Immigration appeals

Solicitors for Immigration Appeal

Navigating an immigration appeal can be complex and emotionally draining. Our experienced immigration lawyers, based in London and around the UK can guide and represent you through the process and fight for a positive outcome.

We'll discuss your situation, assess your appeal's potential, identify legal grounds and obtain supporting documents and witness statements.

Options if you get a refusal in the decision letter

The Home Office rejection letter will detail the reasons for refusal and your appeal rights.

Common Reasons for UK Visa Refusals include :-

• Financial - Not meeting the minimum income or maintenance funds.
• Points-Based System (PBS) Shortfall -  insufficient points under the PBS scoring system.
• False Information - providing inaccurate details or fake documents.
• Missing Information - failing to submit requested documents.
• Unsuitability - criminal convictions or national security concerns.
• Immigration Breaches - overstaying a previous visa or breaching immigration rules.

There are typically 2 possible options after a refusal :-

• Administrative Review - This applies if the Home Office made a mistake in processing your application, often relevant for Points-Based System (PBS) visas.

You have a strict deadline to submit your request for an administrative review. It's usually the later of  14 days from receiving the decision letter if you're in the UK or 7 days from receiving the decision letter if you were detained on the day you received the refusal. There's no guaranteed timeframe for a decision, but it can take several months. There's a fee associated with submitting an administrative review application (currently £80).

• Appeal - This allows you to challenge the decision based usually on substance and most commonly applies with specific visa types like asylum claims or those involving human rights.

While success rates vary, statistics show that roughly half of appeals are successful.  The timeframe for a decision can range from 6 to 12 months depending on complexity.

Grounds for Appeal in UK Immigration

There are various grounds for appealing a refusal of an immigration application, including:

• Procedural Errors - the Home Office may have made mistakes in handling your application, such as failing to consider all relevant evidence or applying the wrong immigration rule.
• New Evidence - you may have acquired new evidence that significantly strengthens your case, such as additional documents or a change in your circumstances.
• Incorrect Legal Interpretation - the Home Office may have misapplied the law or immigration rules to your case.
• Exceptional Circumstances - compelling personal circumstances that weren't adequately considered, such as serious health issues or a risk of persecution if forced to return home.