What is a refusal letter?

A refusal letter is the written notice the Home Office sends when it refuses a visa or immigration application. GOV.UK calls it a decision letter. It usually says whether the applicant can ask for an administrative review or appeal to a tribunal, and the time limits for those steps run from the decision.

How a refusal letter works

When UK Visas and Immigration (UKVI) refuses an application, it sends a written notice of the decision. GOV.UK calls this the decision letter. This glossary uses the plainer term refusal letter.

The letter matters for two reasons. It records what was decided. It also usually tells you which, if any, challenge is open to you. GOV.UK says you will be told in your decision letter if you can ask for the decision to be reviewed.^{[1]Home Office, Ask for a visa administrative review (if you're in the UK)} It also says the letter will usually tell you if you can apply for an administrative review and if you do not have the right of appeal.^{[2]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online}

The letter is also the start of the clock. The time limits for a review or an appeal are counted in days from the decision, so the date the letter arrives matters.

What to check in the letter

The official guidance points to several things that sit in or are found through the refusal letter.

The Immigration Rules say that an administrative review looks at whether the decision maker failed to apply, or wrongly applied, the Immigration Rules or published guidance.^{[4]Home Office, Immigration Rules Appendix Administrative Review}

If you appeal to the tribunal, the rules say you must send the notice of the decision with your notice of appeal, together with any statement of reasons for it.^{[5]legislation.gov.uk, The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, rule 19} The letter is therefore a document the appeal itself needs.

The time limits that depend on the letter

Each time limit depends on where you were when the decision was made and on the kind of decision. These are the figures on the pages above.

For an administrative review of a refusal made in the UK, the limit is 14 days. If you were detained on the day of the decision, it is 7 days.^{[1]Home Office, Ask for a visa administrative review (if you're in the UK)}

For a tribunal appeal, the limit is 14 days from the date you received the decision letter if you are inside the UK, and 28 days if you are outside the UK.^{[2]HM Courts & Tribunals Service, Appeal against a visa or immigration decision: appeal a decision online}

For a reconsideration request, you must act as soon as possible and no later than 14 days after you get the decision.^{[3]Home Office, Visa and immigration reconsideration requests}

The tribunal rules word the in-the-UK appeal limit slightly differently. Rule 19 says the notice of appeal must be received not later than 14 days after the person is sent the notice of the decision.^{[5]legislation.gov.uk, The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, rule 19} The two wordings differ, so a solicitor should confirm how to count the days in a particular case.

Example

Ngozi is in the UK and her application to extend her Skilled Worker visa is refused. The refusal letter says she can ask for an administrative review. She receives it on 3 June.

• She has 14 days to apply, so the last day is 17 June.
• The fee is £80.
• She cannot normally ask for a second review.

She applies online on day 10, which is inside the limit. These steps and figures come from the GOV.UK page for people in the UK.^{[1]Home Office, Ask for a visa administrative review (if you're in the UK)}

What people get wrong

People often read a refusal letter for the reasons and miss the part that says what can be done next. That part decides whether the route is an administrative review, a tribunal appeal or neither, and each has its own short time limit.

The second mistake is to think that any route to challenge is open. GOV.UK says you cannot make a reconsideration request if you have a right of appeal or a right to an administrative review. Your letter will usually say which of these you have.^{[3]Home Office, Visa and immigration reconsideration requests} Making any other immigration or visa application while a review is pending will also withdraw the review.^{[1]Home Office, Ask for a visa administrative review (if you're in the UK)}

The bottom line

A refusal letter is the Home Office notice of a refused application. It records the decision and usually tells you whether you can ask for an administrative review or appeal. The time limits are short and are counted in days, so the first step is to read the letter and note the date it arrived. A solicitor can confirm which challenge fits the decision in your letter.