Immigration Corner | When an immigration, visa application can be reviewed

Dear Mr Bassie,

I would like to know under what circumstances can I have a decision on a visa or immigration application reviewed.

– V.V.

Dear V.V.,

Persons might be able to ask for the decision on a visa or immigration application to be reviewed if they had applied in the United Kingdom.

This is known as a ‘reconsideration request’. Please note that it 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 PERSONS CAN MAKE A RECONSIDERATION REQUEST

Persons can make a reconsideration request if they believe immigration rules or policies were not followed correctly when the decision was made.

Those persons must be in the United Kingdom to make the request, and they can only make a request if they had applied in the United Kingdom 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 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 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.

These are the only kinds of new evidence that can be used. 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.

Persons should read the guidance on reconsidering visa or immigration decisions online and use the information in their decision or refusal letter, to decide if they can make a request.

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.

Please be aware that the decision letter will usually tell the applicant whether they have either of these rights.

WHEN THE REQUEST WILL BE REJECTED

Persons’ reconsideration requests will be rejected if they:

• Make a new application before or after they send the request;

• Have since been given permission to stay in another visa category;

• Left the United Kingdom and their permission to stay has expired;

• Were removed or deported from the United Kingdom;

• Have already exhausted their appeal rights or lost their case in a judicial review;

• Need 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 also refer to the rules or policy under which they applied – check the guidance online for the application to find the right rules or policies.

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

They must make their request as soon as possible and no later than 14 days after receiving the decision on their application. Please be aware that an applicant can only make one reconsideration request.

Just for completeness, if a request was made before November 13, 2012, (known as a ‘legacy request’) and the immigration status is still not resolved, that request will still 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, deputy global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). E mail: lawbassie@yahoo.com