If you have applied for a visa and it has been rejected, you may be able to Appeal the Home Office decision. This, however, is not a straightforward process and an exceptional case that is both well presented and highly persuasive is needed for the Home Office to reconsider and overturn their initial rejection.
This process is not only complicated, but it can also be long and drawn out. In order to achieve a more efficient process and to increase chances of a successful Appeal, it is advisable to work alongside an experienced team who can put forth a professionally presented case that reads well, offering a convincing and thorough argument to the Home Office.
Why visa applications may be rejected
When Appealing a Home Office decision it is absolutely key to ensure the chances of the Appeal being allowed is maximised. Visas can be rejected for a number of reasons, from technical errors to inaccurate or insufficient information provided to the Home Office. Oftentimes rejections can be fought as the individual seeking a visa does meet all the necessary criteria and requirements but has not presented this well through their application.
Our experienced team will help ensure that your appeal is properly presented and highlights that you do, in fact, meet all of the requirements necessary to successfully receive the visa that you are applying for.
The visa Appeal process
There are qualifying reasons that present grounds for appeal on a visa refusal in accordance with section 82 of the Nationality, Immigration and Asylum Act 2002.
You may Appeal to the Immigration & Asylum Tribunal if you have received a decision to:
- refuse a protection claim
- refuse a human rights claim
- revoke protection status
Once you have received notice of your decision, you have 14 days if you are based in the UK and 28 days if you have been refused entry out with, you may launch an appeal with the First-Tier Tribunal (Immigration and Asylum).
You can either apply for an oral hearing or a paper hearing and you will have an opportunity to contest the initial application. During the appeal process, UKVI will be thorough when looking over your application, therefore a strong case is needed that highlights why their rejection was not based on solid foundations in accordance with UK immigration law.
The UK Government website cites immigration advisors as a resource when appealing your decision, it is highly advisable to appeal in collaboration with experienced and knowledgeable professionals to ensure a strong case is presented.
Visa appeal costs
Visa appeals may cost those appealing depending on their situation. On top of legal fees which can depend entirely on the services that you need to be provided, an application appeal will cost £80 if you would like to appeal without a hearing (paper hearing), and £140 if you do have a hearing (oral hearing).
We can help ensure that you receive the fair hearing necessary to bolster the chances of a successful appeal.
How the team at QC Immigration can help
We have specialist expertise and comprehensive services that will support you when building a strong case with an optimum chance of success at the Tribunal. We will clearly identify and highlight all areas proving that you meet and surpass your requirements for the visa which you have applied for. We shall present clear and strong legal arguments with all necessary evidence, witness statements and relevant expert opinion to achieve the best possible outcome.
Our team will be able to advise you on where you may have gone wrong in your visa application and how to amend the issue that led to the initial rejection. We will help provide legal counsel and if you choose to have a hearing, we will ensure you have a comprehensive argument that properly contests the grounds on which your application was rejected.
If you feel our support could help guide you through a daunting court procedure,
What if my visa expires while appealing?
For those in the difficult situation wherein their visa has expired while appealing a rejected visa or extension, there is ‘Statutory’ or Section 3C Leave. This protects those who have existing leave and have made their application appeal in a timely manner with all the proper documentation put forth.
This leave remains so long as an in-country appeal could be brought or an appeal has been lodged but not yet determined.
Get in touch with our team to ensure that you are covered under Section 3C Leave – offering you a better chance to fight your appeal as you will be based in the UK for potential hearings.
How long does the Appeal process typically take?
Generally, the appeal process takes a number of months but this can depend on a case-to-case basis. It may also depend on the visa that you intend on applying for, as there are often fairly complex requirements that must be met.
Waiting times may also depend on the Tribunal’s workload – which may be higher than usual as a result of the Covid19 global pandemic, which has tightened resources and slowed work rate, so expect longer waiting times.
The best way to ensure that your Appeal is allowed is to work with an experienced team to create an effective strategy for Appeal, which highlights exactly why the Tribunal should overturn the Home Office’s initial decision with clear and strong arguments.