Visa and Immigration Reconsideration Requests | In Country and Out Country Applications
The continuous changes to the UK Immigration rules require options for you to consider if your application is turned down. At ICS Legal we are always working in your best interests. On this basis you might be able to ask for the decision on your visa or immigration application to be reviewed if you applied in the UK.
This is known as a ‘reconsideration request’. It isn’t a formal appeal or an administrative review. You cannot ask for a reconsideration if you have a right to an appeal or a review.
When you can make a reconsideration request
The Home Office provide us an opportunity to challenge the decision via a reconsideration request, in the event we are satisfied the immigration rules or policies were not followed correctly when the decision was made by the Case Worker.
You can only make a request if you applied in the UK to:
You can make a request if your application for leave to remain was successful but you believe the type or the expiry date of the leave is wrong.
You can also make a request if your application was refused outside of the UK and you have any of the following:
new evidence about the date of the application.
new evidence to prove that your 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 you can use. You can’t make a request if it relates to any other sort of new evidence that wasn’t received by UKVI before the decision date.
When you can’t make a reconsideration request
The Home Office do not allow you to make a reconsideration request if you have a right of appeal or right to an administrative review against the decision.
The decision letter will usually tell you if you have either of these rights.
When your request will be rejected
Your reconsideration request will be rejected if you:
make a new application before or after you send the request
have since been given 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
need to make an appeal or apply for an administrative review instead of making a reconsideration request
Do acknowledge that all decisions are based under Discretionary circumstances. It is best advised that you forward us your decision letter to email@example.com, allow us to review and advise you on the best way forward.