UK Visitor Visa Refusal

Posted onJune 13, 2023

Have you had a visitor visa application refused by the Home Office? Our immigration solicitors will look at your options if you want to come to the UK and you have had your visitor visa application rejected.

UK Online and London-Based Immigration Solicitors and Visa Refusal Lawyers

For advice on visitor visa refusals call OTS Solicitors on 0203 959 9123 or contact us online.

Visitor visa refusal letter

The Home Office will tell you if your visitor visa application has been refused by sending a visa refusal letter. The letter should explain the grounds on which your application has been refused.

Immigration solicitors say it is not unusual for visitor visa applications to be refused. For example, every year many parents based overseas apply for a visitor visa as they want to attend the graduation ceremonies of their international student offspring but are refused a visitor visa. If you have received a visitor visa refusal letter there are steps you can take. Call us on 0203 959 9123.

Why has your visitor visa application been refused?

When OTS Solicitors are asked to help with a visitor visa refusal, we will ask to see the refusal letter to assess the basis for the Home Office refusal. The grounds for refusal will affect our advice on your best option to visit the UK.

Common reasons for visitor visa refusal include:

You did not meet the suitability requirements for a visitor visa
You were not assessed to be a ‘genuine visitor’
You did not show that you have sufficient funds to visit the UK or have accommodation to stay in the UK

Visitor visa refusal on suitability requirements

There are a number of reasons why a person may be deemed unsuitable for a visa. Examples include:

Previous immigration record – such as having been refused previous visas due to providing inaccurate information or documents, having breached a previous visa condition, having overstayed in the past or having been deported
Criminal record – depending on the conviction and sentence this may result in a mandatory or discretionary refusal
Exclusion is deemed conducive to the public good – due to some aspect of previous behaviour or associations or conduct
Owing the NHS – the figure is more than £500

Visitor visa refusal on genuine visitor grounds

If a Home Office official believes you are trying to enter the UK for reasons other than for a temporary stay then your visitor visa application will be refused. Immigration solicitors say that the rules on visitor visas can be confusing as whilst you can visit the UK for tourism or to visit family you can also come to the UK on a visitor visa for business reasons. If you are visiting the UK and intend to carry out business related work your business activities must fall within ‘permissible activities’ as otherwise your visa application will be refused.

Whether you intend to visit the UK for business, tourism or family reasons, Home Office officials will investigate if your trip is genuinely a visit rather than an intention to get a job in the UK or to stay in the UK beyond the permitted date on your visitor visa.

To assess if you are a genuine visitor a Home Office Home caseworker will look at a range of factors including:

Your immigration record
The reasons for your stay in the UK
Your ties to your country of nationality – in other words do you have reasons for return, such as a job, a home or family ties in your home country

Visitor visa refusal on sufficient funds or accommodation grounds

As part of your visitor visa application, you need to show that you have sufficient funds to pay for your reasonable costs during your visit without either working in the UK or accessing public funds. Funds include the cost of your return journey to your home country or your onward journey.

If family members or friends or business associates are going to provide accommodation or funds then you need to demonstrate that there is a genuine relationship between you and the third party, that they can afford to support you, and that they are not in breach of any immigration rules themselves. The third party may need to provide an undertaking about the funds and accommodation on offer to you.

Options if a visitor visa application is refused

If your visitor visa application is refused it is best to seek legal advice as soon as you can. That’s because you have various options but they are time limited.

Your options include:

Making a new visitor visa application
Applying for a different type of visa
Appealing against the visitor visa refusal
Making a judicial review application

Our visa refusal lawyers will look at your best options to secure UK entry clearance. In most cases we may rule out an appeal against the visitor visa refusal because you can only pursue an appeal if your original application included a human rights claim and the refusal decision breached your right to respect for private and family life under Article 8 of the European Convention on Human Rights.

Whilst you may have the grounds to apply for a judicial review of the visa refusal decision our visa refusal lawyers will only recommend this option if the costs and time involved in judicial review proceedings are justified or if we are confident that the Home Office will back down if a letter before action is sent. A judicial review is an option if the refusal of your visitor visa was illegal, unreasonable, or the refusal was down to procedural impropriety and unfairness.

Reapplying for a UK Visitor visa

In most cases our immigration solicitors will recommend that you reapply for a visitor visa as the quickest and cheapest solution. We will assess why your application fell short and remedy the issues by carefully preparing a new visa application for you. Often the initial visa refusal was down to insufficient or confusing information or lack of evidence of funds and these issues can be remedied with a comprehensive application that addresses all the requirements under the immigration rules.

Apply for a different visa

In some situations, it may be better for you to apply for a different type of visa, such as a family visa or dependant visa or work visa. Our specialist immigration lawyers will look at the reasons for your planned trip to the UK and your goals and will advise if alternative visas are more suitable for your needs.

UK Online and London-Based Immigration Solicitors and Visa Refusal Lawyers

For advice on visitor visa refusals call OTS Solicitors on 0203 959 9123 or contact us online.

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