A refusal can be upsetting, especially where your family or future in the UK is affected. The immediate task is to establish the deadline and whether there is a right of appeal. SJS can review the decision, explain the available challenge and help prepare the case where an appeal is appropriate.
Some protection, human rights and EU Settlement Scheme decisions carry a right of appeal to the First-tier Tribunal. Other visa refusals do not. We read the decision and the relevant rules before advising which procedure is available.
Address the actual reasons
An appeal should respond to the findings that led to refusal. We review the original application, supporting documents and any relevant new evidence, then identify the disputed facts and legal issues. Witness evidence may need careful preparation.
Prepare for the tribunal process
An appeal has deadlines and directions that must be followed. Depending on the case, it may involve a hearing and representation by an advocate. We explain the work involved, the evidence needed and how you can prepare to answer questions.
A clear way forward
What happens next
01
Preserve the decision and deadline
Send every page of the refusal, the date you received it and any documents showing how it was served.
02
Assess grounds and evidence
We review the application history and reasons for refusal, identify the appeal issues and explain the prospects and risks as far as the evidence allows.
03
Agree the conduct of the appeal
We set out the work and costs, prepare the required documents and discuss hearing arrangements, including any interpreter or advocate needed.
Planning ahead
Fees and timescales
01 / Fees
Fees and costs
Appeal costs depend on the issues, evidence and whether a hearing is required. We will identify our fees and possible tribunal, interpreter, expert and counsel costs before the relevant work is agreed.
02 / Timescales
Timing and preparation
Appeal deadlines can be very short and depend on your location and the decision. Send the refusal promptly. If a deadline has passed, tell us immediately so the position can be assessed.
Read our published Price Guide, then contact us to confirm the work you need and the costs involved.
No. The right depends on the decision. Some cases have administrative review instead, and others may require a fresh application or consideration of judicial review.
Is the tribunal independent of the Home Office?
Yes. The First-tier Tribunal is independent. It considers the appeal under the applicable law and procedure rather than simply repeating the original application process.
Can I stay in the UK while appealing?
That depends on your immigration position and the type and timing of the appeal. Do not assume that lodging an appeal creates permission to remain or work.
Do I need to attend a hearing?
That depends on how the appeal proceeds. Where evidence is disputed, attendance and witness preparation may be important. We explain the arrangements applicable to your case.
General information about UK immigration. Contact us for advice about your circumstances.
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