APPEALS

We know that dealing with the effects of a refusal can be draining and worrying. In order to challenge the decision of the Home Office, it is highly important that you understand the relevant procedures.

It can be highly distressing to have been refused a visa, you may feel as though the many months of time and financial costs have been wasted; however, there are options available to you and just because you’ve been refused initially, it doesn’t mean your visa journey is over.

How could our solicitors help?

If you’ve applied for a UK visa and been refused, our expert team can help. Current UK Government guidelines have made the visa process somewhat more difficult, with many people being refused on their first application. Our UK visa refusal specialists help determine why your application was refused, explore your options and seek to get your refusal overturned.

What is Visa Refusal?

If you’ve invested time and money into trying to obtain a UK visa, a refusal can be deeply upsetting, particularly if your family were involved.

Visa refusal can occur for many reasons and an initial refusal shouldn’t deter you from applying again or appealing the decision. Our UK visa refusal team have worked with thousands of clients who have been refused a visa on their first application. Our objective is to help you achieve UK visa status, we help you explore all available options for you and your family to ensure your visa application is successful.

Reasons for Visa Refusal

There are multiple reasons that a visa can be refused and clients mustn’t be deterred because the initial application wasn’t successful.

In our experience, common reasons for refusal are as follows:

A simple mistake on an application
Incorrect information provided
Not enough information provided
Your native country has poor relations with the UK
You or your family have contagious diseases
Your passport is about to expire
Your relocation intentions are not strong enough
Insufficient eligibility
Criminal records

These are just a few examples of why your visa may have been refused. If you are unsure, or believe it has been refused in error, contact our UK visa refusal team who can provide you with details of how to appeal your application decision.

You can also review more information from the UK Home Office here regarding visa refusal and what to do next.

Making Immigration Appeals after UK Visa Refusal

If your application is refused, the refusal letter notifies you whether you have a right of appeal. Our UK visa refusal specialists can help you navigate through the decision letter and advise you of your options.

First Tier Tribunal

Appeals from within the UK must be lodged within 14 days of the decision letter. However, notice of an appeal from outside the UK must be notified to the Tribunal within 28 days of the decision letter.

Various documents, along with the court fee, must be submitted to the Tribunal in order to initiate the appeal process.

The Tribunal lists the matter for a hearing at the First Tier Tribunal after which the Judge makes a decision. It is rare that a decision is made on the same day and you are usually notified of the Judge’s decision within four weeks of the hearing.

If you receive a positive decision, the Home Office may decide to implement the decision of the Tribunal or appeal the judgements within 14 days.

However, if your decision is still a refusal, you may be able to appeal to the Upper Tribunal.

Upper Tribunal

If your appeal is refused by the First Tier Tribunal judge and you believe an error was made, you can apply for permission to appeal to the Upper Tribunal.

You have 14 days from the date of the Judge’s refusal to apply to the First Tier Tribunal for permission to appeal that decision. In an event that the First Tier Tribunal refuses to grant your application, you may be eligible to apply to the Upper Tribunal for permission to bring an appeal.

If you are outside of the UK you have 28 days from the date of posting to make the application.

If permission is granted, the Upper Tribunal hears the case to assess whether there was an error in the First Tier Tribunal decision.

If the Judge finds in favour of the original decision, then your appeal is dismissed.

You may be given the right to appeal to the Court of Appeal depending on the merits of your case.

If you do not have the right to appeal the decision, you may wish to apply for permission to bring judicial review against the decision of the Home Office. If you would like more advice on what your options are, or detailed information on these types of appeal, speak with our UK visa refusal solicitors for more support and guidance.

Judicial Review

A Judicial review is a process by which the Judge reviews the lawfulness of a decision or action taken by the Home Office.

You can engage this process if you believe the Home Office has acted unlawfully or unfairly in reaching a decision on your application.

If your application is successful, your case is sent back to the Home Office for reconsideration. However, the Home Office can still make the decision to refuse your application as long as they do so in a lawful way.

How much time will it take?

How long an appeal can take depends upon your individual circumstances. Some cases have reached a decision within weeks and some have been known to take several months. Speak with our expert UK visa refusals team who can provide you with more guidance based upon your circumstances.

Why choose us to make the Immigration Appeal? What services do we provide?

A visa refusal can be deeply upsetting and many clients decide not to challenge a visa refusal decision for fear of yet more costs, time and upset. Our specialist UK visa refusal team understands this and never encourages you to challenge a decision if we do not feel it is in the best interests of you and your family.

Our team have extensive experience with overturning visa decisions, enabling many families to gain entrance to the UK to live or work. Our goal is to provide you with cost-effective legal support, whilst delivering outstanding bespoke advice for your circumstances.

We offer a free consultation whereby we discuss your eligibility for appeal, giving you an honest opinion of what we believe the best course of action is for you.

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Submit your details, and we’ll arrange a free, no-obligation callback at a time to suit you.

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What if my leave to remain expires while an appeal is being considered?

If you have an existing Leave to Remain application that is due to expire and want to make a further application for remaining in the UK, there is legislation in place to protect you whilst you are making an ‘in-time’ application. Speak to one of our UK visa refusal solicitors for more information regarding this.

What are the time limits of making appeals?

Time limits for appeals are strict from the time of receiving the refusal decision, these are as follows::

From outside of the UK 28 days
In the UK 14 days
Administrative review in the UK 14 days
28 days for an Administrative review if undertaken outside of the UK

If you are submitting an appeal outside of this time frame, this is still possible, however, you must have strong mitigating circumstances to evidence the delay. Speak with our UK visa refusal team for more information.

What should I do if I have no rights of appeal?

If you believe you have no right to appeal, you can follow the process for an Administrative review and subsequent Judicial review if the aforementioned is unsuccessful. We would suggest speaking with a legal expert to discuss your options. The appeals process can be somewhat difficult, not to mention frustrating and costly. Our UK visa refusal team can provide you with free advice, discussing with you the merits of your appeal and whether or not we believe it would be successful. Call us now for a free consultation.

Key Contacts

If you are looking for help and guidance or have a question relating to Appeals, please contact us today on +44 (0)20 7242 1666.

Fehmina Farani

Director

Shahzad Saeed

Director and Solicitor

Amer Rahman

Director

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0207 242 1666

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APPEALS

We know that dealing with the effects of a refusal can be draining and worrying. In order to challenge the decision of the Home Office, it is highly important that you understand the relevant procedures.

How could our solicitors help?

What is Visa Refusal?

Reasons for Visa Refusal

Making Immigration Appeals after UK Visa Refusal

First Tier Tribunal

Upper Tribunal

Judicial Review

How much time will it take?

Why choose us to make the Immigration Appeal? What services do we provide?

Request a Free Callback

Submit your details, and we’ll arrange a free, no-obligation callback at a time to suit you.

More Services

Key Contacts

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