Graduate Visa Refusal
The client applied for a Graduate visa in 2024, following the expiration of their student visa. This application included a request for their spouse as a dependent partner. The immigration office denied both applications, stating they were not submitted within the required timeframe and lacked sufficient justification for the delay, which the client attributed to their university's delay in providing final results. The client claims they submitted their application within the 14-day period after their visa expired; however, confusion arose as the immigration office referenced a document from October 2024, which the client believes relates to their biometrics appointment. The refusal notices cited that their applications did not meet the criteria outlined in immigration rules. The client is based in England and has been provided 14 days to pursue a review of the decision.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat is the best course of action to address the refusal of my spouse's visa application, and should we consider an administrative review or appeal?
To address the refusal of your spouse's visa application, you might consider an administrative review if you believe there was an error in the casework, such as a misinterpretation of the application date or oversight in evaluating your circumstances. You have 14 days from the receipt of the decision to submit this request. Be sure to document evidence regarding the submission dates and reasons for any delays.
Can you help clarify why the delay caused by my university was not considered a valid reason for the delay in my visa application?
The immigration office typically adheres strictly to application deadlines. Although your university's delay was outside your control, it seems that the immigration office did not view this delay as a sufficient reason based on their criteria. They often demand compelling evidence that the delay was unavoidable. Proactive measures, like requesting interim documents from your university, may also be expected.
How can I effectively demonstrate that I submitted my application on the specified date, and can I prove this to the immigration office?
To show that your application was submitted on the specified date, you can provide a submission confirmation email or receipt from the online system, which should include the date. Additionally, payment confirmation for your visa application may support your claim. Since the refusal letter refers to a later document, it is essential to clarify the difference between this date and your actual submission date.
Is there a legal basis for challenging the decision based on my circumstances and the evidence I provided?
There may be legal grounds to challenge the decision, particularly focusing on the immigration rules that allow for late applications if there's a "good reason beyond the control" of the applicant. Documenting the university's delay and any correspondence may strengthen your case.
Given my spouse's application has been refused, but I have not received correspondence regarding my own application, what steps should I take to follow up?
To follow up on your application status, contact the immigration office directly to request an update using your reference number. If you have not yet received a decision, consider consulting an immigration adviser for assistance. Keep thorough records of all communications.
