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Immigration Appeal Against Refusal Of In-Country Applications

Home » Immigration Appeals » Refusal of In-Country Applications

Immigration Appeal Against Refusal Of In-Country Applications

You can appeal to the First Tier Tribunal (FTT) if your immigration application has been refused by the Home Office UKVI and you have been given right of appeal. Under section 82 of the Nationality, Immigration and Asylum Act 2002, a person may appeal to the Tribunal where a decision on an in-country application has been made to either:

  • refuse a protection claim
  • refuse a human rights claim
  • revoke protection status

You can challenge the refusal decision of the Home Office, UKVI to refuse your in-country application for permission to stay in the UK by way of an immigration appeal to the First Tier Tribunal (FTT) if you have been given a right of appeal against the refusal of your immigration application. You will usually be told in your UK visa refusal letter whether or not you have a right to challenge the refusal by way of an immigration appeal. The immigration appeal to the First Tier Tribunal (Ftt) should be filed within 14 days after the Home Office, UKVI sent the notice of decision to the appellant.

In some cases, you will have right to file an Administrative Review (AR) instead of right to appeal against the refusal of your application for leave to remain.

Where you have neither Administrative Review (AR) right nor appeal right against the refusal of your UK visa application, you can still challenge the refusal of your leave to remain application by way of Pre Action Protocol (PAP) and Judicial Review (JR).

Free Assessment Of UK Visa Refusal Decisions

As part of our free immigration advice service, our expert team of free immigration solicitors can carry out free assessment of UKVI refusal decisions of your immigration application by the Home Office UKVI. If your immigration application has been refused by the Home Office UKVI and you believe the refusal is unlawful, you can scan and email your refusal letter to us on This email address is being protected from spambots. You need JavaScript enabled to view it. and we can do free assessment of refusal decision. Upon assessment of UK visa refusal, our expert immigration solicitors will be able to advise you whether or not there are good grounds for challenging the refusal letter.

How We File Your Immigration Appeal?

As expert immigration appeal lawyers, we will file  appeal online using the MyHMCTS service. Online appeals are quicker than post or fax appeals. We will ask, in your appeal form, for a decision to be made either:

  • just on the information in your appeal form and any documents supplied to the tribunal
  • at a hearing that your representatives will attend

The tribunal can decide to have a hearing even if you do not ask for one. You’ll be told if this is the case. If the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and documents.

Asking For An Oral Hearing

You can ask on your appeal form for a decision to be made either:

  • just on the information in your appeal form and any documents supplied to the tribunal
  • at a hearing that you and your representative can attend

The tribunal can decide to have a hearing even if you do not ask for one. You’ll be told if this is the case and invited to attend. If the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and the documents.

Hearings are carried out in public. You can ask for it to be held in private or to attend by video link, but you must have a reason, for example a public hearing would put you in danger. You can ask for a male or female judge if you think there are issues in your appeal that make it appropriate. The tribunal will decide if it can do this.

Which Refusal Decisions Can Be Appealed?

Our specialist team of immigration appeals solicitors can provide expert advice and representations concerning following immigration appeals to the First Tier Tribunal (FTT):

  • Appeal Against Refusal Of Leave To Remain As Spouse Of A British Citizen Or Settled Person
  • Appeal Against Refusal Of Leave To Remain As Civil Partner Of A British Citizen Or Settled Person
  • Appeal Against Refusal Of Leave To Remain As Same Sex Partner Of A British Citizen Or Settled Person
  • Appeal Against Refusal Of Leave To Remain As Unmarried Partner Of A British Citizen Or Settled Person
  • Appeal Against Refusal Of Leave To Remain As Parent Of A British Child
  • Appeal Against Refusal Of SET(LR) 10 Years Long Residence Application
  • Appeal Against Refusal Of FLR(LR) 10 Years Long Residence Application
  • Appeal Against Refusal Of 7 Years Child Residence Application
  • Appeal Against Refusal Of 20 Years Long Residence Application
  • Appeal Against Refusal Of Discretionary Leave Application
  • Appeal Against Refusal Of Private Life Application [FLR(FP) Application]
  • Appeal Against Refusal Of Leave To Remain As An Elderly Dependent Parent Or Relative
  • Appeal Against Refusal Of Leave To Remain As A Child Of A British Citizen Or Settled Person
  • Appeal Against Refusal Of Leave To Remain As An Adopted Child Of A British Citizen Or Settled Person
  • Appeal Against Refusal Of Leave To Remain As Spouse Of A Member Of HM Forces
  • Appeal Against Refusal Of Leave To Remain As A Child Of A Member Of HM Forces
  • Asylum Appeal
  • Appeal Against Refusal Of Fresh Asylum Or Human Rights Claim
  • Deportation Appeal
  • Appeal Against Refusal Of Application As A Stateless Person or As a Family Member Of Stateless Person

Appeal Against Refusal Of EU Settlement Scheme, Frontier Worker or S2 Healthcare Visitor Application

You can file an appeal to the First Tier Tribunal against the refusal of your application for leave to remain under the EU Settlement Scheme (EUSS), Frontier Worker visa or S2 Healthcare Visitor visa. You can only appeal to the First Tier Tribunal after your Administrative Review (AR) against the refusal of your application has failed and you have been given a legal right to appeal to the First Tier Tribunal. Your administrative review decision will tell you how to appeal.

