Immigration Appeals (First Tier Tribunal, Upper Tribunal & Administrative Court)
If you have had your UK visa refused, you may still have options available to you. Don’t give up on a visa for the UK, because in most UK visa refusal cases applicants have the right to appeal the decision.
Following the changes implemented by the Immigration Act 2014, you may have limited right to appeal. If your application does not attract a right to appeal, then you may be able to complete an administrative review. Click here to read more information on how to challenge a visa refusal through an administrative review.
You do, however, only have a small window of time to lodge an appeal, so it is important to act fast and seek advice as soon as possible. ICS Legal have trained and experienced UK Immigration Lawyers who have extensive experience lodging UK visas refusals and refusal appeals, giving you the best possible chance of success and entry to the UK. Setting out the grounds of appeal to the First Tier Tribunal is important, as this relies on if the matter gets listed to the First Tier Tribunal.
Right to appeal and the changes implemented by the Immigration Act 2014
When you receive your UK Visa Refusal, it will explain whether or not you have the right to appeal your refusal. Visa appeals are most common for people who are related to, married to, or dependent on British citizens.
If you have applied for any of the points-based visas, you won’t have the right to appeal the decision but there is another process called the administrative review to look over these applications. This review looks at the points allocated and checks whether your application was correctly assessed by the original officer. Unlike a visa appeal, you cannot attend the First Tier Tribunal.
Why was my UK Visa refused and what I can do?
A visa refusal can occur for a number of reasons, often involving simple mistakes made by the applicant. These might include an error in your application or failure to provide all the necessary documents. In more serious cases, a visa refusal might relate to criminal convictions or false/forged documents.
Many independent visa applicants do technically meet the requirements of the visa but don’t know how to present the case properly to the Home Office case worker. This means that they can lose points simply for not fully demonstrating how they meet the criteria, or they do include plenty of documents to support applications for Partner Visas and the like, but do not realise that sometimes documents and statements can count against their case if not presented in the way that UKHome Office expect.
Occasionally, people also apply for the wrong visa entirely as there are so many different visas for the UK that they do not know which one is right. These people are perfect applicants and would have been accepted on the correct visa, but unfortunately didn’t have the knowledge necessary to select the correct Tier and show their eligibility properly.
We know the visa application and appeals process inside and out and can ensure that every case is reviewed properly as well as picking up on possible gaps where the procedure wasn’t followed. This gives you the absolute best chance in your appeal. Having experts on your side makes the difference at every stage, whether you are just applying and want to avoid the costly and time-consuming process of a visa appeal, or whether you submitted independently and need our help proving your case to the authorities.
Getting expert help from ICS Legal
ICS Legal has a team of Immigration Consultants fully qualified to lodge a visa refusal appeal. To lodge an appeal, Immigration Consultants require Level 3 registration with the Office of Immigration Services Commissioner (OISC) which is the highest level available. With expertise in Immigration law, our UK Immigration Lawyers can quickly determine the reason for your visa refusal, and tell you exactly what you need to do to be approved.
Immigration Appeals from Overseas
If you are overseas and have applied for a UK visa which has been refused, you will have 28 days to appeal this decision from receipt if you have been granted a right of appeal (depending on the method of service). The appeal must be lodged before this date expires.
What happens at an Immigration Appeal Hearing?
When you appeal, your case is heard by an Immigration Judge who is independent. Where listed for an appeal and the case actually proceeds to a full hearing, the Immigration Judge considers the arguments raised from both sides. When heard orally, cases can be put forward fully. The client or sponsor (or both) have the chance to give live evidence before a Judge ensuring the matter is heard.
Deciding, what to do?
Although pursuing an immigration appeal may be an option in certain circumstances, we will advise you as to whether an appeal or a fresh application, if possible and/or applicable, is best for you. Appeals are often an effective remedy as UKVI officers at times make errors when considering applications and make decisions which are inaccurate or irrational for example.
Mandatory Re-Entry Bans
Further, another recent introduction into the UK Immigration Law System is that of re-entry bans. Depending on your circumstances in the UK and/or how you left the UK (i.e. overstayers, illegal entrants, etc.) and what category you’re seeking to return, you can face a re-entry ban of between 1 year, 5 years or 10 years depending on your circumstances. In such cases, ignorance really is no defence. The effects are very serious and can have massive repercussions from often innocent mistakes. As experienced UK Immigration Lawyers, we have practical experience in successfully handling such decisions and overturning them.
Lodging a good application avoids matter going before the Tribunal
Keeping in view the magnitude of the visitor visas i.e. 4 out of 5 visas are issued to applicants from outside the UK are issued for visiting the UK, therefore, it is pertinent to state that most of our audience like to know more and better about UK Visit Visa Application Process, especially if they have experienced either one or more past refusals. Therefore, some explanation on the types of UK Visitor Visa and links to further details are as under:
- Standard Visitor Visa for the Family, General Tourist, Child, Sports Visitor. Business visitor visa, including visas for academics, doctors, and dentists and Entertainer Visitors. UK Visit Visa for Prospective Entrepreneur, Private Medical Treatment and Approved Destination Status.
- Permitted Paid Engagement (PPE) Visa for Visiting Examiners or Lecturers, Assessors, Qualified Lawyers, Designated Air Pilot Examiners, Arts, Sports and Entertainment Professionals.
- Marriage or Civil Partnership Visitor Visa.
- Parent of a Tier-4 Child Visit Visa.