The UK visa refusal appeal procedure is incredibly complex. Many clients who come to us have spent months (and sometimes years) fighting a decision by UK Visas and Immigration (UKVI) and getting nowhere fast. Meanwhile, their life is on hold, and they don't know how to get their visa back. That's where our team comes in. We're here to help you understand exactly how you can achieve a positive result on your appeal. We'll learn the ins and outs of your situation and provide tailored advice to ensure your appeal is a success.
At A Y & J Solicitors in London, we’ve helped thousands of clients with their immigration challenges and UK visa refusal appeals. We know how important it is for you to submit an accurate, convincing appeal, and are here to ensure yours checks every box. Our lawyers take pride in learning more about your situation so they can provide the best possible solution for you and your family.
Tarun Mathankar
We are specialists in immigration law and have supported more than 4,000 business owners and professionals around the globe to successfully navigate the British system. We work quickly, always responding to any queries within 24 working hours. And we work closely with the Home Office to pre-empt issues before they jeopardise sponsorship applications or breach compliance. We manage all United Kingdom immigration matters, including visa applications under the new points-based immigration system, Indefinite Leave to Remain (ILR), Spouse Visas, nationality and more. We also handle complex cases of appeal, administrative reviews, judicial reviews and the many immigration challenges involving European Union law and human rights.
At A Y & J Solicitors in London, we’ve helped thousands of clients with their immigration challenges and UK visa refusal appeals. We know how important it is for you to submit an accurate, convincing appeal, and are here to ensure yours checks every box. Our lawyers take pride in learning more about your situation so they can provide the best possible solution for you and your family.
That's where our team came in. We helped Dr. P:
Ultimately, Dr. P was able to secure indefinite leave to enter for
Mrs. R to join Dr. P and her family in the UK.
A Y & J Solicitors has more than 1,200 positive client reviews across Google and Trustpilot and is listed in The Legal top 500 best UK law firms, so you can rest assured your immigration challenges are in safe hands when you take these three simple steps:
"Highly recommended for visa services. Imad’s professionalism, clear guidance, and prompt responses were outstanding."
"Very much recommended. Thank you Imad for the help."
"I had a really good experience with AY&J solicitors. I was working closely with Imad who helped me and my partner apply for a visa. Imad was really helpful and reliable, he would answer any questions we had without hesitation and would reply to emails promptly. Imad reassured us for any worries we had in regards to the visa application. For any immigration related issues that I will have in the future, i know where to come back to. Thank you AY&J solicitors"
"The amazing work from solicitor and always kind helpful with me and also quick response that help us to give great results."
"Must read negative reviews before you decide"
"Really incredible and understanding and talked me through the entire process."
Under UK law, people who have had a negative decision made by a court/government department that affects their life (such as whether they can enter or leave 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 them 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.
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 the 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 outside the UK
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 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:
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:
Form IAFT-6 must be completed to appeal the following decisions:
Form IAFT-7 must be completed to appeal the 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 is appealing on your behalf:
For all other cases, an appeal must be lodged online using the MyHMCTS service.
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 your 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.
In some situations where the UK visa rejection reasons were justified, the best option may be to submit a fresh application rather than 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.
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.
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 upholds 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 (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 has been an ‘error of law’, i.e., a legal mistake with the tribunal’s decision. For example, you think the tribunal:
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).
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.
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:
How to pay
If you would like to submit an application for an urgent appeal, you will need to write to the tribunal with:
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 who decides 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).
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 representative of the appellant, i.e. a firm of solicitors. Your solicitor will prepare the appellant’s bundles and serve them to all relevant parties. The Home Office also has a 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.
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.
A Y & J Solicitors is regulated by the 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. We’re also here to improve your chances of getting a UK visa after refusal. Our team has extensive experience with appeals on a variety of technicalities, including the points-based system, human rights visa applications, EEA Applications Appeals, and Appendix FM applications. We approach each case with the expert attention and intervention that is needed for the best possible outcome. Our past successes include 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 lawyers know a handful of international languages, including Indian languages (including Hindi & Gujarati), Romanian, Albanian, Italian, and French.
The length of time it takes to receive a decision on a UK Visa Appeal can vary, often taking between 12 weeks to 6 months, depending on the complexity of the case and the current workload of the tribunal. If the appeal is straightforward, you might receive the decision quicker, while more complex cases could take longer. Once the decision is made, a determination letter will be sent to you, your representative, and the Home Office. This letter will provide details on whether your appeal has been allowed or dismissed. At A Y & J Solicitors, we understand the anxiety that comes with waiting for a decision, so we aim to keep you informed throughout the entire process. We assign a dedicated immigration legal associate to your case, ensuring that you receive expert advice and guidance at every step. And remember, we’re always just an email away, responding to all messages within 24 hours, or we refund 20% of your fees.
