My UK student visa application has been refused, what can I do?

Your refusal letter will indicate the remedies, whether you can apply for an administrative review if there has been a caseworking error, or the reasons for the negative outcome of the application.

There is no cooling off period, so you can apply as soon as you obtain a new CAS (Certificate of Acceptance of Studies) from your sponsor.

Your application may have been refused based on a technicality, or there may be better options for you if your EEA parent was a UK residence before Brexit.

In this article our expert visa application lawyers walk you through what you need to think about.

The refusal letter will tell you the reasons for the refusal. If you believe the caseworker has made a mistake, you can apply for an Administrative Review. You cannot supply new evidence under this process.

The review may take longer to be decided than applying for a new visa. If your course is about to start, it may be better to make a fresh application.

An unchallenged refusal will make you lose your application fee but the Immigration Health Surcharge will be refunded.

You will need a new CAS from your sponsor for the fresh application, you cannot rely on the one used for your previously refused visa.

There is no cooling off period, you can apply as soon as you meet the requirements of the Immigration Rules.

An application can be rejected as invalid if the applicant has submitted the wrong form, or completed an incorrect biometrics enrolment process. This is different from a refusal, and cannot be challenged. A fresh application will be required, but the same CAS can be relied on, as the previous application has not been refused.

An application can be refused when, after validation, the applicant has not submitted the correct supporting documents, information, or has previous criminal convictions, adverse immigration history etc. A refusal letter will be issued explaining the decision, and the potential remedies, such as a right to an Administrative Review.

In both instances you are encouraged to seek professional advice to minimise waiting times and increase your chances of a smooth follow up process.

Your refusal notice will explain how to exercise your right to an Administrative Review and the applicable deadline. This review will go to a different department within the Home Office, and will not admit further evidence or information. The decision will be reviewed in line with the original documents available.

It is sometimes more practical to submit a fresh application, with a new Certificate of Acceptance of Studies (CAS), and correct documentation, to ensure a swift approval and the opportunity to join the course at the start, rather than to pursue a review that may delay your arrival in the UK.

It is highly advisable to discuss with an expert to see what the best option is before taking any action.

Yes you can apply as soon as you have a new CAS and meet the criteria in the rules, for which your previous application was refused. If your application was rejected as invalid, you may still be able to use the same CAS.

If you have an EEA parent who lived in the UK for five consecutive years prior to Brexit, you may be able to benefit from the EU Settlement Scheme. Firstly, a late application for the person who lived in the UK would have to be prepared, including reasonable grounds for having missed the 30.06.2020 deadline.

If the application is accepted as valid, and later on approved, the settled parent can sponsor children of up to 21 years of age to receive the same status as their parent. If they are over 21 years but still dependant, they can also apply for Presettled status based on the parent’s sponsorship.

These applications are free and allow the individual to study without visa sponsorship, including State schools. These cases are generally complex and must be substantially documented. We have extensive experience in late EUSS applications: if you lived in the UK before Brexit, please speak to a member of our team to discuss the best way forward in your circumstances.