• RFL4.1 Writing a refusal notice
• RFL4.2 Serving a refusal notice

See other guidance information RFL1 Refusing an applicant RFL2 Refusing family visitors RFL3 Refusal on general grounds RFL5 Release of case notes to solicitors, applicants, sponsors etc RFL6 Representations by applicants or sponsors post refusal RFL7 Monitoring refusals – the Independent Monitor  

RFL4.1 Writing a refusal notice

What to do/not to do
You need to state the following in any refusal notice:

• what the applicant is applying for ("you have applied for...");
• the crucial facts ("but in view of...");
• the correct version and relevant paragraph of the Rules ("I am not satisfied that);
• which Rules have and have not been met and why
  reasons for refusal in bullet point form  
• the decision ("I therefore refuse your application")
• any compassionate grounds that you have taken into account 
• include all refusal wordings for each relevant paragraph of the rules, linking them with the words "moreover" or "furthermore. " 

If the ECO knows a Home Office reference number for the applicant, put it in the top left hand corner of the Notice of Refusal.

You also need to: 

• type the refusal notice on the correct form and ensure it is saved correctly on Proviso;
• complete the "category box" correctly so that it is clear which section of the Rules the application falls under e.g. visitor;
• make it clear in the notice of decision if the application has been considered on papers or if the applicant has been interviewed;
• write clear, unambiguous, correctly spelt reasons for refusal related to the relevant provisions of the Rules;
• include some detail (e.g. quote income, savings etc in figures);
• avoid generalisations, stock phrases and any language that could be construed as prejudiced or opinionated;
  -list all the documents you have considered in reaching your decision (shows balance and that all evidence considered); and
• make sure all parts of the form are completed and signed.

You must not:

• mention an asylum claim (as this breaches the confidentiality of such claims and could have serious and far-reaching consequences). If it is necessary, it is sufficient to refer to a person having applied to remain in the UK.
• use the term "incentive to return" as legally this has no intrinsic meaning. Intention to leave the UK (not return) is the requirement of the Rules which needs to be satisfied. 
• use the expression "I am not convinced that..." There is no requirement for an ECO to be convinced; only satisfied on the balance of probabilities.
• use the phrase "there is no compelling reason for your visit" in isolation because visitors do not have to demonstrate a compelling reason for a visit. The phrase may only be used in conjunction with other reasons, e.g the cost of the visit is high in relation to the applicant’s means and given that there is no compelling reason for the visit, you are led to doubt the applicant’s intentions.
• make value judgements such as "money spent on this trip could have been better used elsewhere".
• use emotive statements. For instance "I believe you are exploiting your brother’s illness to gain admission to the UK".
• use the term "overstayed" wrongly. A person has only overstayed if he or she has remained in the UK longer than the period of leave to enter granted without seeking an extension of stay. Staying longer than the period of time originally stated to the ECO is a different matter. In such cases, where it is a contributory factor to the refusal, it is important to make the length of stay relevant by linking it, for example, to the applicant’s circumstances or reasons for not complying with the original undertaking. An ECO may say "you said you intended a visit of 2 weeks but in fact remained for 6 months. You have not given a credible explanation as to why you stayed longer / how you supported yourself / how you were able to take 6 months leave from your job etc".
• suggest that because a sponsor or relative went to the UK and remained there the applicant will do the same. Only do this if you can demonstrate similarity in circumstances.
  

Back to top

RFL4.2 Serving a refusal notice

If interviewed, the applicant should be given the following:

• notice of decision GV51 (FRA) / GV51 (EEA) / GV51 (LRA) signed and dated by the ECO and applicant; 
• a copy of the interview record; and 
• appeal form AIT-2( appeal form) plus guidance notes, but only if applicant has full rights of appeal.
  

If the application has been considered and refused on papers you must ensure all the above is posted to applicant directly or via the commercial partner. 
In all cases you must ensure that the relevant method of service has been noted on the refusal notice and update Proviso.

Back to top