Filling visa forms seems quite simple. Yet, why do so many applicants get refused? There can be several reasons for a refusal. The most common ones are:
- Inability of the aplicant to satisfy the case officer
A high percentage of applicants who apply on their own get refused. Often, we’re approached by applicants that have been refused even though they were eligible. It’s not only sufficient for you to be eligible for a visa, you must also submit clear, verifiable evidence to prove that you should be granted a visa. Visa officers are bound by policy and may not grant you a visa if they can’t see enough proof that you meet all the requirements.
Sometimes all the evidence may be submitted but the application still fails because it may not have been presented in a clear and professional manner. Not only does one need to understand the eligibility criteria, but one must also have a sharp knowledge and understanding of policy in order to have a successful visa application.
- Administrative Error
Visa officers are human after all and sometimes do make mistakes. However, there are provisions in place for an applicant to challenge the decision of a visa officer by making a formal appeal or request for an administrative review.
- Incorrect Advice
The immigration and visa advice profession is not regulated in India. There is no requirement for mandatory legal qualifications, registration or licensing in order to become a visa or immigration agent. Thousands of applications fail each year because they are prepared by un-trained and inexperienced individuals.
Unfortunately many applicants are deliberately misled by reckless agents and are encouraged to apply for wrong visa categories that they were not even eligible for. We receive several enquiries each month where a potentialy successful applications get refused because of wrong advice.
HOW WE CAN HELP IF YOU HAVE BEEN REFUSED
Commonly, there are three options for refused applicants:
1. Formal Appeal/ Administrative Review :
If your application has been refused wrongly or because of an error on part of the visa officer, an appeal is generally the best option. However, you must be legally eligible for making an appeal. The right to appeal is available to applicants for certain visa categories only. An appeal is decided by the relevant High Commission or an Appeals Tribunal. If your appeal is successful, the decision to refuse is reversed and the applicant is subsequently granted a visa.
2. Informal review request:
If your application has been denied due to oversight or a simple mistake, it may be possible to request the case officer to review your application.
3. Re-application:
Many applications fail because they were poorly prepared. They may lack the necessary information or evidence in order to be successful. Sometimes they may even contain mistakes or wrong information if they are prepared by an inexperienced peson. Such cases are very unlikely to win an appeal. Therefore, the best recourse is to prepare and submit a fresh application which clearly meets the requirements and addresses the shortcomings of the previous applications.
The Next Step
If you have been refused, don’t lose hope. It doesn’t matter how complex your case may be. We’ll evaluate your options and inform you if it’s legally possible to get the decision overturned. Please contact us for details.
