Tue | May 21, 2019

Immigration Corner | Accessing reconsideration process after denial

Published:Tuesday | April 23, 2019 | 12:23 AM
John Bassie
John Bassie

Dear Mr Bassie,

I was told that I can have my visa denial considered again and this does not have to be a formal appeal and an administrative review. Please let me know if this is true.

NU

Dear NU,

Persons can make visa and immigration reconsideration requests. Persons might be able to ask for the decision on a visa or immigration application to be reviewed, if the application was made in the United Kingdom (UK). This is known as a ‘reconsideration request’. This is not a formal appeal or an administrative review, persons cannot ask for a reconsideration if they have a right to an appeal or a review.

When can a reconsideration request be made?

Persons can make a reconsideration request if it is believed that immigration rules or policies were not followed correctly when the decision was made. Further, there are other conditions that apply and persons must be in the UK to make the request.

Persons can only make a request if they applied in the UK to:

• Transfer their visa to a biometric residence permit - known as a ‘transfer of conditions’ (TOC)

• Transfer their indefinite leave to remain to a biometric residence permit - known as ‘no time limit’ (NTL)

• Extend their leave, switch visa or settle in the UK.

Persons can make a request if their application for TOC, NTL or leave to remain was successful, but those persons 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 UK Visas and Immigration (UKVI) before the decision date was not available to the team who made the decision

These are the only kinds of new evidence that persons can use and offer. Persons cannot make a request if it relates to any other sort of new evidence that was not received by UKVI before the decision date.

It is important that persons seeking to use this, read the guidance on reconsidering visa or immigration decisions and use the information in their decision or refusal letter to decide if a request can be made.

When persons cannot make a reconsideration request

Persons cannot make a reconsideration request if they have a right of appeal or right to an administrative review against the decision and the decision letter will usually tell that person if he/she has either of these rights.

When a request will be rejected

A person’s reconsideration request will be rejected if he/she:

• Makes a new application before or after the request was sent

• Has since been given permission to stay in another visa category

• Left the UK and the permission to stay has expired

• Was removed or deported from the UK

• Has already exhausted the appeal rights or lost their case in a judicial review

• Needs to make an appeal or apply for an administrative review instead of making a reconsideration request

How to make a request

Persons should write a letter stating why they think the decision was wrong. They should refer to the rules or policy under which they applied - check the guidance for the application to find the right rules or policies.

They should send their request to the team who made the decision on the original application and the address will be shown on the decision letter.

Please note that persons must make their request as soon as possible and no later than 14 days after they get the decision on their application and that those persons can only make one reconsideration request.

Legacy requests

If a person made a request before November 13, 2012 - this is known as a ‘legacy request’ - and the immigration status is still not resolved, that request will be considered as long as the applicant meets the guidance requirements.

I hope this helps.

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). Email: lawbassie@yahoo.com