Some of the facts:
Most UK visa holders can apply for settlement after living in the UK for a continuous period of 5/10 years; In order to get the settlement application approved, applicants must show proficiency in English Language, pass a Life in the UK test, show that they do not have an adverse immigration history and any criminal convictions in the UK or abroad, satisfy the residence requirements;
Receiving a refusal to your settlement visa application is not always final if you are given a Right of Appeal; The appeal must be submitted to the First Tier Tribunal in a short timeframe. So, it is important to act quickly. It advisable to select an immigration lawyer who has been successful in having refusals overturned.
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Video on ILR Settlement Visa Appeal
UK Immigration Appeal Process
We are a specialised UK immigration law firm.
Today I want to talk to you about UK immigration appeal.
You might be able to appeal to the First-tier TRIBUNAL if the Home Office has refused your ‘asylum claim’, human rights claim or made a decision under the EEA Regulations.
The tribunal is INDEPENDENT of government. A judge will listen to both sides of the argument before making a decision.
If you are having a full right of appeal, then you should consider seeking legal advice from an experienced immigration lawyer.
Let me share as to how we deal with the appeals at A Y & J Solicitors.
The first step is to review your case and find out the chances of success for an appeal, the fees involved and the recommended approach to your appeal.
It’s not always advisable to appeal a decision, so make sure you have an expert advice before moving forward.
You will then be asked to gather documents and information to support your appeal. It’s important
that this is done quickly, because the deadline for appeal is short and inflexible.
Next, the hearing preparation begins. Let me summarize this in 5 points.
Point 1 includes compiling evidence to support your appeal,
Point 2 includes the skeleton argument your lawyer prepares in your defence,
Point 3 includes any examples of case law that are pertinent,
Point 4 includes any violation of the Home Office’s policy guidance, and
Point 5 includes a detailed statement of your situation that is completely accurate in showing your circumstances.
Your lawyer will then help you get ready by reviewing all information and any questions you may be asked during your hearing.
Now, at the hearing stage, there is a set structure.
First you will have a pre-hearing conference with your lawyer to help you feel confident and calm. Next, a brief meeting takes place between your lawyer and the presenting officer of the Home Office. Occasionally a favourable decision could arise from this meeting, and the hearing could be shortened to a decision. If a decision could not be made, the skeleton argument is handed to the judge, and your case is presented. You will be asked questions by your lawyer and by the Home Office. Then after, closing submissions are heard from the both sides. The hearing would be concluded with a private meeting with your lawyer to ensure that you understand everything that was discussed.
Usually a decision about your appeal is given later and is received in writing. After you receive this decision, you meet with your lawyer —hopefully to celebrate your upcoming Visa!
The appeal process is technical and often complex, if you have any questions or require our assistance, please get in touch. We’ve processed many successful appeals, and we can help you too. Our contact details are at the bottom of this video.
Thank you and I look forward to hearing from you soon.
A Y & J Solicitors’ Review
Anyone who struggle with immigration issues will understand how devastating it is and how much right advice and guidance can help. I found AYJ (previously A Y & J Solicitors) online contacted them after reading reviews, it turned out to be the best decision I made. I would highly recommend AYJ for anyone looking for a reliable immigration service in UK. The advise and guidance I received from AYJ regarding my ILR application was exceptional. Thanks to Diana and Yash for understanding my case and guiding me in the right direction in every step of my application. I Will definitely recommend anyone using A Y & J Solicitors for their immigration matter.
Me and my wife would like to take this opportunity in thanking A Y & J Solicitors for the very efficient and professional way they handled our case. From the very beginning, they guided us in the correct direction. Finally, I received my settlement visa and I am much confident Diana will do everything to sort out my wife’s visa as my wife’s case is complex than my one. Things I like about A Y & J Solicitors are top end professional service, approachability, reliability, and honesty. I would definitely recommend to anyone who has complex immigration situation without any hesitation.
A Y & J managed my ILR (10 Years) application and I am extremely happy with the professional approach and the level of service received. There was a technical Abstruseness with the application but they pointed it out efficiently. Special thanks to Yash Dubal And Waleed Hussain for being extremely supportive during the entire application process and making sure that the application submitted had a good presentation. I would definitely use A Y & J Solicitors again for any future immigration needs and highly recommend them for professional and reliable immigration service
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