Immigration Corner | I think rules were broken
Dear Mr Bassie,
I am presently in the United Kingdom and I applied to extend my visa, but I have been denied. I do not believe that the proper rules were applied to my situation and I am being told that I have no right to an appeal. Help! Is there any other avenue open to me?
Persons may ask for the decision on their visa or immigration applications to be reviewed if they have applied in the United Kingdom. This is known as a 'reconsideration request' and it is not a formal appeal or an administrative review. Persons are not able to ask for a reconsideration if they have a right to an appeal or a review.
Persons are able to make a reconsideration request if they believe that the immigration rules or policies were not followed correctly when the decision was made. In order to make the request, persons must be in the United Kingdom.
Also, persons can only make a request if they applied in the United Kingdom to do one of the following: transfer their visa to a biometric residence permit - this is known as 'transfer of conditions' (TOC); transfer their indefinite leave to remain to a biometric residence permit -- this is known as 'no time limit' (NTL); or extend their leave, switch their visa or settle in the United Kingdom.
Persons can make a request if their application for TOC, NTL or leave to remain was successful but they believe the type or the expiry date of the leave is wrong.
Persons can also make a request if their TOC or NTL application was refused and if they have any of the following: new evidence about the date of the application; new evidence to prove that their documents were authentic; evidence that information received by United Kingdom Visas and Immigration (UKVI) before the decision date was not available to the team who made the decision.
Persons should be aware that these are the only kinds of new evidence that can be used. Conversely, persons cannot make a request if it relates to any other sort of new evidence that wasn't received by UKVI before the decision date.
It is advised that persons should read 'The guidance on reconsidering visa or immigration decisions' and use the information in their decision or refusal letter to decide if they can make a request.
Please be reminded, again, that persons cannot make a reconsideration request if they have a right of appeal or right to an administrative review against the decision. The decision letter will usually note if either of these rights is available to applicants.
A person's reconsideration request will be rejected if he/she: makes a new application before or after sending the request; has since been given permission to stay in another visa category; left the United Kingdom and his/her permission to stay has expired; was removed or deported from the United Kingdom; has already exhausted his/her appeal rights or lost his/her case in a judicial review; or if he/she needs to make an appeal or apply for an administrative review instead of making a reconsideration request
Persons may make a request by writing a letter stating why they think the decision was wrong. Refer to the rules or policies under which they applied and/or check the guidance for the application to find the right rules or policies.
Persons should send the request to the team who made the decision on the original application. The address will be shown on the decision letter.
- John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator and a member of the Immigration Law Practitioners Association (UK).