You can request Home Office to review your visa and immigration application if you believe immigration rules or policies were not followed when the decision was made on your application.
A reconsideration request is not a formal appeal or an administrative review. If you have been given a right to an appeal or a review, you cannot ask for a reconsideration.
When you can make a reconsideration request
In order to request a reconsideration, the applicant must make the request from within the UK.
You can only make a request if you applied in the UK to:
- transfer your indefinite leave to remain to a biometric residence permit – known as ‘no time limit’ (NTL)
- transfer your visa to a biometric residence permit – known as a ‘transfer of conditions’ (TOC)
- extend your leave, switch your visa, or settle in the UK
The request can be made if the applicant believes that the application for the above-mentioned cases was successful but the type or the expiration date of the leave is not correct.
You can also make a request if your TOC or NTL application was refused and you have any of the following:
- new evidence about the date of the application
- evidence that information received by UK Visas and Immigration (UKVI) before the decision date was not available to the team who made the decision
- new evidence to prove that your documents were authentic
Above mentioned points is the only evidence that the applicant can use. Request cannot be made if it relates to any other sort of evidence that wasn’t received by the Home Office before the expiration date.
When you can’t make a reconsideration request
Reconsideration requests cannot be made if the applicant has a right of appeal or right to an administrative review.
The Right of Appeal or right to an administrative review can be checked from the applicant’s decision letter.
When your request will be rejected
The reconsideration request will be rejected if you:
- left the UK and your permission to stay has expired
- make a new application before or after you send the request
- were removed or deported from the UK
- have already exhausted your appeal rights or lost your case in a judicial review
- have since been given permission to stay in another visa category
- need to make an appeal or apply for an administrative review instead of making a reconsideration request
How can Axis Solicitors help me with a Reconsideration Request?
At Axis Solicitors, we have a team of specialist immigration solicitors who will always act in your best interests. Client satisfaction is extremely important to us. Our Specialist Immigration Solicitors will assess your case and decide whether the application has prospects of success and advise you accordingly discussing the best way forward.