Refusals & appeals

First, read your decision letter

Every refusal comes with a decision letter that explains why the application was refused and what you can do next. Crucially, it states whether the decision can be challenged by administrative review, whether it attracts a right of appeal, and the exact deadline that applies. Not every refusal gives you a right to review or appeal, so the letter is the starting point for deciding your options.

If the letter does not offer a review or an appeal, your realistic options are usually to submit a fresh application that addresses the reasons for refusal, or in limited circumstances to seek other legal remedies. Because the reasons for refusal directly shape the best response, it is sensible to understand them fully before spending money on a new application.

Administrative review: correcting a caseworker error

An administrative review is a request for the Home Office to look again at a refusal because you believe the decision contains a caseworker error, rather than because your circumstances have changed. It is not a fresh application and you cannot normally submit new evidence to make your case stronger; it is a check of whether the original decision was handled correctly. Your decision letter will tell you if the refusal is eligible for administrative review.

The process, deadline and how your immigration status is treated differ depending on whether you are inside or outside the UK.

• Applying from outside the UK: you must apply within 28 days of getting the decision.
• Applying from inside the UK: you must apply within 14 days of getting the decision. If you were detained on the day you received the decision, the deadline is 7 days.
• Fee: it costs £80 to apply.
• Fee refunds: the fee is not refunded if you withdraw the request. If you are inside the UK and the review succeeds (the original decision is overturned), the fee is normally refunded; if the original decision is upheld, it is not refunded.
• Timescale: a result can currently take 12 months or more. If you do not have a decision within 6 months, the Home Office will contact you with an update.
• One review only: you generally cannot request a second administrative review, unless the first review found new reasons for the refusal.
• Withdrawal: your review is automatically cancelled if you make another immigration or visa application while it is pending.
• If you are inside the UK and your visa has expired, you will not usually be removed from the UK until the review has been completed.

Appeals: challenging a decision at an independent tribunal

An appeal is different from an administrative review. Instead of the Home Office reconsidering its own decision, an independent judge at the First-tier Tribunal (Immigration and Asylum Chamber) reviews it. Appeal rights are limited: only certain types of decision can be appealed, and your decision letter will confirm whether you have a right of appeal.

You can generally appeal to the First-tier Tribunal where the Home Office has decided to refuse or revoke a protection (asylum or humanitarian protection) claim, refuse a human rights claim, refuse or revoke status or otherwise affect your stay under the EU Settlement Scheme, or revoke your British citizenship. There are also appeal rights in some cases under the EEA Regulations and for frontier workers and certain healthcare visitors. Most ordinary points-based work, study and visitor refusals do not carry a right of appeal and are instead handled by administrative review or a fresh application.

• Deadline from inside the UK: your appeal must reach the tribunal within 14 calendar days of being sent the decision.
• Deadline from outside the UK: you have 28 days to appeal after you get the decision (or 28 days after you leave the country, if you had to leave before you could appeal).
• Fee: £82 for a decision without a hearing (decided on the papers), or £144 for a hearing.
• Late appeals: if you miss the deadline you must explain why, and the tribunal will decide whether it can still hear your appeal.
• The deadline that applies to you is also stated on your refusal letter, so check it against the general rules above.

Reapplying instead

For many refusals, especially those without a right of appeal, the most practical route is to make a fresh application that fixes the problems identified in the decision letter. This is often quicker than a review or appeal, but you will normally have to pay the application fee (and any immigration health surcharge) again, and you should make sure the new application genuinely addresses the reasons the previous one failed.

Before reapplying, weigh it against an administrative review or appeal where one is available. If the refusal was caused by a Home Office mistake, a review or appeal may be more appropriate than paying for a new application; if your own evidence or circumstances were the issue, a stronger fresh application may be the better option.

Watch the deadlines

Time limits for both administrative reviews and appeals are short and are counted from when you receive or are sent the decision. Missing them can mean losing the chance to challenge the refusal, so identify your deadline from the decision letter as soon as it arrives and act well within it. Where the situation is complex or your immigration status in the UK is at risk, consider taking advice from a qualified immigration adviser or solicitor before your window closes.