UK Immigration Appeal
Appeal Your Immigration Decision with Confidence | Immigration Solicitors UK (ISUK)
If your UK visa or immigration application has been refused, this does not have to be the end of the road. Some applicants have a statutory right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). At Immigration Solicitors UK (ISUK), we specialise exclusively in complex immigration matters, offering meticulous case preparation, strategic legal advice, and high-level advocacy to give your appeal the strongest possible chance of success.
Every refusal is different. Immigration Solicitors UK analyses your decision in detail, we identify the legal and factual errors, and build a compelling appeal based on evidence, expert assessment, and precise legal argumentation.
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Understanding the Immigration Appeals Process
An immigration appeal allows you to challenge a Home Office refusal before the independent judiciary. Most appeals are heard by the First-tier Tribunal (Immigration and Asylum Chamber), which examines:
- Whether the Home Office applied the law correctly
- Whether your human rights were properly considered
- Whether the decision was fair, proportionate, and supported by the evidence
If the Tribunal allows your appeal, the refusal is overturned and the Home Office must comply with the judge’s findings.
You may be able to appeal on:
- Human rights grounds (family life, private life, risk of inhuman or degrading treatment)
- Protection grounds (asylum, humanitarian protection)
- EU Settlement Scheme or Withdrawal Agreement decisions
- Deportation decisions where fundamental rights are engaged
Why Choose ISUK for Visa and Immigration Appeals?
Specialist Detention Experts
Direct Solicitor Access
Clear communication
Cost-Effective Service
Clients love choosing ISUK
Who Has the Right to Appeal?
You may have a right of appeal if the Home Office has refused your application for any of the following:
- A human rights claim (e.g. family or private life under Article 8)
- A protection claim (asylum or humanitarian protection)
- Revocation of your refugee or protection status
- Refusal or revocation under the EU Settlement Scheme
- Deportation or cancellation of leave where human rights or protection issues are engaged
Your refusal letter (the “decision notice”) will clearly state whether you have a right of appeal or whether another remedy, such as Administrative Review, applies. ISUK provides a free initial assessment to confirm your legal position.
How ISUK Supports You Through the Appeals Process
As an SRA-regulated firm, we provide complete representation from beginning to end. Once instructed, we:
- Assess your refusal and identify the strongest grounds of challenge
- Explain your right of appeal clearly and advise on prospects
- Prepare detailed and legally sound Grounds of Appeal
- Draft and submit the appeal form within the deadline
- Gather and prepare supporting evidence, including expert reports
- Prepare persuasive witness statements and legal submissions
- Liaise with the Tribunal and Home Office Presenting Officers
- Instruct a specialist immigration barrister to represent you at the hearing
- Provide post-hearing advice, including further appeal options if necessary
Our precise and methodical preparation ensures that your case is presented with clarity, credibility, and strong evidential support.
What Evidence Can Strengthen Your Appeal?
The Tribunal reaches its decision based on the evidence placed before it. Depending on the nature of your appeal, the following types of evidence may assist your case:
- Updated supporting documents that were not before the Home Office
- Expert reports (country, medical, social worker, age assessment, or independent evidence)
- Witness statements from you and relevant family members
- Proof of your family and private life ties in the UK
- Evidence of any risk or harm you would face abroad
- Documents showing your circumstances have changed since the refusal
- Evidence addressing the specific reasons for refusal
Every appeal is different, and the evidence required will depend on the issues raised in your case. We advise you carefully on the documents needed to support your claim.
What Are the Grounds of Appeal and How Does It Work?
Under the Nationality, Immigration and Asylum Act 2002, appeals may only be brought on specific grounds:
1. Human Rights Grounds
You must establish that the refusal breaches one or more rights under the European Convention on Human Rights, commonly:
- Article 8: family life or private life
- Article 3: risk of torture or inhuman/degrading treatment
- Article 2: risk to life
2. Protection Grounds
Applicable to asylum and humanitarian protection claims where you fear:
- Persecution
- Serious harm
- Risk to life
- Risk based on political opinion, religion, nationality, race, or membership of a particular social group
3. EU Settlement Scheme & Withdrawal Agreement Grounds
These include rights of residence, rights of family members, and protections for frontier workers under the Withdrawal Agreement.
Deadlines
- 14 calendar days if appealing from within the UK
- 28 calendar days if appealing from overseas
- Late appeals may be permitted if there is a good reason
ISUK ensures your appeal is submitted correctly, on time, and supported with comprehensive legal argumentation.
