Visa or Immigration Appeals 101: What You Need to Know

Your immigration dreams don’t have to end with a visa rejection. If your UK visa application was refused by the Home Office, you have a chance to challenge the refusal, appeal to the First-Tier Tribunal (Immigration and Asylum Chamber), and win.

15% of all UK visa applications are rejected, with a particularly high rate in some categories. The now-closed Tier 1 (Entrepreneur) route had an astounding 50% refusal rate. Fortunately, more than half of the immigration decisions have a chance to get overturned on appeal. In fact, studies show that the Home Office loses 75% of the immigration appeals.

You may be given a full right of appeal, no right of appeal, or a right of administrative or judicial review depending on the type of application submitted. The “notice of decision” you receive states your appeal rights.

Appealing UK Visa Refusals

Applications that are refused with a full right of appeal—such as the refusal of ILR applications, Residence Card, Permanent Residence, or Spouse Visa refusal—can be challenged by making an appeal to the immigration tribunal. You can find the appeal application form online here.

If your application was refused inside the UK, you usually have 14 days from your notice of the decision to make an appeal. For applicants outside the UK, your time period is typically 28 days.

You also receive reasons for your application being refused by the Home Office, in addition to your relevant timeframes and right of appeal.

Preparing The Case

Preparing for an immigration appeal includes:

• Complete assessment of the reasons for refusal
• The evidence and documents submitted
• Drafting witness statements and grounds of appeal
• Completing the appeal application. This is then lodged with the Tribunal and later sent to the Home Office.

The grounds for appeal are limited to:

• Your revocation of the protection status would breach UK’s Refugee Convention obligations, in relation to those eligible for a grant under the Human Rights Act
• The decision isn’t in accordance with EU law
• The decision contradicts section 6 of the Human Rights Act

Your appeal will not be considered if it doesn’t fit in within one of these grounds.

Our Wembley Immigration appeal solicitors can help you with challenging Home Office refusals and guide you on judicial review proceedings. To speak to an Immigration appeal solicitor, call us at 02034173700.