Refusal / Appeal

The Procedure For UK Visa Refusal / Appeal

The procedure for appealing a visa refusal in the United Kingdom might be complicated. Our specialists at Global Talent Visas are committed, knowledgeable, and capable of assisting you in overcoming the challenges of the appeal process. We take great pleasure in getting to know our clients and taking the time to completely hear their concerns so that we may deliver the finest immigration solution available.

Many of our clients who come to us with an immigration appeal have battled a verdict by the UK Visas and Immigration Service for months, if not years. We not only offer our clients the competent advice and counsel they require, but we also provide them with the assurance that their Appeal will be successful.

What is an immigration appeal in the United Kingdom?

People who have had a negative judgement made by a court or government department that impacts their lives (such as whether they may come or leave the UK) generally have the right to review under English law. This is essential to the Rule of Law, and we feel it is critical that migrants have fair access to justice through exercising their right to appeal.

However, the British government has severely limited appeal options for migrants seeking entrance clearance or permission to remain. The authority has also replaced them with Administrative Review privileges. The right to appeal under the points-based system has been eliminated, save in cases where rejection is alleged to violate the applicant's basic rights. As a result, hiring an expert immigration consultant is critical, both during the visa application process and when considering an appeal.

Section 84 of the Citizenship, Immigration and Asylum Act 2002 describes valid areas of appeal to the Immigration and Asylum Chamber, which are:
  1. that the judgment is not in accordance with immigration regulations

  2. that the appellant’s claims under the Community Treaties would be breached because they or a family member are an EEA national

  3. that the declaration is illegal by virtue of Race and Religion Act section 19B

  4. that the settlement is unlawful under the Human Rights Act, ie the judgment is inconsistent with the Convention rights of the appellant

  5. that the judgment is not in accordance with the law (other than immigration precepts)

  6. that consideration should have been handled separately to how it was legitimately executed by the original decision-maker

  7. that the appellant’s claims under the Refugee Convention and Human Rights Act would be breached were the UK jurisdictions to continue with the replacement

What is the protocol for filing an immigration appeal following a visa rejection in the United Kingdom?

If you are in the UK, you must file an appeal with the First-tier Tribunal (Immigration and Asylum) within 14 calendar days after receiving the notice of the decision, or within 28 calendar days if you have been declined entry clearance and have had it stretched in specific circumstances. Oral or written decisions can be made on immigration appeals.

An oral hearing is useful in many circumstances because it allows the appellant to react to the Respondent's (UKVI) comments and questions posed by the latter or the deportation judge. We have successfully overturned rulings in our client's favour before attending a tribunal hearing in circumstances where the appellant was denied a visa. Clients save time, money, and worry as a result of this achievement. You may rest assured that your appeal will be handled by specialists if you entrust it to us. If a tribunal hearing is unavoidable, we will give comprehensive advice, assistance, and representation.

In immigration appeals, how are Notices of Hearing and Determinations issued to all parties?

The Immigration and Asylum Chamber, the Respondent (the Secretary of State, Entry Clearance Officer, or Visa Officer depending on the kind of appeal), the appellant, and in some situations, the appellant's legal counsel, i.e. a firm of solicitors, are all parties in immigration appeals. Your lawyer will put together the appellant's packets and serve them to all parties involved.

A respondent's bundle must also be served on all relevant parties, according to the Home Office. The tribunal will submit a copy of the notice of review and any accompanying papers to the Home Office, as well as issue a notice of hearing and instructions after the appeal has been filed and a certificate of fee fulfilment has been issued.

Why should you choose Global Talent Visas to represent you in an immigration appeal following a UK visa refusal?

Global Talent Visas will assist with any part of an immigration appeal. We'll handle all of the paperwork and represent you in front of the tribunal. Our vast experience with appeals involves a variety of technicalities, including the points-based process, human rights visa applications, EEA Applications Appeal, and Appendix FM applications. We treat each case with the specialist attention and intervention required for the best possible result.

Our previous victories have included complicated and tough appeals, but our clients always benefit from our ability to translate legal issues into ordinary terms. In each scenario, we provide outstanding customer service as well as a straightforward price structure with no extra charges or additional expenditures. We provide compassionate assistance throughout the process, from the initial consultation through the hearing and final conclusion. We can meet our clients' needs in a variety of methods, including in-person appointments or over the phone/skype. Get in touch today and get professional guidance.

Frequently Asked Questions

Is it possible for the Tribunal to award costs in an immigration appeal?
If your appeal before a First-tier Immigration Tribunal is successful, you may be granted the costs you paid when you filed the appeal, which is £140.
How long does it take for an appeal to be heard?
The length of time it takes to finish your appeal is determined by the complexity of your case. It might take many months in some cases. However, it is crucial to remember that we make every effort to address issues prior to a tribunal hearing.
What happens if my permission to remain runs out while my appeal is being processed?
'Statutory' or section 3C' leave is designed to safeguard someone who applies for permission to remain while on present leave. Section 3C leave is extended for as long as the following conditions exist: a) an in-country review could be filed (ignoring the option of filing an out-of-time appeal with approval); b) the appeal is ongoing (within the sense of section 104 of the Nationality, Asylum and Immigration Act 2002), i.e. it has been filed but not yet decided. If you choose Global Talent Visas to administer your appeal, you can be certain that we will do all necessary to safeguard your legal right to stay in the Uk.