Receiving a refusal of a visa or permanent settlement application or encountering issues when dealing with the Home Office can be deeply frustrating, even devastating. This is especially the case if you are reliant on a successful and timely decision to allow you to move on to the next stage of your life. Having assisted many thousands of personal and business clients with their UK visa applications, we know that even small mistakes can lead to a refusal decision. The frustrating part is knowing that had the application been checked before submission or if the guidance and rules provided had been followed, the outcome would have been very different. Having received an adverse decision from the Home Office, applicants then find themselves having to submit a new application, appeal, or lodge an administrative or even judicial review to progress their matter. In this article, we will explain some of the most common mistakes to avoid when applying for a UK visa. In particular, we will look at the three categories of validity, suitability, and eligibility to better understand how to ensure your visa is approved.
Validity – common mistakes to avoid
Under part 1, paragraph 34 of the immigration rules, when the Home Office checks ‘validity’, they check that the visa application itself meets their procedural requirements. As the Home Office guidance states, “An application for permission to stay which does not meet the requirements of paragraph 34 will be rejected as invalid and not considered”.
In order for your visa application to be considered valid, it is important to avoid the following common mistakes:
- Not using the correct and latest version of the visa application form
- Not completing all of the mandatory sections of the application form
- Not paying the correct application fee unless you are entitled to a fee waiver
- Not paying the Immigration Health Surcharge where required
- Not providing the correct proof of identity– this must be a valid passport or, if an applicant does not have a valid passport, a valid national identity card, or a valid travel document (there are some exceptions to these rules, which may apply in some circumstances).
- Not using the correct process.
- Not providing the requested documents/evidence.
Suitability – common mistakes to avoid
Once the Home Office is satisfied the application validity requirements have been met, they will check your suitability as an applicant. Under the suitability rules, a visa application may be refused due to false representations, deception, false documents, or nondisclosure of relevant facts. The Home Office will take into account whether any mistakes made on the application were a genuine attempt at deception or it was an innocent mistake.
In order for you to be considered suitable as an applicant, you must not:
- Have a history of overstaying in the UK (i.e. staying past the validity of your visa)
- Be on immigration bail
- Meet the grounds for refusal under part 9 of the immigration rules, i.e.:
- Have been excluded from the UK
- Where your presence in the UK is not conducive to the public good because of their conduct, character, associations or other reasons
- Criminality – past criminality will not always lead to refusal; this will depend on the type of sentence, the duration of any sentence, and whether you are a persistent offender who has shown a disregard for the law.
- Involvement in a sham marriage or civil partnership
- Providing false information in documents with your application
- Have previously breached the immigration rules (e.g. overstaying) – again, overstaying may not lead to the refusal of your visa application, this will depend on how long ago the period of overstaying was and whether you left voluntarily
If you are concerned that you may be deemed unsuitable by the Home Office for any of the above reasons, it is important to seek the help of an immigration Solicitor before you apply. If they agree that you may not meet the suitability requirements, they will recommend the best course of action. This may be to delay your application, provide a cover letter with your application, or gather additional documents/evidence to support your case.
Eligibility – common mistakes to avoid
All UK visas have a set of eligibility criteria that must be met in order to make a successful application. For example, the Skilled Worker visa requires applicants to have a job offer from a licensed employer in an eligible role and meet the minimum income requirements. Family visa applicants must have an eligible family member who is a British national or settled in the UK. Innovator Founder visa applicants must have a business idea that has been endorsed by an approved endorsing body in the UK.
The Home Office will only consider whether you are eligible for the type of visa you are applying for, even if you meet the validity and suitability requirements. Unfortunately, many applicants fail to check the eligibility rules for the type of visa they are applying for, resulting in refusal. It is essential that you understand each of the eligibility requirements and ensure that you meet each. You must also gather the documents and evidence needed to prove your eligibility. Being eligible is not enough; you must prove it. For example, to show that you have enough money to support yourself in the UK, you must provide a bank statement showing that you have sufficient funds, and these must have been held for at least three months.
Another common reason for refusal is choosing the wrong immigration route. We will check which visa is the best for your needs, including those that applicants may not be aware of, such as the self-sponsorship route. Self-sponsorship enables applicants to work in the UK by setting up their own business here and sponsoring themselves, thereby avoiding needing a job and working for an employer.
Final words
As we have explored in this article, there is a great deal that you can do to avoid the common visa application mistakes that lead to refusal. Due to the complexity of the UK immigration rules, we recommend having your visa application prepared or checked by an immigration lawyer. Immigration lawyers understand how the Home Office check for applicant eligibility and the proof they require. We will review your eligibility and that of your family members and prepare your application on your behalf. We will also ensure that the required documents have been collated and provided to the Home Office.
A Y & J Solicitors is a specialist immigration law firm with extensive experience with all types of visa applications. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us on +44 20 7404 7933 or contact us today. We’re here to help!