Step by Step Process Of Immigration Appeal

Following is the step by step process for an immigration appeal appeal against refusal of an in-country application for leave to remain:

  • Appeal process is started using the MyHMCTS service;
  • Notice of appeal is submitted online and the fee for the immigration appeal is paid online;
  • The Respondent provides their evidence in the form of Respondent’s bundle;
  • The Appellant builds his/her case by preparing and submitting the Appellant’s Bundle of documents;
  • The case is reviewed by the First Tier Tribunal and directions are given to the Respondent for the reconsideration or review of the refusal decision in the light of all the arguments and documents filed with the court;
  • The Respondent reconsiders the decision by reviewing the evidence and the refusal decision and either decides to maintain the refusal decision or agree to withdraw the refusal decision;
  • If the Respondent maintains the decision to refuse, the Appellant will submit any specific requirements for the appeal hearing;
  • The First Tier Tribunal will then list the matter for appeal hearing;
  • In some cases, there may be a pre-hearing review by the court in the form a Case Management Review (CMR) hearing before the final hearing;
  • The First Tier Tribunal hears the appeal in presence of all parties if you requested an oral hearing otherwise the court will decide the appeal on papers;
  • Decision on the immigration appeal is normally sent to the parties within 2 to 3 weeks after the appeal hearing or considering of the appeal on papers, as the case may be.

How Can We Help?

Our expert team of immigration appeals solicitors can represent you in your immigration appeal and carry out all the work on your immigration appeal until a decision is made by the Immigration Judge of the First Tier Tribunal (FTT) on your immigration appeal. The immigration casework to be carried out by our immigration appeal lawyers on your immigration appeal will entail the following:

  • We will discuss the reasons for refusal with you and advise you on potential grounds for appeal against refusal of your application for leave to remain;
  • We will advise you on the chances of success in your immigration appeal;
  • We will advise you on the timeframe, the costs involved and the court procedures for your immigration appeal;
  • We will file your immigration appeal online by completing the relevant online appeal form and help you pay the relevant court fee online for your immigration appeal;
  • We will draft the grounds of appeal to challenge the refusal of your immigration application in the court arguing how the refusal of your immigration application is unlawful and not in accordance with UK immigration laws;
  • We will advise you on the relevant documentary evidence to be submitted in support of the appeal bundle so that the leave to remain may be granted by the Home Office, UKVI upon review of the grounds and the supporting documents;
  • We will liaise with the First Tier Tribunal (FTT) after the filing of the appeal and do all the follow up work including complying with any court directions with regards to your immigration appeal;
  • We will prepare detailed witness statements of all the relevant witnesses who will appear in court to give evidence before the Immigration Judge of the First Tier Tribunal (FTT);
  • We will prepare Skeleton Arguments and file the same with the court and the Home Office Presenting Officers Unit (HOPOU) as per court directions;
  • We will prepare the indexed and paginated appeal bundles of all the supporting documents and file the same with the court and the Home Office Presenting Officers Unit (HOPOU) in accordance with the court directions;
  • We will assess the Home Office Bundle (also known as Respondent’s bundle);
  • We will prepare a brief to Barrister and instruct the Barrister so that the Barrister can represent the Appellant (our client) in First Tier Tribunal (FTT) before the Immigration Judge;
  • Where necessary, we will arrange a pre-hearing conference with the Barrister who will discuss your entry clearance appeal case with you and advise you about the court procedure in relation to your immigration appeal;
  • We will do all the follow up work until written determination (decision) of your immigration appeal is recieved from the court.

Our Fee For In-Country Immigration Appeal

Unless your in-country immigration appeal is very complicated, our fees for immigration appeal are as given in the fee table below:

Immigration Appeal Service Our Fixed Fee Range
Full service for your immigration appeal to cover all our work until a written decision is recieved from the immigration Judge of the First Tier Tribunal (FTT). From £1,000 + VAT To £2,500 + VAT

The agreed fixed fee will depend on the complexity of your immigration appeal and the volume of casework involved in the appeal. In addition to our fixed fee for your immigration appeal, you will also have to pay the court fee for the immigration appeal and the Barrister’s fee for representing you in appeal hearing for your appeal.

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