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Home > Visa Refusal Appeal UK Procedure Guide
We help you submit appropriate documents and follow the right procedure to apply for a refusal appeal. We provide expert representation in the courts and whether the respondent (UKVI) or the immigration judge raises a query, our team of highly qualified lawyers will promptly clarify. We’ll give advice, support, and representation if a tribunal hearing is necessary.
The UK visa refusal appeal procedure can be difficult. But, our experienced immigration lawyers have overturned visa denials in our client’s favour before a tribunal hearing. This saves clients time, money, and stress. By entrusting us with your appeal, you can be confident it will be handled professionally.
If you are in the UK, you must appeal to the “First-Tier Tribunal” (immigration and asylum) within 14 days of receiving the decision notice, and within 28 days if you were denied entry clearance and given an extension.
Immigration appeals might be oral or written. In many circumstances, an oral hearing is desirable since it allows the appellant or lawyers to react on UKVI’s comments and questions from the respondent or immigration court.
There is no limit on how quickly a new application can be sent in. It’s important that the new application can fully address the reasons why the first one was turned down.
The “Immigration Tribunal” can take anywhere from 6 to 12 months to hear an appeal.
If your appeal is successful in front of a “First-Tier Immigration Tribunal”, you might get back the fees you paid when you filed the appeal.
If your appeal is approved, you would usually get the visa or status you tried for. Home Office/UKVI may also have to pay you back the fee you paid to the Tribunal.
If your appeal is denied, you may be able to go to the upper tribunal if the judge in the First-Tier Tribunal made an “Error of Law” in their decision.
Our immigration lawyers have award-winning experience with difficult UK spouse visa denial appeals. We’ll analyse your case after an initial consultation and advise you on all available alternatives, timescales, and costs. You may be confident that your application won’t fail because you didn’t match the criteria.
Citylaws has vast expertise with appeals and judicial reviews for various applications, and we address each case with expert attention and participation. Our success includes complex and tough appeal cases. Our professionals will prepare documents and represent you in court. Our clients always receive outstanding service and a transparent fee structure with no hidden fees.
UK Spouse visas are often denied for the following reasons:
You can avoid such circumstances if you contact our lawyers early in the application process.
A spouse visa that is denied by the Home Office cannot be put under administrative visa review but your sole alternative is to appeal. If the refusal of your spouse visa threatens your right to private life as protected by the “Human Rights Act”, you may be eligible to obtain a hearing.
The appeal procedure can take a year or more. We’ll try to settle your matter with the Home Office before visiting the tribunal or court. If a court hearing is inevitable, we’ll keep you updated every step of the way.
In many circumstances, an applicant may be better off submitting a new application rather than appealing, but we recommend contacting us first to clarify that this is the appropriate approach for you. We can assist you to make a fresh Home Office-compliant application.
But if it turns out that you should make an appeal, it’s likely that it will be based on your rights under “Article 8” of the “European Convention on Human Rights” (ECHR).
At Citylaws, our immigration lawyers have vast expertise in appealing ILR refusals and filing Judicial Review cases. From the first contact, until the situation is resolved, we provide continuous service and assistance.
If you have already received an ILR/Settlement refusal, the expert lawyers at Citylaws can help you with your appeal or Judicial Review. We can tell you what paperwork you need, help you come up with a plan, and stand in for you in tribunals or court.
There are various reasons ILR applications are denied. But, some major reasons are:
If your ILR is denied, you have numerous options. We’ll evaluate each option and recommend the best one.
Some common ways in this case are:
If your application was submitted wrongly or missing documents, it may be easy to reapply for ILR. We’ll help you prepare a detailed application so you don’t have to do it again.
If you think the immigration officer made a mistake, you can request an administrative review. You have 14 days to appeal your rejection.
“Article 8 of ECHR” is the most typical way to appeal in this case. As it protects private and family life. These appeals demand specialized expertise and representation, which our expert team can provide.
Courts use judicial review to review the legitimacy of a UKVI decision. Before requesting
judicial review, all other options must be used. Our lawyers are professionals in pursuing such cases and follow the pre-action protocol to ensure UKVI reviews the refusal and grants ILR.
Citylaws can help with all aspects of a human rights appeal when family life is denied. This is one area of immigration law that is very hard to understand. Our lawyers have a lot of experience with human rights-based immigration appeals. We have a strong track record of helping our clients reach their goals.
We are “SRA-regulated law firm” that is authorised to handle complicated immigration cases. Immigration appeals are a speciality of our skilled attorneys. To ensure your rights are protected, we’ll take care of all the paperwork and represent you in front of the appropriate authorities in UK.
If you appeal, you ask a judge at an independent court (not the Home Office) to review your application and reverse the denial.
“First-Tier Tribunal” is the first court you can appeal a Home Office refusal to.
The courts must weigh a Home Office refusal against the claimant’s private and family life. To determine this, it will evaluate whether the refusal was for national security or to prevent criminal behaviour.
Your case’s complexity will determine how long it takes to finish your appeal. It can take up to a few months. However, it is essential to highlight that we strive to resolve disputes prior to a tribunal hearing.
Article 8 protects your private, family life and correspondence.
Private life term meaning is vast. It means you can live privately without state meddling. It involves:
Family life includes maintaining family ties. It encompasses your right not to be separated from your family and to retain communication. It involves:
We have years of experience in EEA immigration law, are able to advise and represent you, and provide legal counsel and prompt assistance.
Citylawyers will help you with your EEA family visa refusal appeal from initial consultation to decision. Clients can expect hassle-free service, regular updates, and clear communication.
Rejected EEA family visa applicants can appeal under the 2016 immigration (EEA) regulations. Refusals for EEA permanent residence card rates are high. So, when applying for an EEA family visa, it’s advised to consult with a lawyer. Contact our experts to help you appeal a denial.
Many causes lead UKVI to reject EEA family permits and residence cards. Some major reasons are:
The appeal form can be filled out online, and a fee must be paid online as well. If your EEA permanent residence card application was denied for a cause that can’t be fixed by reapplying, our immigration solicitors and advocates can advise and represent you.
Firstly, we’ll write to UKVI to explain our appeal. Because of our experience and ability to construct a solid legal argument for our clients, things may be settled in initial stages. If litigation is inevitable, we will provide strong representation in the tribunal, focusing on achieving the best possible results quickly.
If the application was made in the UK and the applicant is in the UK, the appeal against refusal of spouse visa application must be filed within 14 days of the date of the refusal letter.
If the application was lodged outside the UK, the appeal must be filed within 28 days of the denial letter.