The Appeals Timeline: What to Expect
- You receive the Home Office refusal decision.
- ISUK assesses your case and advises on your appeal rights.
- We file your appeal with the Tribunal.
- The Tribunal issues directions.
- We submit evidence and legal arguments.
- A hearing date is listed.
- You are represented before an immigration judge.
- A written decision is issued
Fees & Funding for Immigration Appeals
The First-tier Tribunal charges a fee for most immigration appeals unless the case is exempt. The current Tribunal fees are £80 for a paper appeal and £140 for an oral hearing, unless the case type is exempt. Certain categories, including asylum appeals and specific human rights appeals, are exempt from Tribunal fees.
Legal aid may be available for asylum and detention matters, and for certain human rights appeals where clients meet the financial eligibility criteria and the case merits assessment. For all other appeal types, representation is usually privately funded. At ISUK, we offer clear and transparent fixed-fee options wherever possible, ensuring that you understand the costs involved before any work begins.
Paper vs Oral Hearing – Which Is Better?
When lodging your appeal, you may choose between:
• A paper appeal, where the judge decides the case on the documents alone, or
• An oral hearing, where you attend and give evidence in person.
In most cases, an oral hearing offers a stronger opportunity to present your evidence, answer questions directly, and fully explain your circumstances. A paper appeal may be suitable only for limited or straightforward matters. We advise you which option best suits the facts of your case.
After the Appeal Decision
If your appeal is allowed, the Home Office must reconsider the application in line with the judge’s findings. Processing times vary depending on the case type. If your appeal is dismissed, we assess whether there is an arguable error of law in the Tribunal’s decision and, where appropriate, advise you on challenging it at the Upper Tribunal.
Why ISUK is the Trusted Name in UK Immigration Appeals
- Highly experienced, SRA-regulated immigration appeal solicitors
- Strong record of success in complex appeals
- Clear, structured legal advice from the outset
- Meticulous preparation of evidence and legal submissions
- Partnership with leading immigration barristers
- Transparent communication throughout your case
- Excellent client reviews and proven reliability
Don’t let a refusal end your immigration journey. Contact Immigration Solicitors UK (ISUK) today for a detailed appeal assessment. We are open 5 days a week, 9am to 17:30pm. Speak directly with a qualified solicitor and not a call centre, no confusion, just clear legal help. Call now or complete our callback form for urgent assistance.
Speak to an Immigration Appeal Solicitor Today
A refusal is not necessarily final. With the right legal representation, many Home Office decisions can be successfully challenged.
ISUK is open 5 days a week, 9 to 17:30. Speak directly with a qualified solicitor (no call centres, no delays).
Call us now for urgent assistance
We are ready to help you challenge your Home Office decision and protect your future in the United Kingdom.
Frequently Asked Questions (FAQ)
1. How long does the immigration appeal process take?
Appeal timelines vary, but most in-country appeals progress through directions within a few months. A decision is usually issued within a few weeks after the hearing.
2. Can I stay in the UK while my appeal is pending?
If you have an in-country right of appeal and your previous leave was in place when you applied, your immigration leave is normally extended while the appeal is pending. In other cases, removal is usually suspended while the appeal is ongoing.
3. Can I submit new evidence in my appeal?
Yes. Under Tribunal Procedure Rules, the judge can consider new evidence that was not before the Home Office. This often strengthens your case.
4. What happens if I miss the appeal deadline?
You can still appeal, but you must show a good reason for the delay. We prepare detailed submissions to give your late appeal the best possible prospect of being accepted by the Tribunal.
5. Do I need a solicitor for an appeal?
You are not legally required to have a solicitor, but professional representation can improve how clearly your case is prepared and presented, which is important given the legal and evidential complexity involved.
6. How much does an immigration appeal cost?
Costs vary depending on complexity, evidence required, and whether expert reports are needed. ISUK provides transparent fixed-fee options where possible.
7. What happens if my appeal is refused?
We assess whether the judge made an error of law. If so, we can challenge the decision at the Upper Tribunal or through judicial review.
8. Can ISUK take over my case from another solicitor?
Yes. We frequently take over cases requiring urgent or improved representation, including poorly prepared appeals or appeals already in progress.
9. Will the Home Office attend my hearing?
Home Office Presenting Officers typically attend in-country appeals, especially protection or complex human rights cases.
10. Do I need to attend the hearing?
Yes, unless it is decided on the papers. Your presence strengthens your credibility and allows the judge to hear your evidence directly.