Visa Refused? Your Complete Guide to Challenging the Decision
Understanding Administrative Review, Tribunal Appeals, Deadlines, and Fresh Evidence
A Home Office refusal letter feels like the world has stopped. Your plans—to join your spouse, advance your career, or build a life in the UK—now seem to hang by a thread. The legal language is dense, the deadlines are terrifyingly short, and you’re not even sure what your options are.
Take a breath. This is not the end of your story.
A refusal is often better understood as “not yet” rather than “never.” Many successful applications were once unsuccessful ones. The difference is knowing which challenge route to take, when to use it, and what new evidence might change everything.
This guide explains your options clearly—because the first step toward overturning a refusal is understanding exactly what you’re dealing with.
The Critical First Question: What Rights Does Your Refusal Letter Give You?
Before anything else, find your refusal letter and look for a section headed something like “What you can do now” or “Your appeal rights.” This section determines everything that follows.
The Home Office can only refuse you in ways Parliament has authorised, and Parliament has specified different challenge routes for different types of decisions. You might have:
- Administrative Review only (most Points-Based System visa refusals)
- A right of appeal to the First-tier Tribunal (human rights and protection claims, most family visa refusals)
- Both options (some decisions give you a choice)
- Neither (leaving Judicial Review as your only route—a different and more complex process)
If you’re unsure what rights you have, stop here and get professional advice before doing anything else. Choosing the wrong route—or missing a deadline—can permanently limit your options.
Administrative Review: A Second Look at the Same Evidence
Administrative Review is exactly what it sounds like: the Home Office reviews its own decision. A different caseworker examines whether the original decision-maker made an error.
What Administrative Review Can Fix
Administrative Review is designed to catch genuine mistakes. The reviewing caseworker can overturn the original decision if they find:
- Caseworker error: The original decision-maker overlooked evidence you submitted, misread a document, or miscalculated your points
- Incorrect application of the rules: The decision was based on a misunderstanding of what the Immigration Rules require
- Technical errors: Documents were not properly considered, or correspondence was missed
The Crucial Limitation: No Fresh Evidence
Here is the single most important thing to understand about Administrative Review: you cannot submit new evidence.
The review is based solely on the materials that were before the original caseworker. If you forgot to include a document, if you’ve since obtained better evidence, or if your circumstances have changed—none of this can be considered.
This means Administrative Review is only useful if:
- You believe the caseworker made a genuine mistake with the evidence you provided
- Your application was actually complete and correct, but was assessed wrongly
If the real problem was that your application was genuinely deficient—missing documents, insufficient evidence of income, gaps in your residence history—Administrative Review will simply confirm the refusal.
Administrative Review Deadlines
- 14 calendar days from the date of decision if you are in the UK
- 28 calendar days if you are applying from outside the UK
- 7 calendar days for detention cases
These are calendar days—not working days. Weekends and bank holidays count. The clock starts from the decision date on your refusal letter, not from when you received it.
Cost and Processing
Administrative Review costs £80. If the review finds in your favour, the fee is refunded. Processing typically takes around 28 days, though it can be longer.
You can only request Administrative Review once per decision. If your review is unsuccessful, you cannot request another one—you would need to make a fresh application instead.
First-tier Tribunal Appeal: Independent Judicial Scrutiny
A Tribunal appeal is fundamentally different from Administrative Review. Instead of asking the Home Office to reconsider its own decision, you are taking your case to an independent judge who will examine the decision afresh.
The First-tier Tribunal (Immigration and Asylum Chamber) is part of Her Majesty’s Courts and Tribunals Service. It is completely separate from the Home Office. The judge owes no loyalty to the original decision-maker and will assess your case on its merits.
The Power of Fresh Evidence
This is where Tribunal appeals become genuinely powerful: you can submit new evidence.
If the original refusal was based on insufficient evidence of your relationship, you can provide more photographs, correspondence, witness statements, and other materials showing the genuineness of your relationship. If your income was £100 short, you can submit updated bank statements. If you’ve since passed an English language test, you can include that certificate.
