Immigration Corner | Requesting the authorities to reconsider visa or immigration decision

Dear Mr Bassie,

I understand that it may be possible for me to ask the relevant British authorities to reconsider a decision made on a visa application. Any information provided will be greatly appreciated.

ML

Dear ML,

Persons may 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’. It 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 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 UK to make the request and can only make a request if they applied in the UK to:

• Transfer their visa to a biometric residence permit – known as a ‘transfer of conditions’ (TOC)

• Transfer their indefinite leave to remain a biometric residence permit – known as ‘no time limit’ (NTL)

• Extend their leave, switch their visa, or settle in the UK

They 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 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 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 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. The decision letter will usually advise whether applicants have either of these rights.

WHEN A PERSON’S REQUEST WILL BE REJECTED

A person’s reconsideration request 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

To make a request, people should write a letter saying why they think the decision was wrong. Refer to the rules or policy under which they applied – check the guidance for their application to find the right rules or policies.

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

It is important to note that the request must be made as soon as possible and no later than 14 days after receiving the decision on the application. Also, it should be noted that persons can only make one reconsideration request.

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 guidance requirements are met.

All the best

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, the global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com