If you’ve previously encountered immigration breaches, our expert immigration team is ready to assist you, ensuring your case stands the best chance of success. Our immigration specialists have extensive experience in this area and can provide tailored advice to address these risks.
What is Paragraph 9.8.2 and Why Could It Affect Your Visa Application?
Applying for a UK visa can be complex, and one of the most common hurdles applicants face is Paragraph 9.8.2 of the UK Immigration Rules. This provision allows immigration officers to refuse your visa at their discretion if you have previously breached UK immigration laws.
If you’ve ever overstayed a visa, used deception in an application, or faced an immigration-related refusal, your chances of success could be significantly reduced. But with the right legal representation, you can challenge these obstacles and secure your UK visa.
At Lexvisa, a specialist London law firm, we have an expert immigration team dedicated to helping applicants successfully navigate discretionary refusals. We understand the complexities of UK immigration law and use our in-depth expertise to build strong, persuasive applications tailored to your case.
How Does a Re-Entry Ban Affect Your UK Visa Application?
Re-entry bans can last anywhere from 12 months to 10 years, depending on the severity of the breach. If you have previously overstayed or provided misleading information, you could be barred from re-entering the UK, making future applications significantly more challenging.
However, there are exceptions. Certain applications, such as those based on human rights grounds under Appendix FM, may not be subject to these bans.
At Lexvisa, we conduct a full legal assessment of your immigration history to identify potential exemptions and legal arguments that can support your case. Our strategic approach ensures that no opportunity is overlooked when it comes to securing your visa.
Can You Challenge a Visa Refusal Under Paragraph 9.8.2?
Yes! Unlike previous immigration rules that enforced automatic refusals, Paragraph 9.8.2 operates on a discretionary basis. This means that even if you have a history of breaches, you may still be granted a visa if you can present a compelling case.
The Home Office follows a three-stage process when assessing applications under this rule:
- Has the applicant previously breached immigration laws?
- Are there aggravating circumstances (e.g., deception or repeat offenses)?
- Should the application be refused based on discretion?
Our expert immigration solicitors specialise in crafting strong legal arguments to minimise the risk of discretionary refusals. We ensure that your application is thoroughly prepared, legally sound, and backed by the strongest possible evidence.
What Immigration Breaches Could Lead to a Visa Refusal?
A breach of immigration rules can take many forms, including:
- Overstaying your visa beyond the permitted period.
- Violating visa conditions, such as working without authorization.
- Providing false or misleading information in a visa application.
- Entering the UK illegally or avoiding enforcement measures.
At Lexvisa, we are highly experienced in identifying and addressing these issues. Our team will advise you on the best course of action to mitigate the risks and present your case in a way that maximises your chances of approval.
What Are the Exceptions to Paragraph 9.8.2?
While Paragraph 9.8.2 is strict, there are several exceptions that could work in your favor:
- Children under 18 at the time of the immigration breach.
- Short periods of overstaying (under 30 days for applications made after April 2017, or under 90 days before this date).
- Refusals or cancellations that were later overturned by the courts.
Our specialist London law firm will explore every possible exception that may apply to your case, ensuring no legal opportunity is missed.
Why Choose Lexvisa? The UK’s Leading Specialist Immigration Team
When facing a discretionary visa refusal, having the right legal support can make all the difference. Lexvisa is a specialist London law firm with an outstanding track record in handling complex UK visa applications and appeals. Here’s why you should instruct our expert immigration team:
FAQs: Overcoming Visa Refusals Under Paragraph 9.8.2
Can I still get a UK visa if I have overstayed before?
Yes, but it depends on the duration of your overstay and whether there are any aggravating circumstances. Our immigration lawyers can assess your case and develop a strong legal strategy.
What are aggravating circumstances in an immigration breach?
Aggravating factors include using false documents, failing to cooperate with Home Office investigations, or committing repeat immigration offenses. We help mitigate these risks by presenting strong supporting evidence.
How long do re-entry bans last?
Re-entry bans can range from 12 months to 10 years, depending on the severity of the breach. Our expert team can advise on potential exemptions and legal arguments to counteract a ban.
Can I appeal a visa refusal under Paragraph 9.8.2?
While there is no automatic right to appeal, you may be able to challenge the refusal via an administrative review or judicial review. Our solicitors have extensive experience in challenging Home Office decisions successfully.
Why should I instruct Lexvisa over other immigration firms?
Lexvisa is a specialist London law firm with an expert immigration team that has a proven track record of success in handling complex visa refusals. We provide personalised legal representation, ensuring you have the best chance of securing your UK visa.
Contact Our Expert Immigration Team Today
If you’re worried about a potential visa refusal under Paragraph 9.8.2, don’t leave your future to chance. Lexvisa is here to provide you with the highest level of expert legal support to ensure your application stands the best chance of success.
Call us today on 020 3011 0276 for a confidential consultation.
Email us now to get personalised advice from a specialist immigration lawyer.
Let Lexvisa’s expert immigration team help you secure your UK visa and overcome any immigration challenges you may face.