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You must meet the various requirements when applying for leave to enter or leave to remain in the UK. If you fail to meet these requirements, unless there is some basis upon which the Home Office can exercise any discretion in your favor, it will refuse your visa application. Your grant of leave or citizenship can be revoked also in certain circumstances.
In these circumstances where your UK visa application has been refused or your leave or citizenship has been revoked, you may appeal the decision provided you have been given the right to it. You will be told if you have the right to appeal in the refusal letter sent by the Home Office.
What is an appeal?
An appeal is a formal request to challenge the Home Office’s decision to refuse your visa application. If you believe an error has been made in handling your visa application, you should appeal the decision. You can appeal only when you have been given the right to appeal. You can appeal to the first-tier tribunal (Immigration and Asylum Chamber), where an independent judge reviews the decision of the Home Office to ensure that the relevant immigration laws and regulations have been applied.
An appeal is available in limited circumstances only. If such circumstances apply, you can appeal to the First-tier Tribunal. You can appeal if the Home Office has decided to:
- Refuse your ‘asylum’ claim or ‘humanitarian protection’ claim.
- Revoke your ‘asylum’ or ‘humanitarian protection’ status.
- Refuse your human rights claim.
- Refuse you a residence document or deport you under the Immigration EEA (European Economic Area) Regulations 2016.
- Refuse or revoke your status, vary the length or condition of your stay, or deport you under the EUSS.
- Refuse or revoke your family permit or travel permit under the EUSS or restrict your rights to enter or leave the UK family or travel permit.
- Refuse or revoke your permit, or deport you if you are a frontier worker.
- Refuse or revoke your leave, or deport you if you’re an S2 healthcare visitor.
- Revoke your British citizenship.
The tribunal is independent of the government. A judge will listen to the arguments from your side and the Home Office side before making a decision.
You can submit an appeal yourself or through a legal representative.
Timeframes to Make an Appeal
The time within which you have to submit a visa appeal in the UK depends on whether you were in the UK or outside of it when you received the decision and also the type of decision you are appealing. You will typically need to submit an appeal within 14 days from the date you received the refusal notice if you were inside the UK when you received the decision. On the other hand, if you were outside the UK when you received the decision, you will normally need to submit an appeal within 28 days from the date of receiving the refusal letter. If in your decision letter, you are asked to leave the UK before you can appeal, you have 28 days from the date you left the UK to lodge an appeal.
You should follow these time limits for an appeal. If you fail to make an appeal within this timeframe, you may lose the right to appeal.
Time limits can also vary depending on the specifics of your case and the type of UK visa refused. You should read the refusal letter carefully as it will specify the exact time limits you can appeal. The refusal letter will also provide instructions on how to appeal. If you are unsure or need assistance, you should consult with an immigration lawyer for guidance tailored to your specific circumstances.
UK Visa Appeal Processing Time –
Usually, the UK visa appeal processing time depends on the complexity of the matter, and it takes between 6 and 12 months.
Asking for an Urgent Appeal –
You can request the tribunal to hear your appeal urgently (‘expedited’) at any point during the appeal process. You or your legal representative will need to give the reasons for it along with evidence of compelling and compassionate grounds, for example, letters from a hospital or doctor.
Costs Associated With UK Visa Appeals
Most appeals in the first-tier tribunal cost a fee. The cost to appeal against a visa or immigration decision is £140 with a hearing or £80 without a hearing. A hearing means a judge decides your appeal at a hearing at a tribunal that you can attend, and without a hearing means a judge decides your appeal based on information and evidence you send to the tribunal.
Exemptions or Help with Fees –
There are some exemptions where you don’t need to pay an appeal fee. You do not need to pay if you are appealing a Home Office’s decision:
- To take away or revoke your refugee status
- To take away or deprive you of your British citizenship
- Where the Home Office has detained you and Detained Asylum Casework (DAC) or the Detained Immigration Appeals team (DIA) sent your decision letter.
Your Home Office decision letter should include the type of decision you’re appealing. You may also not have to pay a fee if:
- You get asylum support.
- Get legal aid (it can help meet the costs of legal advice and legal representation in a court or tribunal).
- Get services from your local council if you are under 18.
You can also get help with court fees if one of the following is true:
- You are on certain benefits.
- You have little or no savings, such as income support or universal credit.
- You have a low income.
Apply to Cancel or Reduce the Fee –
If you are not eligible for an exemption or help with fees, you may still apply to cancel or reduce the fee. This is called an ‘exceptional circumstances remission.’ You can only apply if you:
- Cannot realistically pay the fee
- Have taken reasonable steps to get funding from alternative sources—for example, sponsorship to enter or remain in the UK.
- Can show other exceptional circumstances
Fee for Urgent Appeal –
You don’t need to pay if you ask for an urgent appeal. However, you will need to have paid your appeal application fee (if you need to pay) before your request will be reviewed.
Final Thoughts
An appeal is a complex and lengthy process. It requires you to submit several documents along with new evidence – if you have any. You can appeal with or without a hearing, depending on your circumstances. If you are not sure of going through the process yourself, you should appeal through a legal representative. It may take several weeks to months before a first-tier tribunal’s judge delivers its verdict on your appeal application. If the judge overturns the Home Office’s decision, they can ask the Home Office to reconsider its decision to refuse your visa. However, if the judge gives the decision in favor of the Home Office, you may choose to appeal at an upper-tier tribunal.
You should also consider whether it is worth appealing a decision or you should make a new application.
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