Start with the refusal letter
After a refusal there are three possible routes: an appeal to the First-tier Tribunal, an administrative review by the Home Office, or a fresh application. Which is open to you, and which is best, depends on the type of application, the reasons for refusal and the time limits. The refusal letter tells you which remedies exist. The clock has already started, so read it today.
The three routes compared
| Route | Who decides | Deadline | Cost | Best when |
|---|---|---|---|---|
| Appeal | An independent tribunal judge | 14 days in the UK, 28 days abroad | £82 or £144 | The refusal is of a protection or human rights claim, including many family refusals, and you have a good case on the facts or the law |
| Administrative review | A different Home Office caseworker | 14 days in the UK (7 if detained), 28 days abroad | £80 | The caseworker made a clear mistake on what you sent |
| Fresh application | The Home Office | None, but your permission may be ending | The full application fee | The problem is something you can fix, such as missing evidence |
Which refusals can be appealed
A right of appeal exists only for protection claims, human rights claims, the revocation of protection status, deprivation of citizenship and certain EU Settlement Scheme and similar decisions. Many refused partner, child, parent and long residence applications count as human rights claims and carry a right of appeal. Refused work, student and visitor applications generally do not.
Common reasons for refusal
- Missing or wrong documents. A bank statement for the wrong period, a payslip without the right details, or a document in the wrong format.
- Financial requirements. Income or savings that do not meet the threshold, or are not shown in the way the rules require.
- Unexplained deposits. Large sums in a bank account with no explanation of where they came from.
- English language. A test certificate that does not meet the required level or comes from an unapproved provider.
- A relationship that is not shown to be genuine. Too little evidence of a life together.
- Suitability. A previous overstay, a deception finding or a criminal record.
- Sponsor problems. A licence that was suspended, or a certificate of sponsorship that was wrong.
Which route to choose
If there is a right of appeal, you generally appeal, and an appeal can look at the whole picture including new evidence. If there is only administrative review, we ask whether the caseworker made an actual error. If so, review may be right. If the real problem is a gap in your evidence, a fresh application is almost always faster and gives you the chance to fix it. If your permission is about to expire, the order in which you do things matters, because making a fresh application can end a review, and leaving the UK can end an appeal.
Do not wait
Every route has a deadline measured in days. Missing it can close the door. Send us the refusal letter and the application you made. We will tell you the options and the deadlines.
