UK Visa Appeals

Your odds of winning an appeal are highest when you use UKIS’ Visa Appeal Package.

Simply call us at 02033844389 if you need help with your visa. You can also fill out the online form here.

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UK Visa Appeals Package

The newly released statistics for the third quarter of 2017/18 demonstrate that the percentage of immigration decisions being reversed by judges is at its highest level on record. Exactly 50% of appeals to the Immigration Tribunal challenging Home Office refusals to issue UK visas now succeed.

The mere existence of the visa appeals process can be considered an acknowledgment that Home Office accepts that they can get it wrong. However, the fact that precisely half of the challenges against Home Office refusals to issue visas to people to stay in the UK were successful tells us that one out of every two refusals issued was unjustified, unfair and ultimately overturned on visa appeal.

The worrying thing here is that many applicants simply accept a refusal at face value on the naive assumption the the UKVI staff are knowledgeable, well trained and have acted lawfully.

If you are unsure of your position or would like to ensure that your application is handled by a knowledgeable specialist, get in touch with one of our friendly team members now on 02033844389 to find out exactly how we can assist you to get it right first time round, saving you time, money and the heartache of being refused.

Overview: UK VISA APPEALS

Our experienced UK immigration Solicitors can help you with your immigration process.

Appeal against a visa or immigration decision

You might be able to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has:

You might also be able to appeal to the First-tier Tribunal (Immigration and Asylum Chamber) about a Home Office decision on an application submitted before 6 April 2015.

The tribunal is independent of government (Courts, tribunals and appeals). A judge will listen to both sides of the argument before making a decision.

You can only appeal to the tribunal if you have the legal right to appeal – you’ll usually be told if you do in your decision letter. You have 14 days from the date of your decision to make an appeal, if you appeal after this date you will need to give an explanation why and the tribunal will decide whether or not it can hear your appeal.

Speak to our assessment team now to confirm your eligibility and options for free on 02033844389.

Our experienced UK immigration Solicitors can help you with your immigration process.

Oral Hearings

You can ask on your visa appeal form for a decision to be made either:

The tribunal can decide to have a hearing even if you don’t ask for one. You’ll be told if this is the case and invited to attend.

If the tribunal doesn’t hold a hearing, a judge will decide your case based on your appeal form and the documents.

Hearings are carried out in public. You can ask for it to be held in private or to attend by video link, but you must have a reason, for example a public hearing would put you in danger.

You can ask for a male or female judge if you think there are issues in your UK visa appeal that make it appropriate. The tribunal will decide if it can do this.

Our experienced UK immigration Solicitors can help you with your immigration process.

Applications made before 6 April 2015

You might be able to appeal against a decision made by the Home Office if you submitted your application before 6 April 2015 and it was refused.

Tier 1, 2 or 5 migrants and family members

You can make an appeal if you applied for leave to remain as a Tier 1, 2 or 5 migrant or family member before 2 March 2015 and your application was refused on or after 6 April 2015.

You can only do this if your application being refused means you don’t have permission (‘leave’) to enter or remain in the UK.

Tier 4 migrants and family members

You can make an appeal if you applied for permission to remain as a Tier 4 migrant or family member before 20 October 2014 and your application was refused on or after 6 April 2015.

You can only do this if your application being refused means you don’t have permission (‘leave’) to enter or remain in the UK.

Other decisions

You can appeal against certain other Home Office decisions if you applied before 6 April 2015 and your application was refused on or after the same date.

You can only do this if the Home Office’s decision didn’t include refusing an asylum or human rights claim.

Leave to enter

You can appeal if your application for leave to enter was refused.

Vary your leave to enter or remain

You can appeal if your application to change (‘vary’) the length and conditions of your stay in the UK was refused. You can only do this if your application being refused means you don’t have permission (‘leave’) to enter or remain in the UK.

Entry clearance

You can appeal if your application for entry clearance was refused.

Certificate of entitlement

You can appeal if your application for a certificate of entitlement to prove you have a right of abode in the UK was refused.

If there is a hearing

We will write to you with details of where to go for your hearing.

If you can’t attend yourself you can ask someone to represent you and ask witnesses to attend.

You may have to give evidence at the hearing and answer questions.

You may need to take part in a ‘pre-hearing’, where the tribunal will check that you’re ready for a full hearing.

The hearing will be attended by:

It can also be attended by:

Get a decision

You’ll be given a decision in person or by post.

The tribunal will either decide to:

You’ll usually get a copy of the tribunal’s decision within 4 weeks of the hearing.

Both you and the Home Office can appeal the decision of the tribunal.

The tribunal can order either you or the Home Office to pay the other’s costs if either of you has acted unreasonably.

If you win your appeal

The Home Office will change (‘revise’) its decision if you win your UK visa appeal. 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.

If you lose your appeal

You can ask for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber) if you lose your case and you think there’s a legal mistake with the tribunal’s decision.

For example, you think the tribunal:

If your appeal can’t be resolved at the hearing

If your appeal isn’t held on its scheduled day for any reason (for example there isn’t a judge available) it’ll be rescheduled for another day.

Your hearing may also be adjourned as ‘part heard’ if there isn’t enough time to finish it, or it can’t be resolved on the day. The tribunal will arrange another hearing with the same people present.

Our experienced UK immigration Solicitors can help you with your immigration process.

Frequently Asked Questions (FAQs)

Hidden

Most of the time, a child needs a visa in order to live in the UK. For instance, if their parent is a foreign national working or studying in the country, the child may need a Child Dependant Visa.

What happens if my administrative review is unsuccessful?

In case the Home Office denies your administrative review, marking it as unsuccessful, our legal team can advise you on subsequent steps. This may involve submitting a new application, appealing based on human rights considerations when applicable, or pursuing a Judicial Review of the decision.

What is administrative review for UK visa?

What Does Administrative Review Entail? Administrative Review is a procedure through which individuals applying for entry clearance/visa can contest a rejection, asserting that the decision is inaccurate due to an error in case processing.

What is the success rate of the UK visa appeal?

In the past fiscal year, over 50% of appeals to the immigration tribunal, predominantly contesting Home Office refusals for individuals to remain in the UK, were successful. The appeal success rate has consistently remained above 50% in every quarter since July-September 2017, based on official data spanning over a decade, back to 2007/08.

What is the success rate of administrative review?

The review fee is £80, which is refundable if the original decision is overturned based on the initial evidence. According to Freedom of Information data, 54% of EU Settlement Scheme administrative reviews concluded by January 31, 2022, resulted in a successful outcome.

Can I appeal a UK visa refusal?

You are granted a 28-day window to file the uk visa appeal after receiving your decision. In the event that you must depart the country before being permitted to appeal, you still retain a 28-day period to initiate the appeal after your departure. If the application is submitted after the deadline, an explanation must be provided, and the tribunal will assess whether it can still consider your appeal.

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