our hand as to what it is.”

Nile Gardiner, Director of the Heritage Foundation’s Margaret Thatcher Center for Freedom, said: “The US Ambassador to London’s arrogant remarks on Prince Harry are an extraordinary intervention by a senior US diplomat on an ongoing federal court case.

“The US Ambassador’s remarks clearly spoke directly not only to the Duke of Sussex’s current immigration status, but to Prince Harry’s future immigration status as well.

“The Biden Administration has gone to great lengths to protect Prince Harry, and has even ruled out the possible deportation of the Duke of Sussex if he lied on his U.S. immigration application and violated US immigration law.

“The Biden Administration has acted without transparency and accountability to the American people regarding the Heritage Foundation’s Freedom of Information request relating to Prince Harry’s US immigration application. They should release Harry’s immigration records to the American people.”

The duke, 39, recounted using various substances during his tumultuous youth in the book - citing one example of drug use as recently as 2016.

He wrote: “Psychedelics did me some good as well. I’d experimented with them over the years, for fun, but now I’d begun to use them therapeutically, medicinally. They didn’t simply allow me to escape reality for a while.

“They let me redefine reality. Under the influence of these substances, I was able to let go of rigid preconcepts, to see that there was another world beyond my heavily filtered senses, a world that was equally real and doubly beautiful - a world with no red mist.”

The Independent has approached reprsentatives for Prince Harry for comment.

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Right of appeal for family visit visas abolished

Removal of right of appeal for family visit visas will save more than £100 million over next decade.

The right of appeal for family visit visas has been abolished

The full right of appeal for applicants seeking entry to the UK as a family visitor has been removed.

From today (25 June, 2013), there will be no right of appeal against the refusal of a family visit visa application, unless the appeal is on human rights or race discrimination grounds.

Streamlined visa process

Immigration Minister Mark Harper said:

Family visitor appeals make up more than a third of all immigration appeals going through the system, with many applicants using it as an opportunity to submit information that should have been included in the first place. Removing the right of appeal will save £107 million over the next decade, making the process faster and cheaper for applicants and allowing officials to focus on more complex cases, such as asylum claims and foreign criminal deportations.

Faster decision making

Previously, the right of appeal was being used by applicants to submit further information to support their claim, instead of making a fresh application.

Under the new system, anyone refused a visit visa may reapply as many times as they like and can provide additional information in support of their application.

A decision will also be received much more quickly through this method – typically 15 days in comparison to the appeal route, which can take up to eight months.

With 46,000 visit visa appeals received last year alone, removing the burden of these appeals should allow visa staff to make decisions quicker and lead to an improved customer service.

Crime and Courts Act

These changes were brought in as part of the Crime and Courts Act, which received royal assent in April.

For more information on the changes to the family visitor visa, please visit the UKBA website .

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When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: May 2024

Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process . If you already have a petition filed or approved on your behalf, you may have to wait for an available visa in your category (if applicable) before you can file your Form I-485, Application to Register Permanent Residence or Adjust Status . This page will help you determine when to file your adjustment of status application.

When to File

Use the Visa Bulletin charts below to determine when to file your adjustment of status application.

To use the charts:

• Find your visa type in the first column (on the left) of the appropriate chart (Family-sponsored or Employment-based).
• Stay in that row and move directly to the right to find the corresponding date under the country of your birth (as listed in the boldface columns across the top).
• If the date on the chart is current (“C”), or your priority date is earlier than the date on the chart, you may file your adjustment of status application, if otherwise eligible to do so.
•  “U” means unauthorized; for example, numbers are not authorized for issuance.

Your priority date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS. If a labor certification is required to be filed with your immigrant visa petition, the priority date is the date the labor certification application was accepted for processing by the Department of Labor.

About the Visa Bulletin

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin . The Visa Bulletin indicates when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date.

On Nov. 20, 2014, the Secretary of Homeland Security directed USCIS to work with DOS to:

• Ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas, and
• Improve the Visa Bulletin system for determining when immigrant visas are available to applicants during the fiscal year.

Additionally, in July 2015, the Administration issued its report on Modernizing and Streamlining Our Legal Immigration System for the 21st Century (PDF) . This report included detailed recommendations to revise and update the monthly Visa Bulletin to better estimate immigrant visa availability and provide needed predictability to nonimmigrant workers seeking permanent residency.

USCIS, in coordination with DOS, revised the procedures for determining visa availability for applicants waiting to file for adjustment of status. The revised process will better align with procedures DOS uses for noncitizens who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

This revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand in determining the cut-off dates for the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates. Additional goals are outlined in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st Century (PDF) .

New Visa Bulletin Charts

The Visa Bulletin will now have two different charts because of the revised procedures. DOS will post two charts per visa preference category in the DOS Visa Bulletin. The charts are:

• Application Final Action Dates (dates when visas may finally be issued); and
• Dates for Filing Applications (earliest dates when applicants may be able to apply).

When USCIS determines there are immigrant visas available for the filing of additional adjustment of status applications, the Dates for Filing Applications chart may be used to determine when to file an adjustment of status application with USCIS. Otherwise, the Application Final Action Dates chart must be used to determine when to file an adjustment of status application with USCIS.

