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
What’s the procedure for making an immigration appeal after a UK visa refusal?
An appeal must be lodged with the First-tier Tribunal (Immigration and Asylum) within 14 calendar days of the date you were sent the notice of decision if you are in the UK, and within 28 calendar days if you have been refused entry clearance and extended in certain circumstances.
Immigration appeals can be decided either orally or through papers. In many cases, an oral hearing is preferable as it allows the appellant (or, in the case of entry clearance appeals, an A Y & J lawyer) to respond to submissions made by the Respondent (UKVI) and questions raised by the latter or the immigration judge. In cases where the appellant was refused a visa, we have managed to overturn decisions in our client’s favour before reaching a tribunal hearing. Such a success saves clients time, money and avoids stress. By instructing us with your appeal matter, you can be confident it will be managed by professionals. Should a tribunal hearing prove inevitable, we’ll provide full advice, support and representation.
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.
If your appeal succeeds before a First-tier Immigration Tribunal, you may be awarded the costs you have paid at the time of lodging the appeal, i.e. £140
The time it takes to conclude your appeal will depend on the complexities of your case. It sometimes takes several months. However, it is important to note that we try our best to resolve matters before a tribunal hearing takes place.
Statutory’ or ‘section 3C’ leave is intended to protect a person who makes an application for leave to remain while they have existing leave (i.e. where they have made an in-time application). Section 3C leave continues during any period when:
- a) an in-country appeal could be brought (ignoring any possibility of an appeal out of time with permission)
- b) the appeal is pending (within the meaning of section 104 of the Nationality, Asylum and Immigration Act 2002), i.e. it has been lodged and has not been finally determined.
By choosing A Y & J Solicitors to handle your appeal, you can be confident we will ensure your legal right to remain in the UK is protected, wherever possible.
Success Story on UK Visa Refusal Appeal
Successful Adult Dependant Relative Visa Appeal for Elderly Parent
Mrs. R is a NON-EU national over 70 years old and was living outside the UK. A few years ago, she was diagnosed with a disease of the nervous system characterised by muscle weakness which affects muscles that control her limbs, eyes, neck, swallowing, and breathing. There is no cure for this disease, but it…
A Y & J Solicitors’ Review
My experience with A Y & J Solicitors was really good. Very detailed and knowledgeable. All my questions were answered on time. They are very approachable and friendly. I would highly recommend them – it may be very simple query or a very complex case; you can trust them.
Having found myself in a rather sticky situation I was desperate for advice/help/guidance. I found A Y & J Solicitors through a friend and with in minutes into my first phone call to them, felt a sense of tremendous peace of mind which I had longed for. Mr Yash spoke very professionally and together with his team went on to do the almost impossible and secure an ‘Out of time’ extremely complicated Tier 2 application for myself and a spouse visa for my wife. Yes they are expensive. But their services are well worth it. They are direct & almost every step of the way they were transparent and kept me updated on the status as and when they knew anything. With out a doubt, I can easily say that our experience with them has been fantastic and would highly recommend their services to any one i know that is looking for a good immigration solicitor. Keep up the excellent work Mr. Yash. God Bless. Thumbs up to the excellent team they have.
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