How to appeal an immigration decision
Many people think that if the Home Office has said ‘no’ to their visa application then that’s the end to their Immigration dreams because they don’t think they can take on the Home Office and win.
OTS Solicitors specialise in helping people who’ve tried to make their own visa application or have used a non-specialist solicitor and ended up regretting it. We are often asked if we mind helping sort out the visa appeal when we haven’t submitted the original Immigration application. However, the vast majority of the appeal work that our specialist Immigration appeal team carries out takes place after someone else has tried and failed and therefore appealing the Immigration decision is the best way forward.
Immigration appeal solicitors
Central London Immigration appeal solicitors can help with challenging a Home Office refusal and appealing a visa decision or starting judicial review proceedings. To speak to an Immigration appeal solicitor call us on 0203 959 9123 or complete our online enquiry form
Avoiding Immigration appeals
At OTS Solicitors we are extremely proud of our visa success rate. It is something that we like to boast about as the key to our success and to our rankings in the leading legal directories, Legal 500 and Chambers Guide to the Legal Profession.
So, how do you avoid an Immigration appeal? It is an important question as each time we are instructed on a visa appeal our specialist Immigration appeal solicitors review any paperwork prepared by you or by your former solicitor and assess why the visa application was refused and what could have been done differently, such as:
Checking that the visa you are applying for is the best one that meets your family or personal circumstances. Sometimes a different visa would give you UK entry clearance for the same period but would be far easier to secure; and
Ensuring that the application form was completed correctly. All too often silly and relatively minor mistakes on the visa application form can result in the Immigration application being refused by the Home Office. That can be very frustrating but Home Office officials will tell you that they are not there to sort out errors on application forms; and
Making sure that the information on the Immigration application form and the supporting documents meet the Home Office guidance on the completion of the visa application and the required documents; and
Using the right expert for the visa application. You will find that most specialist Immigration law firms will have teams of Immigration solicitors just focussing on niche Immigration areas such as Brexit applications, business immigration applications, spouse visa and family permits or Human Rights appeals. That way you get an Immigration solicitor who is an expert at what they do; and
Instructing an Immigration solicitor who ‘knows the system’ and understands Home Office procedure and how and when to fast track visa applications.
Getting a visa application right first time avoids:
Delays in securing your visa and disruptions to your Immigration plans and dreams; and
The expense and uncertainty of Immigration appeal proceedings.
Can I appeal a visa decision?
If you have received a visa or a Home Office Immigration refusal and want to appeal the Home Office decision then the first question is whether you have a right of appeal.
Not every visa applicant has a right of appeal and that is why it is best to check if you do have the ability to appeal the Home Office Immigration decision. Specialist legal advice is needed as you may be able to:
Apply for an administrative review; or
Appeal the decision to the First-tier Tribunal; or
Apply to judicially review the Home Office Immigration decision.
It may be possible to ask for an administrative review or to appeal a Home Office decision to refuse a visa application if you have been:
Refused a visa to come to the UK; or
Your entry to the United Kingdom has been refused; or
Refused an extension of your visa; or
Told that you are to be deported from the UK ; or
Sent a notice of removal by the Home Office.
You will have a right to appeal to the First-tier Tribunal (an independent court) if the Home Office has refused your Immigration application based on:
Asylum or humanitarian protection; or
human rights ; or
The revocation of your refugee or humanitarian protection status.
Appealing a visa decision – next steps
When you receive a Home Office refusal letter it can be tempting to ignore the letter because you are disappointed by the contents or don’t understand the reasons behind the Home Office decision to refuse your Immigration application. However, there are time limits to request an administrative review, start appeal proceedings to the First-tier Tribunal or to the Upper Tribunal or to commence judicial review proceedings. So, if you want to challenge a Home Office Immigration decision it is vital to get quick and expert Immigration legal advice.
If you are in the UK, and you want to appeal a Home Office decision the appeal application form has to be submitted to the First-tier Tribunal within fourteen days from the date of the Home Office refusal decision.
If you are outside of the UK, then your appeal to the First-tier Tribunal must be sent to the First-tier Tribunal within twenty eight days from when you received the Home Office refusal decision.
Appealing to the Upper Tribunal
If you don’t succeed in your appeal to the First-tier Tribunal then you may be able to make a further appeal to the Upper tribunal if you have a case to say that the First-tier Tribunal applied the law to your case incorrectly. You will need permission to appeal the decision of the First-Tier Tribunal from either the First-Tier Tribunal judge or from the Upper Tribunal.
judicial review proceedings
If you don’t have the legal right to appeal the Home Office Immigration decision you may be able to start judicial review court proceedings if you have a case to say that the Home Office acted outside its legal powers or acted in an unfair or disproportionate manner.
A judicial review application is a totally different type of court application and process to an appeal to the First-tier Tribunal. If you have the right of appeal then a judge can reconsider the original decision to refuse you a visa or entry clearance. If you don’t have a legal right to appeal and instead you start judicial review proceedings a judge can only review whether the Home Office decision was lawful, irrational or unfair.
Appealing against a Home Office Immigration decision is complex and you need to act fast to make the correct application in accordance with the appeal deadlines. However, with a well presented appeal your Immigration dreams stand the best chance of success.
Immigration appeal solicitors
London OTS Immigration appeal solicitors can help you to challenge a Home Office visa refusal and appealing a visa decision or starting judicial review proceedings. To speak to an Immigration appeal solicitor call us on 0203 959 9123 or complete our online enquiry form