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UK Immigration Appeals Procedure

Appeal Procedure for UK Visa Refusals

A UK visa refusal appeal can be a complicated process. At Global Solicitors, our lawyers are highly qualified & experienced and can assist you in overcoming these challenges. For us to provide the best immigration solution possible, we take great pride in getting to know our clients and taking the time to understand their issues. Our clients who come to us regarding an immigration appeal often have spent months, sometimes years battling UK Visas and Immigration (UKVI). As well as providing expert advice and representation, our firm gives our clients the assurance that their appeal has a good chance of achieving a favorable outcome.

What is a UK immigration appeal?

People in England usually have a right to appeal negative decisions made by courts/government departments that affect their lives (such as whether or not they can enter or leave the country). We believe that migrants should have full access to justice by exercising their appeal rights, and that is fundamental to the Rule of Law. Despite this, the British government has severely curtailed appeal rights for migrants seeking entry clearance or leave to remain – primarily those applying under the points-based immigration system – and replaced them with Administrative Review rights. In cases where it is alleged that a refusal violates the applicant’s human rights, appeal rights under the points-based system have been removed.

According to Section 84 of the Nationality, Immigration and Asylum Act 2002, the Immigration and Asylum Chamber is authorized to hear appeals on the following grounds:

  • In the case of this judgment, it is contrary to immigration regulations;
  • That the decision is unconstitutional under the Race and Religion Act section 19B;
  • That the decision is unlawful under the Human Rights Act,
  • That the decision is incompatible with the appellant's Convention rights.
  • That the appellant's rights under the Community Treaties will be violated because they or a family member are an EEA national, and that the decision is not in conformity with the law (save for immigration restrictions)
  • That discretion should have been employed differently from how the first decision maker lawfully handled it, namely that the appellant's rights under the Refugee Convention and the Human Rights Act would be violated if the UK authorities proceeded with removal.

The Appeal comes from outside the United Kingdom

When you are refused entry clearance, you must appeal within 28 calendar days of the date on which you were sent the notice of decision. If you are required to leave the country before appealing, you will have 28 days from the date on which you left the country to appeal.

A person who applies after the deadline must explain why they are appealing out of time and the tribunal will then decide whether or not to hear the appeal. The tribunal may only agree to hear an out-of-time appeal in exceptional circumstances.

How to appeal

The appeal procedure differs depending on whether you file the appeal yourself or have a legal expert file it on your behalf.

In the case of a self-appeal

You may submit your appeal either by post, fax, email, or online. Online appeals are more convenient than alternative methods. You will need to pay a fee to lodge an appeal. If you receive legal aid, you may not be required to pay a fee. A hearing or appeal costs £80.

To file an appeal, you will need the following information:

  • Your Home Office reference number (found on your decision letter).
  • Any papers that may support your application.
  • An email address or cell phone number.
  • You must fill out a form if you appeal by mail, fax, or email. The form that must be completed is determined by the type of application that has been denied.

Form IAFT-5 must be filed to appeal the following decisions:

Deporting you under the Immigration Regulations (European Economic Area) 2016
  • Refusing your permit, revoking your permit, or deporting you if you’re a frontier worker.
  • Refusing your leave, revoking your leave, or deporting you if you’re on an S2 Healthcare Visitor visa.

Form IAFT-6 must be filled out to appeal the following decisions:

  • Refusing to accept a human rights claim for entry clearance,
  • Deporting you, denying or cancelling your status, or changing the length or conditions of your stay under the EU Settlement Scheme
  • Rejecting or cancelling your EU Settlement Scheme family permit or travel visa

Form IAFT-7 must be completed to appeal a decision to deny a human rights or protection claim if you have been instructed that you can only appeal after leaving the country.

If a legal professional is appealing on your behalf: If you are detained or have been refused settled or pre-settled status under the EU Settlement Scheme, the legal professional must use a paper form to appeal.

In all other circumstances, an appeal must be filed online using MyHMCTS.

The Benefits of Appealing for a UK Visa

One advantage of filing an appeal is that Section 3C will apply if you file it from within the United Kingdom within the statutory time of 14 calendar days. This implies that you will be barred from becoming an overstayer while your appeal is underway. However, for Section 3C to apply, you must have made the application that was denied while you were in the UK with legal permission to stay. Another advantage is that you will be able to have your case heard before the tribunal, and if your appeal is successful, the Home Office will revise its initial rejection decision.

