If your application that you made from within the UK has been refused, and you believe that immigration rules or policies were not applied correctly, you may want to make the reconsideration request (not a formal appeal).
By way of the reconsideration request, the decision on your visa, immigration or settlement application will be reviewed and may result in the grant of your original application.
You can only make a reconsideration request if you applied in the UK to:
♠ extend your visa
♠ switch your visa
♠ permanently settle
♠ transfer your visa or indefinite leave to remain to a biometric residence permit – known as a ‘transfer of conditions’ (TOC) or ‘no time limit’ (NTL)
You should get specialist legal advice and representation to make a reconsideration request to highlight exactly how immigration rules or policies were incorrectly applied by the decision maker. In other words you will be required to identify an error of law, otherwise your application will be refused.
You must be in the UK to make a reconsideration request.
You can’t make a reconsideration request if it is for:
You can’t make a reconsideration request for:
♠ a Tier 4 visa decision if you applied on or after 20 October 2014
♠ a Tier 1, 2 or 5 visa decision if you applied on or after 2 March 2015
Read the full list of reasons why you can’t make a reconsideration request.
You can make a reconsideration request if you have:
♠ new evidence about the date of the application
♠ new evidence to prove your documents’ authenticity
♠ evidence that information received by UK Visas and Immigration (UKVI) before the decision date was not available to the team who made the decision
You can also make a request if your application was successful but you think the type of leave granted or the expiry date of the leave is wrong.
Read the guidance on reconsidering visa or immigration decisions and use the information in your decision or refusal letter to decide if you can make a request.
Your reconsideration request will be rejected if you:
♠ make a new application before or after you send the request
♠ have since been granted permission to stay in another visa category
♠ left the UK and your permission to stay has expired
♠ were removed or deported from the UK
♠ have already exhausted your appeal rights or lost your case in a judicial review
♠ you need to apply for an administrative review instead of reconsideration
You can’t make a request if it relates to new evidence that wasn’t received by Home Office before the date of decision.
How to make a request
Get Citizen Lawyer to draft a legal representation letter stating why the decision was wrong or unlawful whilst referring to the applicable legal rules or policies. The legal representation will be sent to the team who made the decision on your original application – the address will be shown on the decision letter.
You must make your request as soon as possible and no later than 3 months after you get the decision on your application. You can only make one reconsideration request, therefore it is important to have expert legal advice and representation to ensure your case is properly presented and argued.
If you made your request before 13 November 2012 (known as a ‘legacy request’) and your immigration status is still not resolved your request will still be considered as long as you meet the guidance requirements.