The Tribunal will consider the evidence as it stands at the date of the hearing, not as it stood when the Home Office made its decision. This is crucial. It means that even if your application was genuinely deficient when you submitted it, you can remedy those deficiencies for the appeal.
When Do You Have Appeal Rights?
You have a right of appeal when the Home Office has refused a claim that engages:
- Asylum and humanitarian protection: Claims that you would face persecution or serious harm if returned to your country
- Human rights: Most commonly Article 8 (the right to private and family life), but also other Convention rights
- EU free movement rights: For those with preserved rights under the EU Settlement Scheme
- Certain citizenship decisions: Including some naturalisation refusals
In practice, most family visa refusals carry appeal rights because they engage Article 8. However, most work visa refusals do not—they only attract Administrative Review rights. Your refusal letter will specify which applies.
Appeal Deadlines
- 14 calendar days if you are in the UK
- 28 calendar days if you are outside the UK
These deadlines are strict. Late appeals can be rejected outright. While the Tribunal has discretion to accept late appeals in exceptional circumstances, you should never rely on this. If you are approaching a deadline and need more time to prepare, it is almost always better to lodge the appeal now and develop your case afterward.
The Appeal Process: What to Expect
Step 1: Lodging the Appeal. You submit your Notice of Appeal online through the Tribunal’s system, or by post. The fee is £80 without a hearing or £140 with a hearing (for human rights appeals). You can apply for fee remission if you cannot afford it.
Step 2: Home Office Response. The Home Office prepares a bundle containing their decision and the evidence they relied upon. They may also prepare a Review indicating whether they will maintain their decision or concede the appeal.
Step 3: Your Bundle. You prepare a bundle containing your evidence, any witness statements, and written arguments (a “skeleton argument”). This is your chance to present your best case.
Step 4: The Hearing. At the hearing, you (or your representative) present your case. You may give oral evidence and be cross-examined by the Home Office Presenting Officer. The judge may ask questions.
Step 5: The Decision. The judge issues a written decision, usually within a few weeks. If you win, the Home Office must grant your application. If you lose, you may be able to appeal further to the Upper Tribunal on a point of law.
Do You Need a Barrister?
Many people assume that Tribunal appeals require a barrister. They don’t.
Experienced immigration solicitors regularly appear as advocates in the First-tier Tribunal. At Migrant Law Partnership, our principal solicitor has represented clients in numerous Tribunal hearings, including appeals that have resulted in published guidance cases affecting how the law is interpreted. The key is experience and preparation, not the type of qualification your representative holds.
Instructing a barrister adds cost—typically hundreds or thousands of pounds for the brief fee alone. For many immigration appeals, a well-prepared solicitor advocate will achieve the same outcome at significantly lower cost.
Administrative Review vs. Tribunal Appeal: At a Glance
| Feature | Administrative Review | Tribunal Appeal |
| Decision maker | Home Office caseworker | Independent judge |
| Fresh evidence | Not permitted | Fully permitted |
| Deadline (in UK) | 14 calendar days | 14 calendar days |
| Deadline (overseas) | 28 calendar days | 28 calendar days |
| Fee | £80 (refundable if successful) | £80-£140 (fee remission available) |
| Oral hearing | No | Yes (usually) |
| Best for | Caseworker errors on a correct application | Deficient applications that can be strengthened |
Gathering Fresh Evidence: Building a Stronger Case for Appeal
If you have Tribunal appeal rights, fresh evidence is your most powerful tool. The goal is to address every concern raised in the refusal letter, directly and comprehensively.
Start With the Refusal Letter
Your refusal letter is a roadmap. The Home Office must explain why they refused you, and those reasons tell you exactly what evidence you need to provide. Read the refusal carefully, multiple times if necessary. What specifically did they find insufficient? What documents did they question? What conclusions did they draw that you believe are wrong?
For each reason given, ask yourself: what evidence would prove them wrong?
Common Types of Fresh Evidence
Relationship evidence: Additional photographs showing your relationship over time. Correspondence including messages, emails, cards. Witness statements from family members or friends who know you as a couple. Joint financial documents—bank accounts, insurance, utilities. Evidence of visits, travel bookings, shared experiences.
