Immigration Appeal Rights

As immigration law experts we get daily calls from people who have had their visa application or their UK settlement application refused and want to know their best appeal options. In this blog we answer your questions on your immigration appeal options and rights.

UK London based and online immigration solicitors

For specialist advice on appeals and individual immigration applications call the immigration law team at OTS Solicitors on 0203 959 9123 or contact us online. Appointments are available by phone or video call.

Can I appeal against a Home Office immigration decision?

The answer to whether you can appeal against a Home Office decision to refuse your visa or settlement application isn’t straightforward as it depends on the nature of your application and your circumstances. In some situations, the best advice is to pursue an alternate visa application or to resubmit an application, for example, when you meet the continuous lawful residence requirement required for an indefinite leave to remain application.

As the answer to whether you can lodge an appeal is complex, it is best to get speedy but expert legal advice on your circumstances but, in broad terms, you can appeal against a Home Office immigration decision if:

• Your immigration application includes a human rights
• The Home Office has revoked your protracted status or refugee status.
• The Home Office has refused a protection claim or asylum
• The Home Office is depriving you of your British citizenship.
• Your immigration application was for a frontier worker permit.
• Your immigration application was for a health and care worker visa.
• Your application relates to various matters flowing from the EU Settlement Scheme for EU nationals applying for settled status.

What happens if I don’t have a right of appeal against a Home Office immigration decision?

If you don’t think that you have a right of appeal it is still best to take expert immigration legal advice. That’s because the above list is a summary and even if there is no right of appeal you could potentially:

• Make a further immigration application.
• Apply for a visa using a different visa route, for example, apply for a skilled worker visa rather than a family visa.
• Ask the Home Office to conduct an administrative review of the decision to refuse your immigration application.

Whatever the nature of your immigration application it is crucial to get quick but specialist immigration legal advice as there are time limits within which you can ask for an administrative review or submit a further application.

What is a human rights claim?

The majority of immigration appeals relate to human rights claims. To ensure you have a right of appeal in a complex immigration application it is best to carefully prepare your application to include human rights claims, such as right to family life.

Whether you are considered to have included a human rights claim in your immigration application can be complicated. For example, if you have left a relationship because of domestic violence and are making an immigration or settlement applicationyou may think that there is an automatic human rights claim but there isn’t unless you plead it and refer to it.

You may think that it is worth mentioning human rights in all cases to provide an avenue for appeal but legislation says a human rights or protected claim can be certified as clearly unfounded. The effect of that certification means your appeal can only be heard when you are outside the UK. The act of leaving the UK is a deterrent to some to pursue an appeal hence the certification procedure. However, for the determined, you can apply for a judicial review of the Home Office and their decision to certify the human rights aspect as clearly unfounded.

Immigration appeals and time limits

One of the key aspects of any immigration appeal is the time limits within which to lodge an appeal. It is crucial to get expert immigration advice as quickly as you can because of the tight deadlines.

If you are appealing an immigration decision from within the UK you only have fourteen days to appeal the decision from the date of the decision being sent.

If you are appealing an immigration decision from outside the UK you only have twenty-eight days to appeal the decision from the date of the decision being sent.

The immigration rules on how time is calculated and whether you can appeal from within the UK or not are complicated so if you are unsure of your rights or appeal options it is best to take specialist immigration legal advice on the specifics of your potential appeal.

If you think that you are out of time to start an immigration appeal it is still worthwhile to take immigration law advice because there is a procedure to apply for leave to appeal out of time.

When looking at whether to grant an application for leave to appeal out of time the tribunal will consider the extent of the delay in appealing and the reasons for it as well as all the circumstances behind the reason for the application for an extension of time. However, immigration solicitors say whether delay is deemed justifiable or not, it is always preferable to get an appeal in on time to avoid the risk of the application for leave to appeal out of time being refused.

Appeal alternatives

You may have alternative options to an appeal such as a fresh immigration application. Not everyone can make a new immigration application so it is vital to get expert immigration advice on your appeal options and the likely prospects of success within the fourteen day or twenty-eight-day timeframe to submit the immigration appeal.

Leaving the UK during appeal proceedings

Many immigration appeal applicants assume that once they have taken immigration legal advice and lodged their appeal, they can leave the UK for family or business reasons. However, in many situations, if you leave the UK after starting an appeal your appeal is treated as abandoned. You should not therefore leave the UK for any reason without first taking legal advice so as to not jeopardise your immigration appeal.

 

UK London based and online immigration appeal solicitors

For expert advice on appeals and individual immigration applications call the immigration law team at OTS Solicitors on 0203 959 9123 or contact us online. Appointments are available by phone or video call.