# If your application made outside UK is refused



## Joppa (Sep 7, 2009)

It will come as a terrible shock, after all the efforts and preparations you have gone through and all the waiting, to find your application for a visa has been turned down. Now is the time for a cool head and rational mind, as you have some big decisions to make about your future prospect. 
First read and re-read the content of the rejection letter. By law they have to give specific ground or grounds for rejection. While the language can be technical and convoluted, it should spell out the exact reason(s) why you have failed to meet the requirement. 
If there is a simple error of facts, such as claiming you haven't sent in a particular document when you have, you can try complaining first. Your comment will be passed to the relevant visa office and they may then decide to issue your visa. See https://www.gov.uk/government/organisations/uk-visas-and-immigration/about/complaints-procedure 
Secondly find out whether you've been given the right of appeal. Not all types of visa come with the automatic right of appeal, though you may be given administrative review - to ensure that proper procedures have been followed. You only have 28 days to lodge your appeal, so don't dither. You have to pay a fee of £80 for paper consideration or £140 for tribunal hearing. Most opt for paper only. You need to address every reason they have given for refusing, and show they have been wrong in rejecting, or supply additional documents - available at the time of original application but somehow got left out. They only want copies, not originals for the appeal. 
Thirdly, every appeal process first goes through review by Entry Clearance Manager (ECM), who will look at your application afresh and see if any errors have been made when processing it or they have misinterpreted your situation. If they then decide to overturn the decision, you will be told about it and asked to submit your passport for visa or vignette to be affixed. If the decision isn't overturned, your case goes to the First-Tier Tribunal. As there is a big backlog of cases to be decided, there is a long wait, often up to a year until they fix a date for the judge to examine your case or a hearing. The tribunal hearing will take place in a room, and although it's a court of law, the atmosphere is more informal, and if you aren't legally represented, the court officials will try to be as helpful as they can for you to state your case (if you've opted for a hearing) but they won't give advice. Home Office, if they are contesting the case, will be represented by a presenting officer, usually a solicitor. While the judge may give their decision there and then, it's normal for them to reserve their judgement, giving them time to decide on the outcome. You will be told about it by letter. If your appeal is upheld, Home Office is given a short time to decide whether to lodge an appeal to the upper tribunal, and then the judge will decide if an appeal can be made. The same holds true if you lose your appeal. If you win and Home Office decides not to contest it, you will get a letter or email requesting your passport for the visa to be attached. Often you wait rather a long time for this, and a delay of several weeks, sometimes months, isn't uncommon. You may get your appeal fee back. 
It's permitted to make a fresh application while your appeal is pending, and then withdraw your appeal when you get your visa.
Slightly different procedure is followed if you appeal from within UK.
https://www.gov.uk/immigration-asylum-tribunal/overview
Often the best course of action after a refusal is to make a fresh application, ensuring that every ground for rejection is properly addressed. This is usually a quicker route, though you will have to pay the full fees again (you will get your health surcharge back if you've paid when you are refused).


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## YvonneG (Jan 8, 2016)

Why doesn't the entry clearance officer contact the applicant for missing documents or additional information at the time of review? I submitted 3 months financial info and our visas were rejected requesting for 12 months.


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## Joppa (Sep 7, 2009)

Because you didn't submit the documents required - either 6 months or 12 months, depending on financial category. They aren't obliged to contact you. Continue your discussion on a separate thread you have started.


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## freezing (Jan 2, 2016)

Is the information provided above still valid? Some of it conflicts with the official info we got and what I see on the government websites? Please delete if my inquiry is unnecessary.


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## Joppa (Sep 7, 2009)

Which inconsistency have you found?


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## freezing (Jan 2, 2016)

Re: "Thirdly, every appeal process first goes through review by Entry Clearance Manager (ECM), who will look at your application afresh and see if any errors have been made when processing it or they have misinterpreted your situation. If they then decide to overturn the decision, you will be told about it and asked to submit your passport for visa or vignette to be affixed."