Financial evidence: Updated bank statements showing the required savings period. Additional payslips or tax returns. Letters from employers confirming ongoing employment and salary. Accountant’s reports for self-employed applicants.
English language evidence: If your test was not accepted, a new test result from an approved provider. Evidence that your degree was taught in English (if applicable).
Accommodation evidence: Updated tenancy agreements. Landlord letters confirming continued occupation rights. Property inspection reports.
Expert evidence: Country expert reports for asylum cases. Medical evidence. DNA evidence where parentage is disputed. Forensic document analysis if authenticity was questioned.
The Quality Bar
Fresh evidence must be credible, consistent, and directly relevant. Judges will scrutinise it carefully. A few strong pieces of evidence are worth more than many weak ones.
Witness statements, in particular, must be honest and detailed. Generic statements that could apply to any couple carry little weight. Specific details—dates, places, conversations—are far more persuasive. Witnesses may be asked to give oral evidence and be cross-examined; their statements must be true.
When Professional Help Becomes Essential
You can conduct an Administrative Review yourself—it’s a relatively simple online process. But Tribunal appeals are different. The legal framework is complex, the procedural requirements are strict, and the consequences of getting it wrong are severe.
Consider professional representation if:
- You have Tribunal appeal rights. An independent judge will expect proper legal argument, coherent evidence, and adherence to Tribunal procedure. Self-represented appellants are held to the same standards as represented ones.
- The refusal raises points of law. If the Home Office has cited legal principles or caselaw in their refusal, you need someone who can engage with those arguments at the same level.
- There are complications. Previous refusals, overstaying, criminal history, complex family circumstances, or anything else that makes your case non-straightforward.
- The stakes are high. If this application determines whether your family can be together, whether you can stay in your home, or whether you face removal to a dangerous country—this is not the time to represent yourself.
The Harder Question: Is It Worth Challenging?
Not every refusal should be challenged. A good immigration lawyer will tell you honestly whether you have a realistic prospect of success—and, if you don’t, whether a fresh application might be a better use of your time and money.
Sometimes the Home Office has made a genuine error, and an Administrative Review will quickly correct it. Sometimes the original application was fundamentally flawed, and the right answer is to address those flaws in a new application rather than fighting a losing battle on appeal. Sometimes the refusal reveals a legal argument you had not considered, which will succeed at Tribunal.
An experienced practitioner can tell the difference. And telling you the truth—even when it’s not what you want to hear—is part of what you’re paying for.
How Migrant Law Partnership Can Help
At Migrant Law Partnership, we have extensive experience with both Administrative Reviews and Tribunal appeals across the full range of immigration matters.
Our principal solicitor regularly appears as an advocate in the First-tier Tribunal, with experience including appeals that have become published guidance cases—decisions that the Tribunal uses to guide how similar cases should be decided. This means you get courtroom experience and strategic insight without the additional cost of instructing a barrister.
Our approach:
- Honest assessment. We will review your refusal and tell you frankly whether we think you have a realistic prospect of success—and if not, what alternatives you should consider.
- Strategic thinking. We don’t just lodge appeals—we build cases. That means identifying what evidence will make the difference, structuring your arguments effectively, and anticipating the Home Office’s response.
- Experienced advocacy. At the hearing itself, we present your case clearly and respond to the judge’s questions and the Home Office’s arguments. Thorough preparation and courtroom experience make a difference.
- Fixed fees where possible. We know that legal costs create anxiety. We offer fixed fees for most appeal work, so you know what you’re paying upfront.
Next Steps
If you have received a refusal, time is not on your side. Deadlines are strict and cannot be extended simply because you weren’t ready.
Contact us now to discuss your options. We offer initial consultations where we review your refusal letter and advise you on:
- Whether you should pursue Administrative Review, a Tribunal appeal, or a fresh application
- Your realistic prospects of success
- What fresh evidence might strengthen your case
- Likely costs and timescales
This guide provides general information about challenging Home Office refusals. It is not legal advice and should not be relied upon as such. Immigration law is complex and every case is different. For advice on your specific situation, please consult a qualified immigration lawyer.
Migrant Law Partnership is registered with the Solicitors Regulation Authority.