In coordination with the DOS, USCIS will monitor visa numbers each month and post the relevant chart on this page under When to File.

Determining Visa Availability

USCIS considers several factors to determine if there is a greater supply of visas than the demand for those visas. To determine visa availability, USCIS will compare the number of visas available for the remainder of the fiscal year with:

• Documentarily qualified visa applications reported by DOS;
• Pending adjustment of status applications reported by USCIS; and
• Historical drop off rate of applicants for adjustment of status (for example, denials, withdrawals and abandonments)

Accessibility Links

Prince Harry visa row grows after US ambassador’s ‘Biden guarantee’

Pressure is growing on the US government to release Prince Harry’s visa records after campaigners criticised an intervention by its ambassador to Britain.

In his memoir Spare , the Duke of Sussex, 39, admitted taking cocaine, marijuana and magic mushrooms. He has faced questions regarding how he was able to move to the United States, where a visa application is often blocked if an applicant has admitted to taking illegal drugs.

Jane Hartley, the US ambassador to the UK , told Sky News last month that the US government would not deport the prince, who moved to California with his wife Meghan Markle in 2020, saying: “It’s not going to happen in the Biden administration.”

The Heritage Foundation, a conservative think tank based in Washington,

Related articles

Blog The Education Hub

https://educationhub.blog.gov.uk/2024/04/09/primary-school-offer-day-2023-everything-you-need-to-know/

Primary school offer day 2024: Everything you need to know

Parents of three and four-year-olds will soon find out what primary school has offered their child a place for the next academic year.  

The majority of pupils will be offered a place at one of their preferred primary schools, while most will be offered their top choice.   

Here, we explain everything you need to know about primary school offer day, from when you can expect to find out, to how to appeal a decision.  

When is primary school offer day and what time are school places released?   

Parents will find out which primary school has offered their child a place for September 2024 on  Tuesday 16 April.

The decision will be sent by the local council by either letter or email. Some councils allow parents to view their results through the admissions portal or system. Exactly what time the offers will be released varies by council.

How likely am I to get my first-choice primary school?  

We want parents to feel reassured when it comes to getting one of their top choice primary schools.

In 2023, 92.5% of families received an offer from their first choice of primary school and 98.3% received an offer from one of their top three choices.

At the same time, over 1 million additional school places have been created between May 2010 and May 2023, with many more in the pipeline.

What happens after I receive an offer of a school place?  

A parent or carer must formally accept the offer by the given deadline. This is usually set through the local authority’s admissions portal or system. You’ll receive details of next steps with the offer.  

Can I appeal a primary school placement decision?  

If you’re not offered your first-choice school, you can appeal the decision . However, even if you're appealing a decision, we recommend accepting the offer your child did receive so that they have a school place if the appeal is unsuccessful. Accepting another offer won’t affect your appeal or limit other options available to you.  

Parents or carers who want to appeal a decision should first contact the school’s admission authority, which is responsible for organising the appeal panel. Parents and carers can find their school’s admission authority by visiting their local council website:  Find your local council - GOV.UK (www.gov.uk) .  

The panel is independent and will look at the case presented by both the admission authority and the parent before coming to a decision.  

The decision of the appeal panel is binding – if the appeal is upheld, the admission authority must offer your child a place at the school.  

Admission authorities and appeal panels must comply with the statutory School Admission Appeals Code, which is available  here . Guidance for parents on the admission appeals process can also be found  here .  

How are primary school places decided?  

All schools have admission criteria to decide which children get places. This criteria is set by the school or local council.  

While all state-funded schools must give top priority to admitting children who are in care or have been in care, admission criteria is  different for each school. They may choose to give priority to children:  

• who live close to the school  
• who have a brother or sister at the school already  
• from a particular religion (for faith schools)  
• who are eligible for the pupil premium   
• whose parent has worked at the school for two years or more  

Your  local council  can give you information about a school’s criteria.  

Why has my child not been offered a place at one of their preferred schools?  

Some schools will receive more applications than places it has available and unfortunately not every parent will be successful. Priority must be given to those who most closely meet the school’s specific admission arrangements.  

If the local authority is unable to offer a place at one of the parents’ preferred schools, it must offer a place at another school.  

In the unlikely event that a parent does not receive an offer of a place on 17 April, parents should contact their local authority for further advice.  

Can I join a waiting list for my top-choice primary school?  

You can add your child’s name to the waiting list for any school that you’ve applied for. You should still accept the offer you received and this won’t affect where you stand in the waiting list.  

Schools must keep a waiting list for at least one term. The waiting list will be ordered by the school’s oversubscription criteria.   

In some areas, your child will be automatically added to the waiting lists of the schools you ranked more highly. In others, you must ask to be put on the waiting list. Check the school admissions section of your local authority website to find out how it works in your area.  

You may also be interested in:

• Can I appeal a primary school offer
• How we are growing our 30 hours free childcare offer
• Everything you need to know about childcare support

Tags: free school places , National Offer Day , national offer day 2023 , primary school , primary school offer day , primary schools , school admissions , schools , when is primary school offer day

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