Appeal Immigration
At Advantage Solicitors, our experienced UK Immigration Appeal Solicitors help clients challenge visa refusals, sponsorship rejections, and deportation decisions. We represent individuals and families at every stage of the appeal process, from administrative reviews to hearings before the First-tier and Upper Tribunal. Our goal is to protect your rights and secure a positive outcome.
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UK Immigration Appeal Guidance
If you receive a rejection by the UK Visa and Immigration Home Office, that is not the end as you may be eligible to appeal the decision.
The First-Tier Tribunal Immigration Appeal is independent from the Home Office and has the authority to overturn refusal decisions. The First-Tier Immigration Tribunal is not the only way you counter a refusal by the Home Office, as if you believe a mistake was made by an Immigration officer in your application, then you may be eligible to request for an Administrative review (please check our page on this).
Not everyone can appeal Home Office immigration decisions. If you are eligible to appeal to the First-Tier Tribunal system you must fall into one of the following categories:
- Your human rights claim or protection claim was refused by the Home Office
- You were refused a residence document or deported under the Immigration Regulations 2016
- Your British Citizenship is revoked by the Home Office
- Your status, length of stay, condition of stay is refused or revoked or if you are deported under the EU Settlement Scheme
- Your travel permits or family permit under the EU Settlement Scheme is refused or revoked or your right to enter or leave the UK is restricted under those permits
- You are a frontier worker and your permit is refused or revoked by the Home Office
- You are an S2 healthcare visitor and your permit is refused, revoked or you are deported
Depending on the date of your application, there are different ways to appeal. If you made your application before 6 April 2015 then there is a different procedure to appeal an immigration decision after 6 April 2015.
Process
In order to appeal an immigration decision by the Home Office, the first step would be using the MyHMCTS immigration appeals online service. In some cases, the online service would not be suitable and instead a paper form would be required. These could include cases where you have been refused pre-settled status or settled status under the EU Settlement Scheme or you are in detention.
During the application process, you have the option to request to have an immigration appeal hearing, where you have the opportunity to clarify your case before a decision is made or for the decision to be made solely on the information submitted on the appeal form (i.e. no hearing). It is recommended that you advise an immigration solicitor to give your appeal the best chance of success.
When your immigration appeal is submitted, it will be first received and reviewed by an Entry Clearance Manager. If the Entry Clearance Manager is satisfied that you have made a valid appeal which is backed up with evidence you may receive a decision on your appeal. However, if the Entry Clearance Manager is unable to make a decision then they will refer the appeal to a full hearing by the First-tier Tribunal.
In the case where you request to have an immigration appeal hearing, you will receive a Notice of Hearing which will inform you of when and where the hearing will take place. If you cannot make the hearing, you may ask for the hearing to be postponed for another day. It is important to provide all the documents that you will rely on before the hearing to the Home Office.
If the appeal is successful, you may not be granted the visa if the Home Office decides to appeal the decision to the Upper Tribunal. If they do not appeal or their appeal is refused, then congratulations, you will be issued with your visa.
If the appeal is not successful, you may be able to bring a further appeal to the Upper Tribunal if you believe a legal error has been made. You may also be eligible to apply for a different type of visa.
Within the UK
If you are appealing from within the UK, then there is a 14 calendar day time limit from the date the decision was sent.
Outside the UK
If you are appealing from outside the UK, then there is a 28 calendar time limit from the date the decision was sent but if you are not allowed to appeal before leaving the country then you have 28 days to appeal once you have left the country.
Considering an Immigration Appeal?
If you are looking to appeal an immigration decision, our experienced solicitors are here to help. Please fill in the form below and a member of our team will contact you shortly to guide you through the process.
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