Your EEA Visa Was Refused – What Next? We’re With You Every Step

The UK Home Office will write to you after an EEA visa is refused, explaining why, for example, insufficient documentation, financial concerns, or doubts about your relationship. There are three options:

Appeal the decision

• Who can appeal? Check the refusal letter to see if you have any rights. For EEA cases, your full right is under the Immigration Regulations 2016 (European Economic Area).
• How To Appeal Submit online through MyHMCTS, or use forms such as IAFT-6 to appeal EU Settlement Scheme questions. The fee for an appeal is PS80 if you do not have a hearing and PS140 if you do.
• Timeline You have 28 calendar days to file if you are outside of the UK and 14 days for those who are inside. Hearings can be public or private, depending on the situation.

Request a Administrative Review

• Eligibility Not all refusals are eligible; your letter will tell you if they can. This is for errors in casework, not substantive issues.
• Process : You must apply within 14 days (7 in case you are detained), and pay PS80. This is refundable if the application is overturned.

Submitting a New Applicant

• When to choose: Best when minor errors such as missing documents are present. Make sure all issues have been resolved before reapplying.
• Legal Assistance: A lawyer who specializes in immigration law can assist with accuracy.

Unexpected Detail: Brexit Impact

After Brexit, EEA Rights are now covered by the EU Settlement Scheme. This affects appeals for settled status or pre-settled. Understanding the scheme (GOV.UK-Settled Status for EU citizens) is important because your refusal could be based on new rules.

The Survey Note: A Comprehensive Guide on Visa Refusal in the EEA and Next Steps

This guide provides a comprehensive overview of the options that are available to applicants who have been refused an EEA visa. It will help them navigate the UK immigration system by March 2025. This guide incorporates the insights of legal experts as well as official government resources to ensure a thorough understanding of the entire process.

Introduction to EEA visa refusal

It can be a daunting experience to receive a rejection for your European Economic Area visa, but this is not the end. The UK Home Office issues a “Reasons For Refusal” (RFRL) which is crucial for understanding the next steps. Some common reasons for refusal are:

• Insufficient documentation: Failure to submit all documents required or submission of invalid ones.
• Financial Requirements Not meeting financial thresholds, or not demonstrating adequate support.
• Concerns about a genuine relationship: When family allows, there are doubts as to the authenticity of the relation.
• Additional EEA Specific Issues Not meeting the requirements of the Immigration Regulations (European Economic Area), 2016, incorrect documents (especially self-employed), risk to public safety or health, or deceptive application.

The statistics highlight the problem: the refusal rate of EEA Permanent Residence cards is around 28%. This highlights the need for meticulous planning and possibly legal assistance.

Post-Brexit Context

The EU Settlement Scheme has been in place since the UK left the EU. This scheme gives EEA citizens and their families the right to settle in the UK. The EU Settlement Scheme allows people who have lived in the UK for the duration of the transition to apply for settled status or pre-settled. This scheme is prone to rejections, and appeals may require specific forms such as IAFT-6. Family permits and residence cards are still valid for those living outside of the UK. However, they will be governed by post Brexit regulations that may affect how you appeal or reapply ( GOV.UK-Settled Status For EU Citizens).

Options after Refusal

There are three main options with their own processes and considerations.

1. Appeal the decision
   • Right of Appeal You can appeal only if the refusal letter says you have the right. This is usually the case for EEA cases, under the 2016 Regulations. Consult a lawyer or immigration advisor if you are unsure ( Find a Legal Advisor on GOV.UK).
   • Timeframe You have 14 days from the date of the decision if you are inside the UK or 28 days if you’re outside. You still have 28 calendar days if you leave the UK before you appeal.
   • The Procedure :
     • The preferred method is to use MyHMCTS. You will need your Home Office reference, documents supporting the claim, and your contact information.
     • Use forms such as IAFT-6 to appeal EU Settlement Scheme (e.g. family permits, travel permissions) or IAFT-5 to appeal deportation under EEA Regulations (GOV.UK – Appeal Forms).
   • Options for Hearing Choose from document-only review, or request an oral meeting. Hearings can be public or private, depending on the safety concerns. You can also request a male or female judge.
   • Fees : PS80 with or without a hearing. PS140 if you are eligible for legal assistance.
   • Challenges : Due to Home Office backlogs and processing times of 40 weeks, Appeals may face delays as early as 2025.
2. Request an Administrative Review
   • Eligibility Not all refusals are eligible; your letter will state if this is the case. This is for errors in casework, not substantive issues.
   • Procedure: Must be submitted within 14 days (seven if you are detained) and costs PS80. Refundable if the application is overturned.
   • : A quicker way to correct administrative errors, but with a limited scope in comparison to an appeal.
3. Submitting a New Applicant
   • When to choose: Ideal when there are minor mistakes, such as missing documents or errors in the form. It can be quicker to reapply than appeal, especially with the delays at tribunals.
   • Steps :
     • Examine the refusal letter, and make sure you address any issues such as missing documents, financial stability or evidence of a genuine relationship.
     • To avoid any further refusals, ensure that all documentation is complete and accurate.
   • Legal Advice: Consulting an immigration lawyer will improve the quality of your application, due to its complexity and high rejection rates. Legal experts can identify any gaps in your case and help strengthen it ( Immigration Advice Service- Visa Appeal Process).

Detailled Appeal Process

Here’s the breakdown for those who choose to appeal:

Legal representation is essential, as lawyers can help prepare documents and represent you before the tribunal. This could resolve issues at the UKVI level with strong arguments.

Considerations and Practical Tips

• Seek Early Legal Advice : Due to the complexity of this situation, particularly post-Brexit a legal opinion can help clarify whether you should appeal, review or reapply. 
• Documentation: Verify that all documents are correct, as mistakes are a common reason for refusal. Financials are typically scrutinized more closely by self-employed applicants.
• Cost Effectiveness: Compare the cost of an appeal (PS80-144) with a reapplication. Also, consider tribunal delays (upto 12 months) and quicker reapplications (Gulbenkian-How to Win An Immigration Appeal).
• Brexit transition If you refuse to accept the settled status of the EU, make sure that you understand its implications and comply with post-Brexit regulations.

Final Thoughts

Understanding your options is key to navigating an EEA refusal. Success is dependent on addressing the reasons for refusal and using legal advice. It can be a complex process, especially when Brexit is involved, but you can increase your chances of success with expert guidance and careful planning.