Search

How can we help?

Icon

Dealing with a UK Visit visa refusal

A visit visa refusal can be frustrating to deal with. In most cases, it can be unexpected and puts your forthcoming holiday or business plans to an immediate halt. It may also cause reputational issues if you were to meet a potential client in the UK.

A visit visa can be refused for various reasons. In most cases, the advice would be to reapply and provide any missing information. In other cases, it may be more appropriate to consider whether you should challenge the decision.

The refusal of a visit visa can only be challenged by way of Judicial Review.  However, before an applicant considers this route, they should carefully consider whether there are sufficient merits to do so. It may be appropriate in most cases to seek legal advice to determine this.

Judicial review of visit visa decisions is conducted by the Upper Tribunal. The applicant must first notify the Entry Clearance Officer (ECO), by sending a Pre-Action Protocol (PAP) letter, that they intend on commencing Judicial Review proceedings. This letter should contain an outline of the grounds of challenge and provide a reasonable time for the ECO to respond. In some cases, the ECO may withdraw the decision after considering the PAP letter. Therefore, it is important that the PAP letter is sufficiently detailed.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

The refusal of a visit visa can only be challenged by way of Judicial Review.

If the ECO does not concede after the PAP is sent, the applicant may then proceed to make an application for permission for Judicial Review. The applicant must continue to consider the ongoing merits of making this application. Once the application is lodged, the ECO may either defend their decision, and file summary grounds of defence, or they may offer to withdraw their decision.

If the applicant is successful, or if the ECO concedes after Judicial Review proceedings are commenced, the applicant may be able to recover some of their legal costs. If the applicant is not successful, they may be liable to pay the ECO’s costs.

Dealing with a visit visa refusal can be stressful, however, if the applicant is carefully able to consider the reasons for this refusal letter, in most cases a solution can be found.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 08 May 2025
  • Employment

Statutory Sick Pay Scheme changes: how can employers prepare for such changes?

The government has recently changed the Statutory Sick Pay provisions; it is anticipated that such changes will ‘help people to stay in work and grow the economy’.

Pub
  • 07 May 2025
  • Corporate and M&A

Thinking of exiting your business? Part 1

In the first part of this three-part series, we explore why planning your exit strategy early can shape the way you build, grow, and eventually sell your business for maximum value. From mindset to strategy, we unpack how thinking about the end from the beginning can lead to smarter decisions and better outcomes.

Pub
  • 07 May 2025
  • Immigration

UK Immigration: Essential update for employers

The UK’s immigration system will see major changes in 2025. Watch our UK immigration specialists, Ruth Karimatsenga and Monica Mastropasqua, as they explore the key updates and how they affect your business.

art
  • 06 May 2025
  • Corporate and M&A

Can a disclosure letter give rise to a misrepresentation claim?

Provided by a seller to a buyer, a disclosure letter is an important element in any business sale or purchase transaction.

art
  • 02 May 2025
  • Employment

Sex, Gender and the Law: What the Supreme Court’s Recent Ruling Means for Employers

The recent UK Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers  UKSC 16 has generated significant attention, but for most employers, we would argue that its practical impact is relatively limited—at least for now.

art
  • 29 April 2025
  • Privacy and Data Protection

Use of Personal Devices at Work: Why a Bring Your Own Device Policy is Essential

We will highlight in this article what changes have been made to the DUAB since the early stages of the Bill.