Immigration Law

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. 

What is Immigration Appeal?

If you have been refused a visa, it is imperative you act quickly, considering why your refusal has occurred. If you wish to appeal the decision, you must prepare a comprehensive appeal argument to enable the initial decision to be overturned. 

Your first appeal option is to contest the decision with the Home Office, by first lodging a complaint with the First-Tier Tribunal service. 

In order for your application to be considered, you must prepare in great detail all of your documents, all evidence and solid grounds for why you believe the decision was incorrect. 

In our experience, this is often where clients fall short; as Benjamin Franklin put ‘by failing to prepare, you are preparing to fail’. 

Whilst many appeal applications are quite simple, to ensure your best chance of success, we would recommend seeking legal advice to provide you with guidance on what actions you need to take.

At Farani Taylor, our multilingual UK visa refusal solicitors hold extensive experience in successfully overturning a visa refusal. We can support you with the process, the reasons we believe you have been refused based upon your decision letter and ultimately, help you receive your UK visa. 

We offer a free consultation whereby we can examine your circumstances and provide you with the knowledge required to achieve appeal success.

Who has the Right to Appeal?

You can only appeal if you have the legal right to, however, not every person’s appeal is successful.

The main considerations for grounds of appeal are as follows: 

  • You are making a claim for Refugee Status or Humanitarian Protection
  • You are making an EU Settled Status application made after 31st January 2020
  • Or a claim for Human Rights

There are many facets to each ground for appeal and with the right legal assistance, you can often find ways of applying your circumstances to above guidelines, demonstrating a strong argument for why you wish to contest your refusal. 

If you are unsure as to whether you have grounds for appeal, or believe you’ve incorrectly submitted your initial application and your refusal is subsequently incorrect, contact our UK visa refusal team for more guidance on 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. 

Contact us today and let us help you secure your future.

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