The right to appeal – immigration in the UK

Obtaining immigration status in the UK can be challenging due to the strict visa and immigration policy. The process is complex, and navigating it can be taxing, often leading to rejections. Facing a rejected application can be upsetting, but there are grounds for appeal.

With more than 50% of appeals to the immigration tribunal being overturned, it’s essential to understand the process and have an experienced solicitor on your side. They can help you navigate the process and increase your chances of success.

With this in mind, here’s our simplified guide to the appeals process in the UK.

When can I appeal?

You can appeal if the Home Office has:

• refused a protection claim (also known as ‘asylum claim’ or ‘humanitarian protection’)
• revoked a protection status
• refused a human rights claim
• refused a residence document or deported a person under the Immigration (European Economic Area) Regulations 2016
• revoked a British citizenship
• refused or revoked a status, vary the length or condition of your stay, or deported a person under the EU Settlement Scheme
• refused or revoked a travel permit or family permit under the EU Settlement Scheme or restricted rights to enter or leave the UK under those permits
• refused or revoked a permit, or deported a person if they are a frontier worker
• refused or revoked leave, or deported a person if they are a S2 healthcare visitor

If you are not eligible for an appeal, you can apply for an administrative review with the Home Office. In the event that your application for a frontier worker permit or S2 healthcare visitor visa is unsuccessful, you can reapply for free if there is new evidence to submit.

How to make an appeal

We highly recommend engaging an experienced solicitor for appeals. Rejections can often be complex, and having a knowledgeable person to support your appeal can make the difference in overturning it.

However, should you wish to begin the process yourself, there are two options depending on where you currently live.

Inside the UK

Your decision letter will inform you if you can appeal or ask for an administrative review. From the date the decision letter is sent, you have 14 days to appeal; although it’s still possible to appeal after this period, the tribunal will assess if the appeal can still be heard. It is strongly advised that you apply online, and there is information on the Government website on how to do this.

You can appeal later if your administrative review for the EU Settlement Scheme, frontier worker or S2 Healthcare visitor application was unsuccessful. Your administrative review letter will give you instructions on how to do this.

Outside the UK

If you are appealing from outside the UK, there is a different period of time for appeal. You have 28 days to appeal, and if you have left the country, this starts from your departure date.
Similar to appeals from inside the UK, you can appeal later if your administrative review for the EU Settlement Scheme, frontier worker, or S2 Healthcare visitor application was unsuccessful. Applying online is still recommended.

The information above is a simple guide; more information is available on the Government website. It’s important to understand that each appeal is unique, and the decision is based on the individual’s circumstances.

At Radshaw Solicitors, we have extensive expertise and experience in handling immigration applications and appeals. Please get in touch with us using the details provided to speak with one of our team members.