How to Challenge Visitor Visa Refusal
Increased Visa Refusal Rates: Key Trends and Legal Remedies
In recent years, there has been a noticeable rise in UK visit visa refusals, reflecting a shift in how immigration officers interpret credibility and intention to visit. One particularly concerning trend involves the scrutiny of applicants past immigration history — especially when it comes to the accuracy of previous visit intentions and duration of stay.
Discrepancy Between Stated and Actual Visits
Decision-makers are increasingly comparing what applicants declared on previous visa applications versus how long they actually stayed in the UK. For example, if an applicant stated they would stay for two weeks but ended up remaining for the full six months allowed under a standard visit visa, the Home Office may treat this as evidence of dishonesty — even though the applicant did not overstay or breach visa conditions.
This kind of discrepancy is now being factored into decisions on new visa applications. It suggests to caseworkers that the individual may not have been entirely truthful about their intentions, which can undermine the applicant’s credibility and lead to refusal.
Impact of Previous Long-Term Visas
The Home Office also takes into account an applicant’s broader immigration history. If the individual has previously held a long-term visa — such as a Skilled Worker visa or another type valid for more than six months — that fact alone may be used against them in a visitor visa application.
Even if the previous application was successful or refused, the Home Office may argue that the individual has immigration motivations inconsistent with a short-term visit. This interpretation allows officers to question whether the person is a “genuine visitor”, a term that remains broadly defined in both Appendix V: Visitor and accompanying caseworker guidance.
Subjective Grounds for Refusal
According to current guidance, immigration officers assess whether someone is a genuine visitor based on the following:
“You must be satisfied that the applicant is a genuine visitor. Look at their personal circumstances, their stated purpose of visit, their travel history and record of compliance, and whether they have adequate funds to cover the costs of their trip…”
This subjective evaluation gives caseworkers considerable discretion. Even if all documents are submitted correctly, doubts about the applicant’s true intentions — however minor or inferred — can lead to a refusal. Any inconsistencies between the application form and supporting documents can be used to justify rejection.
Limited Avenues for Appeal
A major challenge in visit visa refusals is the lack of appeal rights. Typically, applicants do not have the right to appeal unless the refusal engages human rights grounds — such as the right to family or private life under Article 8 of the European Convention on Human Rights. Administrative reviews are also not available for visitor visa refusals.
Challenging a Visit Visa Refusal via Judicial Review
1. Submit a Pre-Action Protocol (PAP) Letter
The first step in challenging a refusal is to submit a Pre-Action Protocol letter to the Home Office. This legal letter outlines the grounds for dispute and asks the Home Office to reconsider the decision before formal court proceedings begin.
The UKVI typically has 14 days to respond to the PAP letter. They may choose to revisit and potentially reverse the decision or advise the applicant to proceed with a Judicial Review.
2. Judicial Review Process
If UKVI maintains its refusal or fails to respond, the next step is to file a Judicial Review claim with the Upper Tribunal (Immigration and Asylum Chamber). This involves submitting Form UTIAC1 to the relevant hearing centre, along with all supporting evidence, legal grounds, and statutory references.
If you are legally represented, you must submit the form and supporting documents using the HM Courts and Tribunals E-Filing service. If you are representing yourself as an individual, you can submit the documents either online or by post.
Once the form and supporting documents have been submitted, the Upper Tribunal will review your application and inform you if any additional information is required. When you receive a sealed (stamped) copy of the claim, you must notify the Home Office by sending them a copy of the sealed form along with the supporting documents.
3. Grounds for Judicial Review
You may apply for Judicial Review on several legal grounds, including:
- Illegality – where the Home Office made an error of law or exceeded its legal powers
- Irrationality – where the decision lacks a reasonable basis or is unsupported by evidence
- Procedural unfairness – where the process was flawed, biased, or lacked transparency
- Breach of Human Rights – where the refusal violates rights under the Human Rights Act 1998
4. Time Limits and Procedures
Judicial Review claims must be submitted promptly, and no later than three months from the date of the refusal. If you are challenging a decision from the First-tier Tribunal, the claim must be submitted within one month from the date the written reasons were sent.
Important: The time limit continues to run even during the Pre-Action Protocol stage. You must act quickly to preserve your right to challenge.
Once the claim is lodged, the Upper Tribunal will first consider the application on the papers. If the judge finds it necessary, an oral hearing may be scheduled to assess whether the claim is arguable.
The Home Office is required to submit an Acknowledgement of Service, which will confirm whether they intend to defend or withdraw the decision.
If permission is granted by the Upper Tribunal, the Home Office may:
- Choose to withdraw its original decision and issue a new one — often resulting in a visa being granted, typically within three months,
- Or, defend the original decision, in which case the claim proceeds to a full Judicial Review hearing on its merits.
If permission is refused by the Upper Tribunal on the papers, and the claim has not been certified as “totally without merit”, you have seven days to request a renewal of your application for an oral hearing before a judge.
Conclusion
With refusal rates on the rise — especially for visit visas — applicants must be extremely careful in how they present their case. Even seemingly minor discrepancies, such as stating a short visit but staying for the full allowed period, can cast doubt on the applicant’s credibility.
Given the limited right of appeal, Judicial Review is often the only legal route available to challenge a visit visa refusal. However, it is a complex and time-sensitive process requiring strong preparation and, in most cases, professional legal support.
If you or someone you know has received a UK visitor visa refusal and believe the decision was unjust, it is essential to seek prompt and qualified legal advice to explore your options.
Should you need guidance pertaining to your Individual, Business or Humanitarian UK immigration matter,
To arrange meeting with our lawyers, contact us by telephone at
+44 2077202156 or by email at office@goodadviceuk.com.
If you have instructed us before, we would be pleased to know your feedback about your experience.