Based on the info I got, we MUST appeal directly to first tribunal, online or via paper, https://www.gov.uk/immigration-asylum-tribunal

What you say about an appeal passing through an ECM first, sounds good, but I couldn't find that anywhere?

Another thing I wondered about was the huge backlog, BUT this was because I mistakenly thought you posted in 2009, and that made me suspicious, but thats when you joined... 

Thanks for all the info you are providing!


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## Joppa (Sep 7, 2009)

Read https://www.gov.uk/government/publications/ecm-appeal-review-apl07/ecm-appeal-review-apl07. 


> An *ECM review is required* for all decisions refused with a full right of appeal (FRA).


Yes, you appeal to the tribunal, but first they send the case for ECM Review, and only if the original decision isn't overturned, your case will join the queue for a judge to look at (paper only) or a hearing (personal appearance).


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## freezing (Jan 2, 2016)

Thank you for confirming that - panicky refused applicants like me want to be 100% sure...


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## Tee2008 (Dec 11, 2015)

You may have seen that the government propose to raise the fees for appeals. A consultation document has been issued. The current fees of 80 GBP and 140 GBP will rise to 490 GBP and 800 GBP respectively. This is a rise of around 570%.

As Joppa rightly says, if you submit an appeal, there is supposed to be an ECM review of the decision. Sometimes there is and sometimes there isn't. It actually depends on the pressure of work that ECM's are under. Hopefully it is now better, since all appeals work is carried out in the UK, and not at the visa post overseas. One major failing in the system, is that there is no ECM review until you have paid the appeal fee, and that will be either 490 GBP or 800 GBP. If the ECM decides that the ECO made the wrong decision, or an error of law, and overturns the refusal decision, you will not get any refund of the appeal fee you paid. Personally, I think there could be a fairer system than this.


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## Joppa (Sep 7, 2009)

That's incorrect. The judge at FTT may order the refund of fees and out-of-pocket expenses to be paid if you win your appeal. But this is at their judgement and not set in stone.


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## Tee2008 (Dec 11, 2015)

Joppa said:


> That's incorrect. The judge at FTT may order the refund of fees and out-of-pocket expenses to be paid if you win your appeal. But this is at their judgement and not set in stone.


Yes, the judge can order a refund of fees if you win your appeal. That is not what I said. I said that, if the decision is overturned by an ECM at the ECM review, then the fee is not refunded. There would, in those circumstances, be no appeal hearing. If that is not correct, then I am happy to be corrected.


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## redbridg (May 23, 2016)

Where to post/submit the appeal form and all supporting documents in case of appealing from outside the UK?When to pay for tribunal?


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## freezing (Jan 2, 2016)

You find info here https://www.gov.uk/immigration-asylum-tribunal/appeal-from-outside-the-uk
(the form is also linked on this page) 

Appeal here https://immigrationappealsonline.justice.gov.uk/IACFees/


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## Asiama (Apr 27, 2016)

My application was refused in November 2015 and I appealled in December 2015.I got aletter from the court on the 29th of February saying that they have received my appeal and have sent it to the ECM and they have given the ECM 28 days to review their decision or forward to them the bundle and send all the relevant documents to the court and send a copy to me and my lawyers but till date I have not heard anything from the ECM.In the letter the court said they will contact me after 13 June so I called them yesterday and they said they have also not recieved anything from the ECM.So they are going to follow up or they will write to me.Am getting frustrated I need help


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## joyfulgirl (Jan 19, 2016)

We're in the same boat as you. Tribunal gave the ECM till the 25th of June to send their bundle but nothing and even worse is Tribunal said there's nothing they can do about it. I guess we'll just have to wait till we hear from them.


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## Illusionaryman (Jun 30, 2016)

Joppa said:


> Thirdly, every appeal process first goes through review by Entry Clearance Manager (ECM), who will look at your application afresh and see if any errors have been made when processing it or they have misinterpreted your situation.


How long does this on average take?


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## mays1994 (Jan 23, 2017)

*visa refusal*

Hi 
If a spouse visa was refused in Iraq, can the appeal be lodged in UK ? or would it have to be appealed in the country it was refused ? any advice would be great


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