Immigration Corner | Request for reconsideration of a visa or immigration application

Dear Mr Bassie,

I am told that it is possible to request that an unfavourable decision on a visa or immigration application be reconsidered. If this is so, I would appreciate any insight that you might be able to offer.

– W.F.

Dear W.F.,

Persons might be able to ask for the decision on their visa or immigration application to be reviewed if they had applied in the United Kingdom (UK). This is known as a ‘reconsideration request’. Please note that this is not a formal appeal or an administrative review, and persons cannot ask for a reconsideration if they have a right to an appeal or a review.

WHEN A RECONSIDERATION REQUEST CAN BE MADE

Persons can make a reconsideration request if they believe that immigration rules or policies were not followed correctly when the decision was made. They must be in the United Kingdom to make the request.

Persons can only make a request if they 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 that 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 that made the decision.

These are the only kinds of new evidence that persons can use. 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 are encouraged to read the guidance on reconsidering visa or immigration decisions and use the information in their decision or refusal letter to decide if they can make a request.

WHEN RECONSIDERATION REQUEST CANNOT BE MADE

Persons cannot make a reconsideration request if they have a right of appeal or right to an administrative review against the decision. Please note that the decision letter will usually state whether persons 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 sending the request.

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

• Left the UK and their permission to stay has expired.

• Were removed or deported from the UK.

• 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. Persons should refer to the rules or policy under which they applied and check the guidance notes for their application to find the right rules or policies.

Persons should then send their request to the team that made the decision on their original application. Please be aware that the address will be shown on the decision letter.

It is important to note that an applicant 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 persons can only make one reconsideration request.

Just for completeness, please be aware that if requests were 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, global vice president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com