UK Visa for Appeals and Refusals Consultant in Mumbai | Delhi | Gurgaon | Chandigarh | Vadodara | Bangalore

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Suman B., London – client was refused Spouse Visa and had instructed us to file the Grounds of Appeal.

Pleased to inform you that I have received my pp and visa today. I have attached the details I have received. Myself and my family thank you and smart move for visas for your cooperation and help for this visa. We will let our friends and relatives know about your service. Thanks Hemang. All your cooperation and professional help made it happen.

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Process followed during Appeals and Refusals of UK Visa

UK visa refused

A Notice of Immigration Decision , Refusal of Entry Clearance application or Refusal Notice is issued when an applicant is refused UK visas. This letter is received by applicant along with the documents and passport. A Notice of Immigration Decisions , Refusal of Entry Clearance application or Refusal Notice contains reasons on why applicant has not been granted visas for which they have made the application.

Appeal is an application to a higher court for a decision to be reversed. Applicant/s who are refused UK visas can Appeal To The First-Tier Tribunal (Immigration And Asylum Chamber) Against A Decision Of An Entry Clearance Officer or against decision of Home Office, caseworker.

Our Immigration Solicitors can help to file an appeal if you have been refused under Sec 320 (7A) or Sec 320 (7B) which pertain to applicants with an adverse immigration history including overstays, false representation, false documents, misrepresentation of facts.

When can you appeal

You can only appeal to the tribunal if you have the legal right to appeal – you’ll usually be told if you do in your decision letter.
Appended are some of categories for which Appeal rights are granted for refusal of applications by British High Commission Post or Home Office:-

  • Refusal of Leave to Remain, extend leave and vairations ( i.e. Curtailment) of leave in the UK as Fiancee , Spouse , Dependent Children, Civil Partner, Unmarried Partner , or as a Dependant.
  • Refusal of Entry Clearance under Fiancee visa, Spouse visa, Dependent Children visa , Elderly Dependent visa , Adult Dependent visa, Civil Partner visa, Unmarried Partner visa, Family visitor visa etc.
  • Decision to Deport someone already in the UK.
  • Decission to ask person to leave the country from the airport.
  • Refusal to allow someone asylum in the UK.

You can appeal against following decisions outside UK

  • A decision to refuse a Human Rights Claim for Entry Clearance.
  • A Human Rights or protection refusal ( where you can only apply after you’ve left the country)
  • A decision by the Home Office to deport you as a European Economic Area (EEA) National.
  • Your application for an EEA family permit as a family member of an EEA National was refused by the Home Office under the EEA Regualtions.
  • Certain decisions about applications submitted before 06 April 2015.

You can appeal against following decisions from within UK

  • Your human rights or protection claim has been refused while you’re in the UK
  • A decision made under the European Economic Area ( EEA ) Regulations, eg the Home Office has refused to issue you a residence document
  • A decision by the Home Office to deport you (as an EEA National)
  • A decision where you’ve been detained and your decision letter was sent by the Detained Asylum Casework team at the Home Office
  • A decision to remove your UK citizenship
  • A decision to take away your protection status
  • Certain decisions about applications submitted before 6 April 2015

If you’ve been refused a tier 1, 2, 4 or 5 visa you may be able to ask for the decision to be reviewed at an administrative review – your refusal letter will tell you if you can.

How to appeal

Refusal received by Applicant Outside the UK.
Applicant /s have 28 days to appeal after they get the decision refusing the visa application . In cases where applicant/s have to leave the UK before they were allowed to appeal, applicant/s in such cases, have 28 days to appeal once they have left the country.

Refusal received by Applicant inside the UK
Applicant/s have 14 days to appeal after the date of decision.

Applicants are required to adhere to strict timeliness for lodging the appeal. In the event that the applicant applies after the deadline, they must explain why – it will then be at the discretion of the the tribunal Judge if it will still hear your appeal.

Appeal Process
The appeal process has two parts:

  • Filing of Grounds of Appeal
  • Hearing of the Appeal

Grounds of Appeal

This is the first step in the appeal process where the grounds of appeal are filed before the relevant authority countering the reasons for refusals and providing rebuttals on the same. A well drafted and documented grounds of appeal can help the applicant to get a favourable outcome on their application.

Call our office on +91 22 2850 9883 or +91 98191 27002 today to book your appointment with our UK Qualified Solicitors to discuss your appeal.

Hearing at Appeals

If you have an application to remain in the UK or enter the UK 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 professional representation to make sure that your voice is heard.

We deal with a wide range of appeals this includes appeal against refusal of entry clearance, leave to enter, leave to remain and the curtailment of leave.

The areas of work that we deal with include students, partners, spouses, work permit holders, fiancés and visitors and we have great experience in dealing with complicated matters and advising you properly.

We can manage appeal cases in all these areas. This includes immigration appeals against a refusal of:

  • entry clearance
  • leave to enter
  • leave to remain

The appeal process has two parts:

  • Filing of Grounds of Appeal
  • Hearing of the Appeal

Our Solicitors have successfully filed grounds of appeal for several categories including dependent and settlement applications.

Administrative review

The administrative review process exists for unsuccessful visa applicants under the points-based system. For applicants outside the UK, if their application for visa under the points based system is refused, they do not have a full right of appeal.

However, all applicants can apply for an administrative review, which is a mechanism for reviewing refusal decisions.

An administrative review can be filed if the applicant thinks that the assessing authority has made an error in refusing the visa application under the points-based system. The review will look at whether the claimed points were correctly assessed by the entry clearance officer.

Judicial Reviews

Judicial review allows people with ‘sufficient interest’ to ask a judge to review an action, a failure to act or a decision by person carrying out a ‘public function’.

Sufficient Interest would mean that the person is affected by it and that there are merits to the challenge.

At SmartMove2UK we have successfully filed Judicial Reviews petitions taking our clients cases to the highest levels and ensuring that their applications are successful. Our judicial review applications include right of individuals to enter the UK as visitors when they have previously been denied entry or for settlement purposes when the settlement is being refused.

If you want more information, you can speak to any of our UK Visa for Appeals and Refusals Consultant based in Mumbai | Delhi | Gurgaon | Chandigarh | Vadodara | Bangalore on +91 22 2850 9857 or +91 9819 127 002 and book your appointment with our Experts.

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