For individuals submitting DIY (Do-it-Yourself) visa applications and not getting it right the first time, the process can be stressful, disheartening, costly and detrimental to families.
How involved is the process?
The Home Office website would lead you to believe that the process is simple and low stress. However, this is unfortunately not true, with every individual case being different.
While it might seem smart to try and minimise spending on an already expensive immigration process, completing the application yourself might not have the desired outcome. It can have an impact on relocating to the UK or plans to remain in the UK.
A single error such as inconsistent documents, missing deadlines or insufficient financial evidence can lead to rejection.
When the immigration application is refused, this can lead to increased scrutiny on future applications depending on the reason for rejection.
It is therefore important to be aware of the different reasons why a visa application can be rejected for the UK, some of which are listed below:
- Criminality
A common reason why visas are rejected is an applicant’s criminal history, including involvement in illegal activities or being a security concern. If you have an existing criminal record, this can threaten your prospects of approval for obvious reasons, but it is not always the case. Applicants are required to disclose all offences and consequent penalties both in the UK and overseas. Failure to declare this information may lead to refusal of the application.
- Insufficient funds
It is mandatory as part of your application to provide evidence that you have sufficient funds to sustain yourself and your family once you are in the UK. This will usually be evidenced by providing bank statements, payslips and other required documents depending on the application type. Failure to provide such evidence could lead to your visa being rejected. In some cases, it will also be necessary to show that you have enough savings.
It’s crucial to demonstrate that you can financially support yourself and any dependents, thereby minimising the chances of being perceived as a potential burden on resources.
- False representations
‘Representations’ refers to statements or assertions, which in the context of a visa application, will be made in writing by the applicant or a third party. ‘False’ means ‘not true’, ‘misleading’ or ‘incorrect’. As important as it is to make sure you are filling out the form correctly as per the paragraph below, you also need to make sure you are not being misleading and omitting vital information about your situation or being intentionally deceptive. Misleading information can be related to personal circumstances as well as information about earnings. ‘False documents’ relate to things such as:
- A document which has been altered or tampered with;
- A counterfeit document;
- A document which is being used by an imposter;
- A document which has been fraudulently obtained or issued; or
- A document which contains a falsified entry clearance, visa or endorsement.
- Failure to fill out form adequately
If your application form has incorrect or incomplete information, such as wrong names or addresses and if you have failed to provide the correct documents, this will negatively affect your application. You must make sure you are filling out your application form correctly. It would help to review the form a few times before submission. You also need to carefully examine the list of documents to ensure you have not overlooked any. Missing or incorrect documents can prove detrimental to your application; gather all relevant correspondence, letters and anything else you are using to support your application and this will decrease the risk of your visa getting rejected.
- Previous breach of immigration laws
A person will have previously breached the UK’s immigration law when, aged 18 or over, they have:
- Overstayed (unless an exception applies);
- Breached a condition of their permission;
- Been, or are, an illegal entrant (‘illegal entrant’ includes those who have attempted to enter illegally); or
- Used deception in an application for entry clearance or permission to enter (whether the application was successful or not).
When a person has been in breach of immigration laws, the caseworker in this situation will have to consider when this breach took place in the UK and whether the application is within the relevant time. Approval or rejection will fall to the discretion of the caseworker assigned to your application.
Although visa applications can be a daunting process, understanding the reasons above should put you in a better position to ascertain what you need and how to go about applying for a visa. Prepare carefully and pay close attention to detail, as even minor mistakes can have significant consequences. Ensure you fully understand the requirements of the visa category you are applying for so that nothing is overlooked.
What happens if your application is rejected?
If you have submitted a DIY application that has been refused, you will receive a Reasons for Refusal Letter (RFRL) detailing why. You will have the following options:
- Be given the right to appeal the decision in-country or out of country.
- Be able to submit an Administrative Review (AR) if the caseworker made a mistake.
- Submit a new application again and repay the costs of the application.
What will an immigration lawyer do for me?
Although it involves a greater upfront cost, having specialist help with your application can save you stress, time and money in the long run.
Considering how complex the application process and immigration law is and the many opportunities to get it wrong, it is important to pursue legal advice before you begin.
Talking to experts can prevent the dread of receiving a rejection letter in the post and give you the confidence your application is up to scratch.
Follow up
If you are planning to complete a UK visa application yourself or have been handed a refusal and want to make sure it doesn’t happen again, we would be happy to talk.
UK immigration rules change regularly, and rules that applied to a friend or family member may no longer apply.
Proactive advice can avoid delays, minimise stress and improve your chances of success.
Please get in contact with one of the members of our team to check your application and make sure you get it right the first time around.