Refusals and Appeals

Have you any questions about Immigration refusals and appeals? Are you worried about a decision made by the Home Office?

Oracle Solicitors team of dedicated immigration solicitors in London and Belfast have a wealth of experience in dealing successfully with refusals and appeals and a strong track record when representing our clients in the immigration Tribunals and High Courts.

We understand that it can be very stressful and worrying when your decision is refused by the Home Office which is why we will fight tirelessly to overturn the decision.

Do not delay in contacting us for expert legal advice to help you win your appeal.

Types of Refusals and Appeals

Entry Clearance Appeal

If you are outside the UK and your application for entry clearance (UK visa) is refused by the Entry Clearance Officer (ECO), you can appeal to the First Tier Tribunal within 28 days of the receipt of the notice of refusal from the Entry Clearance Officer (ECO). This is usually known as an entry clearance appeal.

If You Are Inside the UK

If you are inside the UK and your application for extension of stay in the UK has been refused, you can appeal to the First Tier Tribunal against the refusal of such application within 14 days after the date the refusal letter was sent to you by the Home Office.

If Your Appeal is Dismissed

If your appeal against the refusal of your application is dismissed by the Immigration Judge sitting at First Tier Tribunal, you can file an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal.

Such application should be made to the First Tier Tribunal within 14 days if you are in the UK and within 28 days if you being the appellant are outside the UK. An application for permission to appeal to the Upper Tribunal is made on the grounds that the Immigration Judge at First Tier Tribunal who determined the appeal made a material error of law in determining the appeal.

If your appeal has been allowed, the Home Office, UKVI can make a similar application to the First Tier Tribunal on the grounds that the Immigration Judge made a material error of law in determining the appeal.

If your application to the First Tier Tribunal for permission to appeal has been refused by the First Tribunal, you can make another application to the Upper Tribunal for permission to appeal to the Upper Tribunal within 14 days if you are inside the UK and within 28 days if you are outside the UK.

If an application for permission has been granted either by the First Tier Tribunal or by the Upper Tribunal, the Upper Tribunal will list the matter for an appeal hearing to decide whether or not the Immigration Judge made a material error of law and whether or not the original decision of the Immigration Judge should be set aside.

If the Upper Tribunal dismisses your appeal, you can then file an application to the Upper Tribunal for permission to appeal to the Court of Appeal. If the Upper Tribunal refuses such application, you can make another application to the Court of Appeal itself for permission to appeal to the Court of Appeal. If permission is granted, the court of appeal will hear the appeal and decide the appeal.

Admin Review

A refusal of PBS application from inside or outside the UK can be challenged by way of a request for an Administrative Review.

How can we help you?

Contact us at the Oracle office nearest to you or submit an inquiry online.

Fees

In most cases we can provide a fixed fee quote however we appreciate that some clients will prefer an hourly rate basis. We will provide you with a fee quote at the initial consultation.

What services are included

  • Considering documents
  • Attending on the client
  • Taking their instructions and providing advice
  • Preparing and submitting the application
  • Advising the client on timelines and the outcome of their application
  • Discussing your circumstances in detail and confirming whether this is the most appropriate application for you to make and what other options may be available to you;
  • Giving you advice about the requirements of the Immigration Rules and whether you meet the criteria.
  • If you do not fulfil certain criteria, whether this can be overcome and how;
  • Considering the supporting evidence you have provided, where necessary, helping you obtain further evidence (such as medical records and bank statements), including taking statements of any witnesses;
  • Preparing your application and submitting it on your behalf;
  • Attendance at a Home Office interview: if the Home Office ask you to attend an interview, we will give you clear advice (and discuss the possibility of us attending with you) at the appropriate time;
  • Giving you advice about the outcome of the application and any further steps you need to take.

How long will my application take?

We cannot guarantee how long the Home Office will take to process your application. Read the current processing times. We will normally be able to submit your application within 4 weeks of you instructing us, but we will let you know at the earliest opportunity if it is likely to take longer than this.

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