Challenging a Visa Refusal Based on a Misapplied Criminality Threshold

Our client came to us after facing a significant challenge in securing a UK visitor visa due to a historical criminal conviction that involved both time served in custody and a suspended custodial sentence. We carefully assessed the circumstances of the conviction and made detailed legal representations to the Home Office, highlighting that—under UK immigration rules—the suspended sentence should mean the application did not meet the threshold for a mandatory visa refusal.
Despite this, the application was initially refused by the Home Office on the basis of mandatory refusal. It was immediately clear to us that the caseworker had overlooked the suspended aspect of the sentence.
Rather than accepting the refusal or initiating a costly and time-consuming judicial review process, we acted swiftly, using our professional channels to engage directly with the Home Office. We were able to secure a re-evaluation of the decision without needing to submit a pre-action protocol—crucial, as visitor visa refusals do not carry a right of appeal or administrative review.
Thanks to this proactive intervention, the refusal was reversed in a matter of days, saving our client both time and significant legal expense, and allowing them to continue with their planned vacation to the UK. A 5-year visitor visa was issued, offering them the flexibility to travel without needing to reapply for future trips.
This case is a clear example of how expert guidance and persistence can turn around an incorrect decision and protect a client’s travel plans and peace of mind.
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With years of experience working in UK immigration and British nationality law, our advisors can help you understand the process and take the right steps to obtain your visa. Get in touch today.