Appeals :

If your visitor visa is refused then in many cases there is a right of appeal against this decision to the AIT (the Asylum and Immigration Tribunal). This is a separate court system where your case can be heard by an immigration judge. This is your chance to get the Home Office's or Consulate's negative decision changed and your opportunity to put your point of view forward, it is important that you seek strong representation to make sure that your voice is heard.

Refusals frequently occur when applicants have not had professional help with their application. Most refusals can be appealed as stated above. The appeal must be submitted within the strict time limit, as is required in accordance with the legal requirements. This is usually within 28 days of the date of refusal. It is important a professional company or consultant is appointed who can lodge the appeal with the Embassy, High Commission or appellate authority within the time frame. It is not just a simple matter of filling out a form. The correct legal terminology should be used, as the correct Grounds of Appeal and strong points to substantiate. 

We are expert in preparing appeals against UK Visit Visa, Student Visa and HSMP Tier 1 General or Entrepreneur Visa by giving convincing and well-argued points by supplying and in light of Immigration Laws to make the decision in favor of appellant.

Making an Appeal Against an Immigration Decision

  • The deadline to appeal is 28 calendar days from the date you received your Notice of Decision.  The First-tier Tribunal (Immigration and Asylum Chamber) (IAC) or the visa section who decided your application must receive your appeal by the end of this period.  You must not send your appeal to both locations.
     

  • You must send your Notice of Decision with the IAFT-2 appeal form.
     
  • Form IAFT must be completed in English.  It is in your interest to complete this form as thoroughly as possible.  A current contact address must be provided.
     
  • If you have documents supporting your Grounds of Appeal you should send these with Form IAFT-2.
     
  • If you are sending any other documents with this form to support your appeal, they must be in English or accompanied by a certified translation.
     
  • Your appeal form must be signed by you or your representative.  A Form IAFT-2 submitted without a signature will be returned to you.
     
  • Use standard A4 sized paper only for supporting documents.
     
  • Do not use staples.  However, paperclips are acceptable.
Who can appeal?

For some types of application, there are Full Rights of Appeal (FRA) when entry clearance to the United Kingdom is refused. These are the most common:
 

  • Family Visit - if you are visiting qualifying family members in the UK
  • Settlement – if you are seeking to permanently settle with qualifying family members in the UK.

Your appeal rights will be stated on your written notice of refusal.

How do I make an appeal?

If you have a Full Rights of Appeal, the Entry Clearance Officer (ECO) will give you three documents.

  • The written Notice of Decision (this tells you why the ECO has refused your visa).
  • The Notice of Appeal form IAFT-2.
  • An information document explaining how to complete the Notice of Appeal form.

You can lodge your appeal directly with the First-tier Tribunal (Immigration and Asylum Chamber) (IAC) in the UK or you can send your appeal form to the visa section where your application was refused. The visa section will then forward it to the IAFT in the UK. You cannot do both.

If you have a Full Right of Appeal you can decide to appeal against this decision or reapply for another visa after you have addressed the reasons for the original refusal.  If you decide to appeal against the refusal of your application, the decision will be reviewed in conjunction with your grounds of appeal.  If you have any additional documentation which addresses the reasons for refusal, you are strongly advised to submit it with your notice of appeal, as it may be possible to resolve the points at issue without the need for an appeal hearing.

Contact us  for further information and procedure regarding your appeal against visa refusal.
 

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