You might be able to ask for the decision on your visa or immigration application to be reviewed if you applied in the UK.
This is known as a ‘reconsideration request’. It isn’t a formal appeal or an administrative review. You can’t ask for a reconsideration if you have a right to an appeal or a review.
When you can make a reconsideration request
You can make a reconsideration request if you believe immigration rules or policies weren’t followed correctly when the decision was made.
You must be in the UK to make the request.
You can only make a request if you applied in the UK to:
Transfer your visa to a biometric residence permit - known as a ‘transfer of conditions’ (TOC)
Transfer your indefinite leave to remain to a biometric residence permit - known as ‘no time limit’ (NTL)
Extend your leave, switch your visa or settle in the UK
You can make a request if your application for TOC, NTL or leave to remain was successful but you believe the type, or the expiry date of the leave is wrong.
You can also make a request if your TOC or NTL application was refused and you have any of the following:
New evidence about the date of the application
New evidence to prove that your documents were authentic
Evidence that information received by UK Visas and Immigration (UKVI) before the decision date was not available to the team who made the decision
These are the only kinds of new evidence that you can use. You can’t make a request if it relates to any other sort of new evidence that wasn’t received by UKVI before the decision date.
When you can’t make a reconsideration request
You can’t make a reconsideration request if you have a right of appeal or right to an administrative review against the decision.
Your decision letter will usually tell you if you have either of these rights.
When your request will be rejected
Your reconsideration request will be rejected if you:
Make a new application before or after you send the request
Have since been given permission to stay in another visa category
Left the UK and your permission to stay has expired
Were removed or deported from the UK
Have already exhausted your appeal rights or lost your case in a judicial review
Need to make an appeal or apply for an administrative review instead of making a reconsideration request
Further information, help, and advice
Our team of specialists have years of experience in visa services. We work with clients under Section 84 of the 1999 Immigration Act and can submit your UK visa application to the Home Office to be dealt with on the same day.
For more information and advice on UK immigration law and UK visa applications please contact us on 0203 488 2308 or email us at Info@worldwideimmigration.co.uk