A refusal on an EEA Family Permit or Residence Card is disappointing as it disrupts your plans to join family members in the UK or permanently settle there. However, this refusal is not the end. With meticulous planning, you can challenge this decision. At A Y & J Solicitors, our experienced team can help you navigate the complex maze of Immigration Appeals.
First, you need to understand the reasons for the refusal. The reasons for refusal can vary depending on the type of application submitted. For example, a spouse visa application may be refused as you may not meet the eligibility criteria under Appendix FM. Upon reviewing the refusal letter, our experienced Associates can highlight the reasons for the refusal and create a strong strategy to challenge this decision.
I lack words to show how happy I am to have met A Y & J Solicitors. You've proven beyond doubt that you're the best. You've been supportive from the first day to the last, not minding my shortcomings, and you have patiently assisted us down to this day. Our visa applications were all approved, none were denied, courtesy of your relentless efforts. I'll recommend you over and over again.
"Jane Onyekachi
Bad advice can lead to delays and refusals you can’t afford to risk. That’s why we assign a subject matter expert - a UK immigration associate - to manage your case throughout.
It’s frustrating when you don’t know what’s going on with your case. We guarantee a reply to all messages/emails within 24 working hours or we refund 20% of your fees.
The appeal process can become overwhelming while dealing with the emotions of a refusal. Whether your case is impacted by a lack of evidence, incomplete documents, or a simple misinterpretation, our team at A Y & J Solicitors has your back. With many years of experience handling immigration appeals and as an SRA-regulated firm, we understand how to effectively challenge your refusal by presenting arguments with supporting evidence to strengthen your case and boost the probability of approval. The team has invaluable knowledge of immigration laws in the UK, which goes hand in hand with offering case-specified solutions to clients' cases. We believe in guiding you through every step involved in the appeal process to minimise delay while maximising your chances of success.
With over 1,200 five-star Google and Trustpilot reviews and listings in The Legal 500 Guide to the UK Top Law Firms, A Y & J Solicitors is a leading immigration law firm. If your application for an EEA Family Permit Residence Card has been refused, let us deal with the complexities of your appeal. Our specialised immigration Associates at the firm will offer expert counsel and representation.
If you need professional help with an appeal against an EEA Family Permit or Residence Card, please complete the enquiry form or contact our specialist team at A Y & J Solicitors.
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"A Y & J Solicitors helped me with my spouse visa application. I was assisted by Rajvinder, who was helpful and answered my many, many questions throughout the process. She did ensure all the paperwork was accurate and complete, which was crucial for a successful outcome. If you're looking for a firm that gets the job done, it's a good fit!"
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EEA Family Permit and EEA Residence Card applications are getting refused in large numbers nowadays. Since the UK voted to leave the European Union in June 2016, there has been a flood of EEA nationals and their family members applying for EEA Family Permits and Permanent Resident Cards to secure their right to live and work in the UK.
At times, EEA Family applications are rejected even if the application details and supporting documents are correct. At A Y & J Solicitors, we have helped many individuals with their application and appeal matters, and we are well-known for our commitment to our clients and always working towards achieving the best possible results.
There are various reasons why UK Visas and Immigration (UKVI) issue refusals to applicants for their EEA Family Permits and Residence Cards. These include:
The best way to avoid having your application refused is to instruct an experienced Immigration Lawyer at the beginning of the application process. Our experts can ensure that any forms are filled out correctly and collate the relevant documents. Also, we analyse the strengths and weaknesses of your application and draft legal representations with your application, explaining any anomalies.
EEA Residence Card Refusal
Suppose UKVI refuses your application for a Residence Card. In that case, you will have a statutory right to appeal against the refusal of the application unless you fail to provide evidence of the EEA family member’s nationality, i.e. the ID card or passport of the EEA national. The appeal against the refusal of the Residence Card application must be filed with the First-tier Tribunal within ten working days (5 working days if you are in detention) from the date of receipt of the refusal letter.
You may also wish to submit a new EEA Residence Card application instead of pursuing your appeal.
EEA Family Permit Refusal
The window of opportunity for appeal of an EEA Family Permit refusal is brief – only 28 days from the date you receive the refusal. You can exercise your appeal rights by filing an appeal with the First-tier Tribunal. Depending on the reasons for refusal, you may also consider submitting a new EEA Family Permit application.
Before October 2017, the landmark judgment (Sala (EFMs: Right of Appeal: Albania) [2016] UKUT 411 (IAC)) concluded that Extended Family Members (EFM) have no right to appeal against a decision by the Home Office. The Court of Appeal overturned the decision, and extended family members now have the right to appeal if their EEA Family Permit or Residence Card is refused.
We have over ten years of experience challenging UKVI decisions. We understand the procedure for an immigration appeal and will ensure the process is followed correctly. Read our success stories on EEA Family Applications here.
Our experts will examine the reasons given for your application’s refusal and then work with you to decide the best course of action. Before considering an appeal, it may be more appropriate to resubmit your application if the refusal was based on the fact that the application form was not filled in correctly, incorrect supporting documentation was submitted, or failure to provide required evidence.
If the resubmission is not appropriate, we can analyse and recommend lodging an appeal with the First Tier Tribunal. With regard to EEA Family Permits, applicants can have their applications reviewed by an Entry Clearance Manager (ECM), and often, this results in the initial decision being overturned and the EEA Family Permit approved. If the ECM considers the original decision appropriate, the First-tier Tribunal will list your appeal for an oral or paper hearing, depending on your preferences.
As a team of experienced immigration lawyers, we have an established reputation for effective and efficient management in assisting our clients with their UK EEA Family Permit and Residence Card refusals.
If your appeal is unsuccessful, A Y & J Solicitors can advise and assist you in submitting an appeal to the Upper Immigration Tribunal (Immigration and Asylum Chamber) to have the decision of the First-tier Tribunal reviewed if we believe that the decision contains an error of law.
The right to appeal to the Upper Tribunal is not an automatic right, and we must first seek – and be granted – permission to appeal from the First-tier Tribunal First and the Upper Tribunal if refused. We have helped many clients; read our reviews here.
Will I have to go to court if I appeal?
You will receive a decision on your appeal by post. The tribunal will send you a copy of the decision within four weeks of the hearing.
The tribunal will either decide to:
