Visa And Immigration Reconsideration Requests
You might be able to ask for the decision on your visa or immigration application to be reviewed if you applied in the UK.
This is known as a ‘reconsideration request’. It isn’t a formal appeal or an administrative review. You cannot ask for reconsideration if you have a right to an appeal or a review.
You can make a reconsideration request if you believe immigration rules or policies weren’t followed correctly when the decision was made.
You must be in the UK to make the request.
You can only make a request if you applied in the UK to:
- transfer your visa to a biometric residence permit – known as a ‘transfer of conditions’ (TOC)
- transfer your indefinite leave to remain to a biometric residence permit – known as ‘no time limit’ (NTL)
- extend your leave, switch your visa or settle in the UK
You can make a request if your application for TOC, NTL or leave to remain was successful but you believe the type or the expiry date of the leave is wrong.
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
- new evidence to prove that your documents were authentic
- evidence that information received by UK Visas and Immigration (UKVI) before the decision date was not available to the team who made the decision
These are the only kinds of new evidence that you can use. You cannot make a request if it relates to any other sort of new evidence that wasn’t received by UKVI before the decision date.
When You Cannot Make A Reconsideration Request
You cannot make a reconsideration request if you have a right of appeal or right to an administrative review against the decision.
Your decision letter will usually tell you if you have either of these rights.
When Your Request Will Be Rejected
Your reconsideration request will be rejected if you:
- make a new application before or after you send the request
- have since been given permission to stay in another visa category
- left the UK and your permission to stay has expired
- were removed or deported from the UK
- have already exhausted your appeal rights or lost your case in a judicial review
- need to make an appeal or apply for an administrative review instead of making a reconsideration request
How To Make A Request
Write a letter saying why you think the decision was wrong. Refer to the rules or policy under which you applied – check the guidance for your application to find the right rules or policies.
Send your request to the team who made the decision on your original application – the address will be shown on the decision letter.
You must make your request as soon as possible and no later than 14 days after you get the decision on your application.
You can only make one reconsideration request.
If you made your request before 13 November 2012 (known as a ‘legacy request’) and your immigration status is still not resolved that request will still be considered as long as you meet the guidance requirements.