The United Kingdom (UK) is known for its strict immigration rules. Besides, the country has one of the most complex immigration rules, which explains why most UK visa applications get denied. Nevertheless, with a Right of Appeal, you can have the decision overturned. Most visa application refusals attract a right of appeal.
Same as the application process for a Visa, applying for an immigration appeal is confusing and complicated.
So, how do you win an immigration appeal? Read on for tips!
What Is an Immigration Appeal?
A personal immigration appeal refers to a case challenging a visa immigration application.
Immigration appeals should be submitted within 28 days after denial for visa applications outside of the UK and 14 days for any applications within the country.
The appeal process involves submitting the appeal to the Immigration Tribunal within your deadline and then complying with the directions and timetable set by the Tribunal. The appeal will then be heard by an immigration judge who will decide whether to allow or dismiss the appeal.
In case the appeal is allowed, the Home Office usually reconsiders their decision. Where the judge does not approve the decision, you are allowed to appeal where you believe there was an error of law in the determination. In this instance, the immigration appeal case becomes even more complex and challenging.
Tips for Preparing for an Immigration Appeal
Proper preparation for an immigration appeal is the first step towards winning an immigration appeal case. If you submit a strong appeal bundle, the Home Office can reconsider the application without proceeding with the hearing case. With such an option, you save a lot of money and time.
If you want to win an immigration appeal, following these tips:
- Prepare a robust appellant’s bundle
- The documentation you provide should prove that you adhered to all the necessary personal immigration rules or that your circumstances are compassionate and compelling to warrant a visa
- Get a robust legal representative
- Legal representation is necessary in an immigration appeal case. Winning an appeal case requires proper documentation, a clear understanding of the immigration laws, and a strong legal argument. The right Counsel should help you achieve all these with ease.
- Ensure you are compliant
- One of the reasons that most appellants fail in their appeal is non-compliance to the provided directions and time limits provided by the Tribunal. To increase your success chances, ensure you meet all the necessary guidelines.
Get Legal Representation for Your Immigration Appeal
The immigration appeal process is both a stressful and daunting experience. To win an appeal case, you need to know the necessary rules and regulations, prepare the required documents, and have a strong submission. You will find this process complex, especially if you are not a legal expert.
It is advisable to engage a legal expert to help you with your appeal case. Such individuals understand the immigration law and can offer the right advice regarding your status.
In addition to immigration application/visa appeals, SMA solicitors are also experts in dealing with all appeals at the First-tier tribunal (Immigration & Asylum chamber), Upper Tribunal and the Court of Appeal. This includes but is not limited to asylum appeals, deportation appeals, revocation of status appeals.