The UK is well-known for having one of the strictest immigration systems in the world, especially over the last decade. The Tories’ Hostile Environment Policy and manifesto pledge to reduce the UK’s net migration to less than 100,000 as well as the UK’s complex Immigration Rules are the main reasons why the Home Office refuses so many UK visa applications. However, Applicant’s may be given an opportunity to have the decision overturned if they are given a Right of Appeal and are able to put forward a winning case before the Immigration Judge. Just like the initial visa application process, the UK Immigration Appeal process can also be complex and confusing for Applicant’s, therefore to have a chance at a successful appeal, Applicants should contact our Immigration Appeal team to arrange a consultation in order to discuss their case in more detail and let you know how to proceed with a successful appeal case.
What is a UK Immigration Appeal?
When the Home Office refuses a UK Visas and Immigration application, it is sometimes possible to challenge this decision and have the Home Office withdraw their decision and reconsider the application. There are three ways to challenge a negative decision by the Home Office. This is either by an appeal, an administrative review or a judicial review. We give a brief overview of each below:
Appeal – You have 28 days to submit your appeal if your application was submitted outside the UK, or 14 days if it was submitted within the UK. This is done by completing the appeal form and submitting your grounds of appeal. The appeal can then be decided by the Judge on papers (meaning he will consider your appeal and give a decision in writing) or the Judge can make a decision after an oral hearing, where the Appellant and any witnesses can give live evidence and Counsel for the Appellant and the Respondent (the Home Office) will put forward oral submissions. If the Judge decides to allow the appeal, the Home Office is given the chance to reconsider their original decision or ask to appeal the Judge’s decision within 14 days of the Judge’s written determination. If the Judge refuses the appeal then it is the Appellant who can then seek permission to appeal if they feel the Judge has made an error of law. This is when the UK Immigration Appeals process becomes more complex.
Administrative Review – You can apply for an administrative review if you are inside or outside the UK, depending on what decision you are challenging. Unlike an appeal, you can only make an application for administrative review if you think the Home Office has made an error, and no new documents can be considered during for the administrative review that were not submitted with the initial application. If you are outside the UK you are given 28 days to submit your administrative review and if you are in the UK you have 14 days. If your visa was cancelled at the border and are granted temporary admission into the UK, you may also apply for an administrative review and have either 14 days to apply or 7 days if you are detained. We give our top tips for submitting a successful administrative review here.
Judicial Review – Submitting a judicial review claim is the last resort and only to be done when all other appeal rights have been exhausted. There are several stages to making a judicial review claim and it can be a complex and costly process. It is always best to seek advice from a UK Immigration specialist, such as our immigration team, before submitting a judicial review claim.
How to prepare for a successful UK Immigration Appeal
It is crucial to properly prepare for a UK Immigration Appeal as the Immigration Judge needs to see compelling evidence in order to decide to allow the appeal and then for the Home Office to decide to withdraw their initial decision. In some circumstances, if a strong Appellant appeal bundle is submitted, the Home Office may even decide not to go through with the appeal hearing and reconsider the application. The benefit of this is that it will save time and the Applicant money on not having to pay for a Barrister to attend the immigration appeal hearing.
Our top tips for preparing for a successful UK Immigration Appeal are:
- Ensure you have a strong Appellant’s bundle, meaning your documents demonstrate that you meet all of the relevant Immigration Rules or that you have compelling and compassionate circumstances;
- Ensure you have good legal representatives, such as our Immigration Team, who will assist you in gathering a strong Appellant’s bundle and will also help you find suitable Counsel to attend the hearing and argue your case in front of the Judge;
- Ensure you comply with all the time limits and Directions given by the Tribunal.
Going through the appeals process can be a daunting and stressful experience, especially to go through on your own. Therefore it is advised that you contact our UK Immigration Appeal specialists in order to guide you through your appeal.
Using Legal Representation to prepare a successful UK Immigration Appeal Case
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an UK Immigration Appeal.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure Home Office application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Immigration Appeal is successful.
Successful UK Immigration Appeal
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your application before your matter even reaches the Home Office UK Visa & Immigration department for reconsideration. We can assist you with the preparation and submission of your appeal and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful UK Immigration Appeals. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our specialists, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.