Would you like to appeal against a visa or immigration decision?
Contact us now to speak with one of our specialist immigration solicitor’s who will advise you on the next steps to take.
How to appeal an immigration decision?
If you are outside the UK and your application for entry clearance (UK visa) is refused by the Entry Clearance Officer (ECO), you can appeal to the First Tier Tribunal within 28 days of the receipt of the notice of refusal from the Entry Clearance Officer (ECO). This is usually known as an entry clearance appeal.
If you are inside the UK and your application for extension of stay in the UK has been refused, you can appeal to the First Tier Tribunal against the refusal of such application within 10 working days of the date of receipt of the refusal letter if you are not in detention. If you are in detention, you should file an appeal within 5 working days (2 working days if you are detained and your asylum claim is being considered under fast track process).
How to apply for permission to appeal to the Upper Tribunal
If your appeal against the refusal of your application is dismissed by the Immigration Judge sitting at First Tier Tribunal, you can file an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal. Such application should be made to the First Tier Tribunal within 5 working days if you are inside the UK and within 28 days if you being the appellant are outside the UK. An application for permission to appeal to the Upper Tribunal is made on the grounds that the Immigration Judge at First Tier Tribunal who determined the appeal made a material error of law in determining the appeal. If your appeal has been allowed, the UKBA can make similar application to the First Tier Tribunal on the grounds that the Immigration Judge made material error of law in determining the appeal.
If your application to the First Tier Tribunal for permission to appeal has been refused by the First Tribunal, you can make another application to the Upper Tribunal for permission to appeal to the Upper Tribunal within 5 working days of receipt of decision if you are inside the UK and within 28 days of receipt of decision if you are outside the UK.
If an application for permission has been granted either by the First Tier Tribunal or by the Upper Tribunal, the Upper Tribunal will list the matter for appeal hearing to decide whether or not the Immigration Judge made a material error of law and whether or not the original decision of the Immigration Judge should be set aside.
If the Upper Tribunal dismisses your appeal, you can then file an application to the Upper Tribunal for permission to appeal to the Court of Appeal. If the Upper Tribunal refuses such application, you can make another application to the Court of Appeal itself for permission to appeal to the Court of Appeal. If permission is granted, the court of appeal will hear the appeal and decide the appeal.
How Vincent Solicitors can assist you with making a successful Adult Dependent Relative Visa
This visa category is one of the most difficult visa’s to obtain, not only because of the stringent criteria imposed but also because of the subjective criteria an applicant has to meet . It s therefore imperative that you obtain legal advice from a specialist immigration solicitor from the outset of your immigration matter. At Vincent Solicitors our team of specialist Immigration Solicitors can access the merits of your case and devise a strategy to ensure that we obtain the best possible outcome.
Vincent Solicitors and Affordable fees
We cater to the needs of our clients by offering affordable fees and the option of flexible payment terms. If you cannot afford to pay our fee in full at the time of your instructions, we are happy for you to pay in instalments; we will accept half of the agreed fixed fee at the time of initial instructions with the balance to be paid upon submission of the application.
Vincent Solicitors and SRA Compliance
We are a firm of solicitors that is authorised and regulated by the SRA to provide immigration advice. Your matter will be dealt with by qualified immigration solicitors from instruction through to completion of your immigration matter. Get in touch for a free initial consultation.