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Immigration Appeal and Refusals FAQ’s

For advice on appealing against visa refusals and overturning wrongful Home Office Decisions, please take a look at our FAQ’s here.

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Special questions

FAQs regarding Immigration Appeal and Refusals

A number of refusals attract the right of appeal. In order to exercise your right of appeal you will need to file specific grounds, usually with the assistance of a lawyer, and await a hearing date.
Yes, the Immigration courts are part of the UK tribunal system. Hearings at the tribunal operate in a very similar manner to court hearings.
This is done with the assistance of a lawyer who will attend a hearing with you. It is important to note that this is your opportunity to show why the refusal letter is incorrect.
If you win your appeal the decision is usually reversed, and the refusal becomes a grant of visa.
If you choose to continue to appeal, there is an upper tribunal which will review the court's decision.
Aside from appealing there is also the option of reapplying, often making tactical sense. This is a complex decision which we can advise on.
Some decisions do not have the right of appeal, they instead must be challenged by administrative review or judicial review.
This will depend on the situation as a reapplication will often mean the Home Office have to be paid again. Legal representation for a court hearing can often prove more expensive.
This will also depend on the circumstances but in the vast majority of cases, it is quicker to reapply than to appeal.
Yes, it is your choice whether to attend the hearing or not and in most circumstances, it is highly recommended.

Additional FAQs

No, where as you may be asked some questions there will not be a formal interview to question the terms of your visa.
Commercial processor the Home Office use to run their application centres, largely abroad. They specialise in the admin process of fingerprints and photos and documents. They do not make the decision – the body who decides are external to the VFS.
The Home Office use to run their application centres, largely in the United Kingdom. They specialise in the admin process of fingerprints and photos and documents. They do not make the decision – the body who decides are external to the Sopra Steria.
Almost certainly not. As the decision has not been made and the decision-making body are holding your passport at this time.
We recommend you enter no later than 3 months after being granted. There are special conditions on certain visas which make it crucial you enter before 3 months. Call our office for more details.
Usually not – this depends on the visa in question. Usually, Home Office will require cash on hand or in rare cases other forms of investments. Before acting on this you should speak to our specialist lawyers, and they can advise you on the best route.
It is imperative that you declare all previous offences. We cannot promote your case on a false basis. Important to note the Home Office will have record of most offenses. By declaring them, they often have no influence on your case and decision.
If you have a valid visa you can remain within the UK for 6 months. If it expires whilst you’re in the UK, you cannot stay beyond that date regardless of if the 6 months period.

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