UK VISA REFUSAL APPEAL PROCEDURE
The UK Visa Refusal Appeal Procedure can be complex but most of the time it ends with successful outcomes for our clients.
First Continental Solicitors’ immigration law team is formed by a dedicated and highly experienced UK solicitors.
Our service aims to help you to overcome every hurdle of appeal process.
We take pride in getting to know our clients and taking our time to understand their matter, so that we can provide the best possible immigration solutions.
Usually, clients who come to us concerning an immigration appeal have spent months and sometimes years contesting UK Visas and Immigration (UKVI) and are worried.
Not only do we provide them with the expert advice and representation they need, we give our clients the confidence that they are in the best hands and as such have a good chance of achieving a positive result on their Appeal.
Under English law, normally, people who have had a government department’s negative decision which affects their life (such as whether they can enter or leave in the UK), have a right to appeal.
The right to appeal 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.
Successive UK government have severely curtailed appeal rights for migrants applying for entry clearance or leave to remain in the UK, especially those applying under Points Based System.
Yet there are still protections under the law that can be explored and may well apply when your case is reviewed by a solicitor.
For many types of visas being applied for from outside the UK, formerly automatic appeal rights have been replaced with Administrative Review rights.
In relation to the Points-Based-System, the right to appeal has been removed, except in situations where it is alleged a refusal breaches the applicant’s human rights.
However, the definition of human rights is a legal concept and a review of your matter will tell us if your application can fall within the parameters of human rights and then gain a chance of appeal to the UK Immigration & Appeal Tribunal.
Therefore, instructing an experienced lawyer who is familiar with UK Immigration Laws is crucial, even essential, both at the visa application stage and when considering the prospects and merits of an appeal whether an administrative appeal or a judicial appeal.
The law, 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-line with the immigration rules
- that the decision is unlawful by virtue of Race and Religion section 19B
- that the decision is unlawful under the Human Rights Act, e. 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 the immigration rules)
- that discretion should have been exercised in a different way 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 after UK Visa Refusal?
An appeal must be lodged with the First-tier Tribunal within 14 calendar days of the date you were sent the notice of decision if you are in the UK.
If you have been refused entry clearance, your appeal must be lodged with the First-tier Tribunal within 28 calendar days and this can be extended in certain circumstances.
Immigration Appeals can be decided either orally or on the papers.
In many cases, an oral hearing is preferable as it allows the appellant (or, in the case of entry clearance appeals, a First Continental 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 visa, sometimes, we manage to overturn decisions in our client’s favour without the need of reaching the Tribunal for full hearing. Such successes save our client’s time, money and the stress during appeal process.
By instructing us to manage your appeal matter, you should be confident the matter will be managed by experts. Should a Tribunal hearing prove inevitable, we will provide you with full advice, support and representation.
On the subject of immigration appeals, the parties include the
- the Respondent (the Secretary of State, Entry Clearance Officer or Visa Officer depending on the type of appeal), and
- the appellant and in some cases, the legal representation of the appellant, i.e. a firm of solicitors.
Your legal representative from First Continental Solicitors will prepare appellant’s bundles and serve to all relevant parties. The Home Office also has the duty to serve 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.
First Continental Solicitors is regulated by SRA and can help with every aspect of an immigration appeal.
We will prepare the necessary paperwork and represent you before the tribunal.
For the best possible outcome, we approach each case with the expert attention and provide the appropriate type of intervention that is needed.
Our team has extensive experience with appeals on a variety of PBS, human rights visa applications, EEA Applications Appeal, Appendix FM applications.
Our many past successes include complex and difficult appeal matters where our clients have benefited from our ability to break down legal concepts into everyday language.
As a standard, we provide our clients with excellent customer service and our transparent fee structure with no hidden charges or extra costs is part of our promise to you.
We offer excellent client care services throughout the entire process from initial consultation until the hearing and the ultimate resolution.
We accommodate our clients in a variety of ways, including in-house consultations at our central London office, or virtual meetings (online/ telephone).
In some cases, we are happy to fly to your home country for consultations and face to face advise sessions.
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. £140.00.
The length of 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 taking 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 working with us, rest assured that we will ensure your legal right to remain in the UK is protected, wherever possible.