You may also be eligible for a ‘fee award’ if your appeal is successful.

What is the timeline for reapplying for a visa following a refusal?

In some cases, if the denial was warranted, submitting a new application may be preferable to appealing the refusal decision. There is no time limit on when a new application can be made (with certain restrictions when on 3c leave or when the right to administrative review is still available). However, the reasons for the denial must be addressed properly in the new application.

How long does the appeal process take?

An appeal process can around 6 to 12 months.

If my appeal is unsuccessful, what will happen?

Within four weeks of the hearing, you should get a copy of the immigration and asylum tribunal’s ruling. You will be notified either in person or by mail. If the tribunal rejects your appeal and upholds the Home Office’s original judgment, you will be able to appeal the decision. You can apply to the First-tier Tribunal (Immigration and Asylum Chamber) for authorization to appeal to the Upper Tribunal (Immigration and Asylum Chamber). With the tribunal’s appeal determination, you will be handed a form to fill out. There is no charge to file an appeal with the tribunal.
You can only do this if you believe the tribunal’s ruling contains an ‘error of law,’ i.e. a legal error. For example, you believe the tribunal should:
  • Did not apply or interpret the law correctly;
  • Did not follow the necessary processes;
  • Lacked proof or insufficient evidence to support its conclusion.
You must file an application for permission to appeal to the Upper Tribunal within 14 days after the date on the written reasons for the decisions if you are in the UK or within 28 days if you are outside the UK.

How will my appeal be handled if it is successful?

If your appeal is successful, the Home Office will revise its initial rejection decision, and you will typically be granted the visa or status for which you requested. If your circumstances have changed after you filed your appeal, the Home Office may reassess your whole application. If you win your appeal, the judge may order the Home Office to give you a ‘fee award’ up to the amount you paid for your tribunal charge.

However, you should be aware that the Home Office may also attempt to appeal the tribunal’s decision to the Upper Tribunal (Immigration and Asylum Chamber). The Home Office will have 28 days to challenge the tribunal’s ruling.

Fees

You will need to pay a fee to lodge an appeal. You may not have to pay if you get legal aid. An appeal costs:

  • £80 without a hearing.
  • £140 with a hearing.

Payment methods

You can pay your appeal fee with a credit or debit card if you file your appeal online. If you file your appeal using a form, you can put your payment information on the form.

Applications for urgent appeals

If you want to file an urgent appeal, you must write to the tribunal and provide the following information:
  • The reason your case should be considered as soon as possible is proof of compelling
  • Compassionate grounds, such as letters from a doctor or hospital
All papers presented as part of the request should be clearly labeled with ‘expedite request’ at the top. A judge will assess the application and decide if your appeal should be expedited. Your application will only be evaluated if you have paid your tribunal fee (if applicable).

In immigration appeals, how are notices of hearing and determination served on all parties?

Parties involved in immigration appeals include the Immigration and Asylum Chamber, the Respondent (the Secretary of State, Entry Clearance Officer, or Visa Officer depending on the kind of appeal), the appellant, and, in certain situations, the appellant’s legal counsel, i.e. a firm of lawyers.

Your counsel will draft the appellant’s packets and serve them to all necessary parties. The Home Office must additionally serve a respondent’s bundle on all relevant parties.  Once the appeal has been filed and a certificate of fee satisfaction has been provided, the tribunal will send a copy of the notice of appeal and any supporting papers to the Home Office, as well as a notice of hearing and directions.

Why should you choose Global Solicitors when appealing your refusal of a UK visa?

Global Solicitors is SRA (Solicitors Regulation Authority) registered and can assist with all aspects of an immigration appeal. We will prepare the appropriate papers and represent you in court. Our team has extensive experience with technical appeals, including the points-based system, human rights visa applications, EEA Applications Appeals, and Appendix FM applications, and we approach each case with the expert attention and intervention required for the best possible outcome. Our previous victories have included fairly complicated and challenging appeal situations, but our clients always benefit from our ability to translate legal principles into a common language.

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