If you apply for a UK visa and it is a success the first time you apply. However, depending on the type of your visa application, this may not always be the case and your visa application may be rejected.
A rejected visa application may have a number of significant consequences for you and your family. It is easy to get caught up in a vicious cycle of misfortune. Some visa types allow you to apply again, while others require you to leave the country and apply again. Sometimes, you may be caught in the appeal process as there may be no other way to reverse the disadvantageous decision made in your application.
Therefore, starting to work with an OISC regulated immigration adviser, like myself, early on in the process may help ensure that your UK visa application process is successful.
The most common mistakes UK visa applicants make
These are some of the most common mistakes that I see when clients attempt to process their own UK visa application themselves.
Choosing the Wrong UK Immigration Category
Choosing the wrong UK immigration category for your UK immigration application. There are a number of different UK immigration categories that may apply to your circumstances. You are better off choosing the most suitable UK immigration category for your circumstances.
Some of the most common misunderstandings that I see are:
- Applying for business visitor visa instead of Skilled worker visa and vice versa;
A lot of applicants do not really realise that a business visitor visa only allows you to visit short-term and does not allow you to work in the UK. Therefore, if you are only looking to attend business meetings in the UK and not to work in the UK. A UK business visitor visa is the more appropriate UK visa for you.
- In family visa applications, it may not be as obvious whether a marriage visitor visa, fiancée visa or a spouse visa is the right choice for you.
A marriage visitor visa allows you to enter the UK to get married. However, you are not allowed to remain in the UK after getting married. If you want to get married in the UK and you are marrying a British citizen or EU settled person or anyone else settled in the UK, a fiancée visa is the right option for you.
You may want to get married outside the UK and come to live in the UK. Then the correct choice is the spouse visa. You need to make sure that your sponsor meets the stringent requirements that apply for spouse visa application in the UK. Otherwise, you may not be allowed to enter and stay in the UK.
- What UK immigration category is right for you?
Sometimes depending on your circumstances, it may not be obvious what UK visa is more suitable for you. Therefore, I always encourage you to seek independent UK immigration advice. You may search for the closest OISC regulated UK immigration adviser here.
Wrong Legal Basis
Sometimes you may be applying for the correct UK immigration route. However, there are certain nuances that may be confusing and you may end up applying for the wrong legal basis.
For instance, in family applications, it may not be apparent what UK immigration route is more appropriate for you and your family:
- You may be tempted to apply for a 10-year settlement route when you are perfectly eligible for a 5-year settlement route.
- There are also several UK immigration categories that are outside UK immigration rules and you may be tempted to pursue one of these categories.
- You may also be tempted to apply for the UK immigration category on the basis of your family while you have the legal entitlement directly yourself.
A word of caution. At all times you need to apply under the correct UK immigration category and under the correct legal basis. Failure to do so, may result in very unfavourable consequences that at times may be quite difficult to rectify if at all.
Misunderstanding Rules and Requirements
Perhaps, the most puzzling experience is for the British citizens who are native English language speakers when one realises that native language skills are insufficient for the purposes of a UK visa application. You need to know the rules and requirements for your application to be successful.
You may be acting as a sponsor to your overseas spouse and the rules and requirements may be quite confusing to make a good sense of them.
In fact, it is widely accepted that UK Immigration Rules that apply for family based applications are very difficult to read and understand even for lawyers. Therefore, specific training may be required before you even attempt to apply yourself.
Misunderstanding the Evidence Required
Misunderstanding the evidence required for your UK visa application to be successful is another reason why your UK visa application may be rejected.
I often see incorrect evidence submitted or submitted in an incorrect format and then it being rejected by the Home Office.
Therefore, you need to be very clear on what type of evidence is required and how it needs to be presented for your visa application to be successful.
To be fair, even if the UK Immigration Rules do list some specific evidence requirements for some of the visa applications. However, these lists are not necessarily exhaustive and you may be in a position trying to second-guess to make sure your application is a success.
How can an OISC regulated UK immigration adviser help you?
Choosing the right UK immigration adviser for you and your family can help you to:
- Secure UK visa approval the first time you apply;
- Make sure you choose the correct UK visa category;
- Apply under the correct legal basis, which suits your personal circumstances;
- Understand the UK immigration rules and requirements and how they apply to your circumstances;
- Produce correct evidence in the format required;
- Monitor changes in law. UK immigration rules are updated twice a year;
- Support you and guide you in your UK immigration application process.
Therefore, working with an OISC regulated UK immigration adviser early on may significantly improve your chances for your UK immigration to be successful.
Want to make sure that you are applying for the right visa for you and your family and you want to increase your chances of success for UK visa applications, schedule a phone call with me.
Saule Voluckyte, M.A.E.S, LL.B, FAIA
I have been working exclusively with UHNWI in Mayfair, London since January 2008. I built specialist knowledge and expertise required to serve ultra high net worth individuals investing, operating and relocating to the UK or Switzerland.
Within the industry, I am the single adviser who is able to traverse the different areas of expertise and bring a comprehensive approach across: global structuring, UK immigration, international taxation and FOREX to develop their global wealth strategy, while they build, grow and expand their wealth worldwide.
Previous experience as one of the senior advisors for the government, made me a go-to person when delicate and uncomfortable scenarios involving heads of state need to be handled with care and preserve privacy.