UK Visa Refusal Appeal Procedure 

The UK visa refusal appeal procedure can be a complex process.  At A Y & J Solicitors, our lawyers are dedicated, highly experienced and able to help you overcome the difficulties of this appeal process.  We take enormous pride in getting to know our clients and taking the time to fully understand their issues so that we can provide the best possible immigration solution.

Many clients who come to us regarding an immigration appeal have spent months, sometimes years fighting a decision by UK Visas and Immigration (UKVI). Not only do we provide the expert advice and representation they need, we also give our clients the confidence that they have a good chance of achieving a positive result on their Appeal.

What is a UK immigration appeal? 

Under English law, people who have had a negative decision made by a court / government department which affects their life (such as whether they can enter or leave in the UK), normally have a right to appeal.  This is fundamental to the Rule of Law, and we believe it is necessary that migrants have full access to justice by being able to exercise their appeal rights.

Unfortunately, the British government has severely curtailed appeal rights for migrants applying for entry clearance or leave to remain – mainly those applying under the points-based immigration system – and replaced it with Administrative Review rights.  Rights of appeal under the points-based system have been removed, except in situations where it is alleged a refusal breaches the applicant’s human rights.  Therefore, instructing an experienced lawyer who is familiar with immigration law is crucial, both at the visa application stage and when considering an appeal.

Section 84 of the Nationality, Immigration and Asylum Act 2002 outlines valid grounds of appeal to the Immigration and Asylum Chamber, which are:

• that the decision is not in accordance with immigration rules
• that the decision is unlawful by virtue of Race and Religion Act section 19B
• that the decision is unlawful under the Human Rights Act, ie the decision is incompatible with the Convention rights of the appellant
• that the appellant’s rights under the Community Treaties would be breached because they or a family member are an EEA national
• that the decision is not in accordance with the law (other than immigration rules)
• that discretion should have been exercised differently to how it was legally exercised by the initial decision maker
• that the appellant’s rights under the Refugee Convention and Human Rights Act would be breached were the UK authorities to proceed with removal

Appeal from outside the UK

If you have been refused entry clearance, your appeal must be lodged within 28 calendar days of the date you were sent the notice of decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country.

If you apply after the deadline, you must explain why you are appealing out of time, and the tribunal will decide if it can still hear your appeal. The Tribunal will only agree to hear an out-of-time appeal in exceptional circumstances.

How to appeal

The appeal process varies depending on whether you’re submitting the appeal yourself or if a legal professional is submitting the appeal on your behalf.

If you are submitting the appeal yourself:

You can submit your appeal either via post, fax, email or online. However, online appeals are quicker than the alternative methods.

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 and £140 with a hearing.

You will need the following information to lodge an appeal:

• your Home Office reference number – you can find this on your decision letter.
• any documents that will support your application.
• an email address or mobile phone number.

If you appeal via post, fax, or email, you will need to fill in a form. The form which needs to be filled in depends on what type of application has been refused.

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

• deporting you under the Immigration (European Economic Area) Regulations 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 completed to appeal the following decisions:

• refusing a human rights claim for entry clearance
• deporting you, refusing or revoking your status, or varying the length or condition of your stay under the EU Settlement Scheme
• refusing or revoking your family permit or travel permit under the EU Settlement Scheme

Form IAFT-7 must be completed to appeal the appeal a decision to refuse a human rights claim or protection claim, where you’ve been told you can only appeal after you’ve left the country.
If a legal professional appealing on your behalf:
If you are in detention or you have been refused settled or pre-settled status under the EU Settlement Scheme, the legal professional will need to appeal using a paper form.
For all other cases, an appeal must be lodged online using the MyHMCTS service.

Benefits of a UK Visa Appeal

One benefit of submitting an appeal is that if you submit an appeal from inside the UK within the specified deadline of 14 calendar days, Section 3C will apply. This means that whilst the appeal is pending, you will be prevented from becoming an overstayer. However, for Section 3C to apply, you must have submitted the application which has been refused, whilst you had valid leave to remain in the UK.

Another benefit is that you will have an opportunity to have you case heard before the tribunal, and if the appeal is allowed, the Home Office will amend its original refusal decision.

