Pre-Action Protocol

What is a Pre-Action Protocol?

A few routes are available when you receive a visa refusal or need to challenge a Home Office decision. In UK immigration, a Pre-Action Protocol (PAP) is a formal legal step before applying for a judicial review against a Home Office decision.

It involves sending a pre-action letter, also known as a letter before claim, to the Home Office UKVI, explaining why you believe their decision (such as a visa refusal or delay) is unlawful or unfair. The PAP letter allows the Home Office to reconsider or correct the decision before legal proceedings begin.

What is the Purpose of a Pre-Action Protocol?

The Civil Procedure Rules detail pre-action protocols, outlining the conduct and procedural steps required before initiating legal claims.

The purpose of the Pre-Action Protocol is to encourage early resolution of disputes, ideally preventing the need for court proceedings to save time and costs for both parties. Before you can issue judicial review proceedings against the Home Office, you are expected to send a PAP letter, as it gives the Home Office a chance to reconsider its decision and avoid unnecessary litigation.

The court expects both parties to have exchanged enough information before proceedings begin to:

• Understand each other’s position clearly
• Decide how best to move forward
• Attempt to resolve the issue without court involvement
• Explore alternative dispute resolution (ADR), where appropriate
• Ensure the case is managed efficiently if it does proceed
• Minimise the legal costs for everyone involved

Scenarios to Consider Pre-Action Protocol

A PAP letter is often the first formal step before initiating judicial review proceedings against a UK visa, citizenship or immigration decision. It allows the Home Office to reconsider its position without needing court action. Some of the most common scenarios where a PAP may be appropriate include:

Visa or Citizenship Refusals Without Appeal or Review Rights

Suppose your application, such as for a visit visa or student vis, has been refused, and you have no right of appeal or administrative review, or have exhausted them. In that case, a PAP letter can challenge the decision and invite the Home Office to reconsider it.

Unreasonable Delays

When the Home Office fails to decide an application within a reasonable timeframe (often well beyond published service standards) or without clear reasons, a PAP letter can prompt attention towards decision-making without going straight to court.

Procedural Errors or Unfairness

If the decision was made without giving you a chance to respond to key information or evidence, a PAP application can highlight procedural unfairness and request a review.

Errors in Law or Fact

A PAP application can seek early correction when a refusal is based on a misinterpretation of the law or a clear factual error (e.g., incorrect documents cited or misreading eligibility requirements).

Curtailment or Revocation of Leave

If your leave has been curtailed or revoked without proper notice or justification, and there is no appeal route, a PAP letter can be an effective way to challenge the decision.

How to Write a Pre-Action Protocol Letter?

A Pre-Action Protocol letter should be drafted per the Civil Procedure Rules; otherwise, it risks being rejected outright. The best practice is for a PAP letter to be clear, concise, and legally grounded. It will typically include:

• Claimant details – full name, date of birth, nationality, and contact information
• Home Office reference numbers – to help identify the relevant immigration case
• Type of claim – e.g. entry clearance, leave to remain, deportation, human rights (Article 8), nationality, asylum, etc.
• Details of the decision – including the date, the decision being challenged, and the grounds for challenge
• Factual background – a brief, relevant history of the immigration case
• Legal basis of the claim – how the decision is unlawful, procedurally unfair, irrational, or breaches rights under UK or international law
• Remedy sought – what you want the Home Office to do (e.g. reconsider or withdraw the decision)
• Request for further information or documents – if needed to resolve or clarify the dispute
• Alternative Dispute Resolution (ADR) – if the matter can be narrowed or resolved without a court
• List of relevant documents – enclose copies if any
• Address for reply and service of documents
• Proposed response deadline – usually 14 days or more from receipt

Although the Home Office provides a basic PAP letter template, it is generally advisable to work with an experienced immigration lawyer to ensure the letter is drafted correctly, tailored to your circumstances, and gives you the best chance of having the decision reconsidered without going to court.

What Are the Civil Procedure Rules?

The Civil Procedure Rules (CPR) govern how civil cases, including judicial reviews, are handled in courts in England and Wales. They set out the steps parties must follow before and during legal proceedings, such as deadlines, required documents, and conduct.

In immigration cases, the CPR requires sending a Pre-Action Protocol letter before starting a judicial review to help resolve disputes fairly and efficiently without immediately going to court.

What Happens After Sending a Pre-Action Protocol Letter?

Once a Pre-Action Protocol (PAP) letter is sent to the Home Office, it is typical to get a response within 14 days, although this is not guaranteed, and a more extended timeframe may be needed.

The response may include a decision to maintain, amend, or withdraw the original refusal.

Sometimes, the Home Office may invite further representations or request more time to consider the matter. If no satisfactory response is received or the refusal is upheld, the claimant can file for judicial review, provided they are still within the time limits.

Urgent Judicial Review Applications

Suppose your case is urgent, such as approaching the 3-month judicial review deadline or facing imminent removal from the UK. In that case, you may issue a judicial review claim without completing the Pre-Action Protocol step.

However, you should still attempt to notify the Home Office in advance, where possible. The urgency must be justified. If the claim is filed after the standard time limit, you must provide reasons for the delay and evidence supporting the urgency of your case.

What If the Pre-Action Protocol Is Unsuccessful?

Suppose the Home Office does not overturn or revise its decision after receiving a Pre-Action Protocol letter. In that case, consider proceeding with a judicial review, provided you are still within the 3-month time limit from the original decision date.

Judicial review is a formal court process that challenges the lawfulness of a Home Office's decision. You must submit a claim to the relevant court or tribunal, along with supporting evidence and legal arguments. While the PAP process can resolve many issues without litigation, preparing for the next steps early is essential, especially as the time limit continues to run during this stage.

Judicial review is a legally complex process with strict rules and deadlines, so it is strongly advisable to work with an experienced immigration lawyer to avoid costly errors.

Get Legal Assistance With Pre-Action Protocol

Before sending a Pre-Action Protocol letter, it is essential to confirm that this is the right step for your situation. Not all immigration issues are suitable for judicial review, and acting without proper advice can lead to delays or missed opportunities.

At QC Immigration, our team has extensive experience handling Pre-Action Protocols, whether for visa refusals with no right of appeal (such as UK visit visas), long decision-making delays, or other unfair immigration outcomes.

We’ll assess your case, advise you on the best course of action, and ensure your PAP letter is drafted correctly and in line with legal requirements. With the right approach, many cases are resolved without the need to go to court.

Contact us today to get clear, practical guidance on your immigration matter.