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Appeal a Visa Refusal

By UK Thai Visa on July 4, 2009

The information on this page explains how to appeal a UK visa refusal and why in our opinion you shouldnt
If you are refused a UK settlement or UK Fiancee visa, you have the right to appeal. With the refusal you will be given three documents to help you understand the appeal process.

Three documents you will receive are

  • A notice of Refusal explaining the reason why your application has been refused
  • Form AIT-2, the Appeal form
  • A leaflet giving basic information about the appeal and how to fill in the AIT-2 application form

If you are refused a visa you have in total 28 days to start the appeal, if you wait until after the 28 days your right to appeal will be over.
You can make the appeal at the British embassy in Bangkok or with the Asylum and Immigtsaion Tribunal in the UK (AIT)
Their contact details are
Asylum and Immigration Tribunal
PO Box 6987
Leicester LE1 6ZX
United Kingdom
Tel: (+44) (0)845 600 0877
Fax: (+44) (0)116 249 4130

AIT in the UK

Ensure that you complete the AIT-2 refusal form and enclose the copy of the Notice of Refusal. No matter where you send your Visa appeal, it will end up at the AIT in the UK.
The UK Governments web site quotes that it will take longer than 6 months to appeal a fiancée or settlement visa which we will agree with. Our experience has demonstrated that it takes 12 months for the process to complete and you could still be refused on appeal.
The final decision of the appeal will be made by am Immigration Judge in the UK. When considering an appeal, the Immigration Judge will look at all the evidence sent in by your representative, as well as by the Entry Clearance Officer. The immigration Judge will contact the AIT confirming the final decision within 10 days of the hearing. Then the AIT will inform the Bangkok Embassy and you.

Reasons you shouldn’t appeal a UK Visa refusal

As not to create any misunderstandings , everything below is based on my experience and are only my opinions, please check the UK governments web site to make your own opinion.

The British government’s web site states that it takes longer than 6 months to appeal a Settlement or Finacee visa and our experience will confirm that it takes twelve months.
The British governments web site states, “The Immigration Judge will look at all the evidence sent in by your representative” – What does this mean? Representative means immigration lawyer.
Lawyer in the UK means

  • every time you talk – an invoice added to your final Bill
  • every letter you write to your lawyer – an invoice added to your final bill
  • every document opened – an invoice added to your final bill
  • every letter written on your behalf from your lawyer – an invoice added to your final bill

The UK immigration is part of the British home office, Judges in the UK work under the British home office. So you would be refused a visa by a department of the British government and that same department of the British government will hear the appeal and make a final decision. I am not saying you will not get a fare hearing, and I am sure the Judge be fair.

My conclusion

If you make an appeal it will take 12 months or more and in which time you will have to pay the fees of a immigration lawyer in the UK, UK LAWYER FEES.

Alternative

Make a fresh settlement or financee visa application in Bangkok. Use the services of a reputable visa consultant i.e a company that doesn’t charge until the visa has been awarded in Thailand. You will have a settlement visa within 3 ½ months at a fraction of the cost of paying a UK immigration lawyer.

Save time and money , The British governments web site quotes “,you should seek advice from a qualified immigration adviser”. If you use the services of a reputable visa immigration adviser from the start you will not be refused a visa. If you have been refused a visa, make sure you get advice before making the same mistake again.

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Comments

One Response to “Appeal a Visa Refusal”

  1. [...] Yes you have the right to appeal when you are refused a UK visa application, but this application has zero chance of being over turned. The only way forward for this couple is to start a fresh UK Settlement Visa application. I have written information on this web site before about why you should not appeal a UK visa refusal. [...]

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