You may also be able to receive a ‘fee award’ if you win your appeal.

How soon can I reapply following the refusal of my visa?

In some situations where the refusal was justified, the best option may be to submit a fresh application, rather than to appeal the refusal decision.

There is no time limit on how soon the fresh application can be submitted (with certain limitations while on 3c leave or when the right of administrative review is still available). However, it is important that the reasons for refusal can be fully addressed in the fresh application.

How long does the appeal process take?

An appeal process can around 6 to 12 months.

What happens if my appeal is unsuccessful?

You’ll usually get a copy of the immigration and asylum tribunal’s decision within 4 weeks of the hearing. You’ll be given a decision in person or by post.

If the tribunal dismisses your appeal and uphold the Home Office’s original decision, you will have a right to appeal the tribunal’s decision. You can ask the First-tier Tribunal (Immigration and Asylum Chamber) for permission to appeal to the Upper Tribunal. for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber). You will be given a form to complete with the tribunal’s appeal determination. There is no fee to appeal to the tribunal.

You can only do this if you think there’s has been an ‘error of law’ i.e., a legal mistake with the tribunal’s decision. For example, you think the tribunal:

• did not apply the correct law or wrongly interpreted the law
• did not follow the correct procedures
• had no evidence or not enough evidence to support its decision

You must submit the 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 inside the UK) or within 28 days after the date on the written reasons for the decisions (if you’re outside the UK).

What happens if my appeal is allowed?

If your appeal is allowed, the Home Office will amend its original refusal decision, and you would normally be issued with the visa or status you applied for. It is likely that the Home Office may reconsider your entire application if your circumstances have changed since you first made your appeal.

The judge may order the Home Office to pay you a ‘fee award’ if you win your appeal, up to the amount you paid for your tribunal fee.

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

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.

How to pay

If you lodge your appeal online, you can pay your appeal fee with either a credit or debit card.

If you lodge your appeal via a form, you can include your payment details on your appeal form.

Urgent appeal applications

If you would like to submit an application for an urgent appeal, you will need to write to the tribunal with:

• the reason why your case should be heard urgently
• evidence of compelling or compassionate grounds, for example letters from a doctor or hospital

You should clearly label the top of all documents being submitted as part of the request with ‘expedite request’.

The application will be reviewed by a judge and decide whether your appeal should be expedited.

Your application will only be reviewed if you’ve paid your tribunal fee (if you need to pay one).

How are the Notices of Hearing and Determinations served on all parties in immigration appeals? 

During immigration appeals, parties include the Immigration and Asylum Chamber, the Respondent (the Secretary of State, Entry Clearance Officer or Visa Officer depending on the type of appeal), the appellant and in some cases, the legal representation of the appellant, i.e. a firm of solicitors. Your solicitor will prepare appellant’s bundles and serve them to all relevant parties. The Home Office also has duty to serve a respondent’s bundle to all relevant parties.  Once the appeal has been lodged and a certificate of fee satisfaction issued, the tribunal will send a copy of the notice of appeal and any accompanying documents to the Home Office and issue a notice of hearing and directions.

Why choose A Y & J Solicitors for your immigration appeal after a UK visa refusal? 

A Y & J Solicitors is regulated by SRA (Solicitors Regulation Authority) and can help with every aspect of an immigration appeal.  We will prepare the necessary paperwork and represent you before the tribunal.

Our team has extensive experience with appeals on a variety of technicalities including the points-based system, human rights visa applications, EEA Applications Appeal, Appendix FM applications and we approach each case with the expert attention and intervention that is needed for the best possible outcome.  Our past successes include quite complex and difficult appeal matters but our clients always benefit from our ability to break down legal concepts into everyday language.

In each case, we provide clients with excellent customer service and a transparent fee structure with no hidden charges or extra costs. We offer caring service throughout the entire process from initial consultation until the hearing and the ultimate resolution.

We can accommodate our clients in a variety of ways, including in-house consultations at our central London office, or online / telephone/skype meetings.  Our team and lawyers know some international languages, including Indian (incl. Hindi & Gujarati), Romanian, Albanian, Italian, French.