Expert Advice on How to Make a Successful UK Visa Appeal
To make a successful immigration appeal, a number of important elements need to come together in the right manner and at the right time. Simply requesting an appeal, even if you have a strong case, does not mean that a successful outcome will be achieved. In this article, we will outline eight tips to maximise your chances of a positive appeal outcome.
Table of Contents
If you need guidance on appealing against the Home Office, we are here to help!
1) Do not Delay the Submission of Your UK Visa Appeal
If you are thinking to appeal against the Home Office about your visa decision, the first step is to prepare and submit your appeal application either online or in writing (i.e. by post). The rules state that if you are currently inside the UK, you have 14 days to appeal from the date that your decision letter was sent. If you are currently outside the UK, you have 28 days to appeal. Unfortunately, if you submit your application late, your appeal may be refused unless you can provide a strong rationale and evidence as to why you missed the deadline. Given the time it takes to properly understand the reason/s why your visa decision was not as you expected and then to prepare and submit your application with the required documents, the window of time available is extremely short. For this reason, we recommend taking action immediately rather than delaying the appeal application process.
2) Request an Oral Hearing
When applying for your UK visa appeal, you have the option to have your case decided purely on the information and documents provided with your appeal application or at an oral hearing that you and your representative can attend. The statistics show that immigration appeals are far more likely to succeed[PM1] if an oral hearing is held. According to analysis by Freemovement.org, “an appellant has a 46% increased chance of their appeal being allowed at an oral hearing versus a paper hearing”. Being able to attend the tribunal gives you the opportunity to explain your circumstances and how the adverse decision has negatively affected you and/or your family members.
3) Take the Time to Collate and Submit the Required Documents
Much depends on the documents and information you provide to support your appeal case. The judge will take their time to review the documents you supply before making a decision. For this reason, providing all of the necessary documents to back up your case, translated and correctly formatted, may make the difference between a successful or unsuccessful appeal outcome.
4) Understanding the Grounds for Refusal
While it may seem obvious, it is imperative to understand the grounds for the decision made against you. Only by understanding why UKVI made their decision can you properly bring an appeal. The decision letter you received will explain why your application was refused or your status was revoked. For example, if your British citizenship has been cancelled by the Home Office because they believe that you made a false representation in your application, it is essential to understand exactly what they are referring to, i.e. the exact document, wording when this was sent, and why this was false.
5) Understand the UK Visa Appeal Process and What Happens on the Day of the Hearing
The first and upper-tier immigration appeal process involves several steps. It is important to understand each stage, who is involved, and the expectations that will be placed on you. It is also extremely useful to orient yourself as to what will happen on the day of the hearing, including when to arrive, how long you will need to attend, what will happen in the courtroom, who will ask you questions, how you should address the judge, and when you can speak.
6) Arrive at Your Hearing Early
In line with the above tip, it is important to arrive at court early, normally to be ready for 9.45 am. Being early means that you can find where you need to be, proceed through security, and report to reception. Being on time will also show that you take your UK visa appeal seriously.
7) Be Prepared for Cross-examination
On the day of your UK visa appeal hearing, you may be asked several questions by the Home Office presenting officer and the presiding judge. This can be quite stressful as they will use this as an opportunity to test your credibility as a witness. They may, for example, point out statements that you have made that are slightly different. To ensure that you feel relaxed, prepare for your cross-examination so that you have any important facts to hand. The responses you give should directly answer the questions and be succinct (i.e. not too lengthy)
8) Be Respectful and Truthful
At all times, it is essential that you are respectful, honest and truthful. Even if you feel frustrated, by being polite and honest in the way you conduct yourself and in the answers you provide, you will maximise your chances of a successful outcome.
The process surrounding a UK Visa Appeal can be stressful, demanding and lengthy journey. Working with an experienced immigration solicitor is undoubtedly key to ensuring a positive outcome of your immigration appeal. Even before proceeding down the process, they will advise on how to win an immigration appeal and if you have a chance of success. They will also explain all of your other options; in some cases, even if you have the right of appeal, this may not be the best route to achieve your long-term immigration objectives.
Gulbenkian Andonian specialises in the most complex and urgent immigration applications and appeals cases. Our immigration appeal Solicitors have successfully assisted many individuals and their family members in overcoming overwhelming odds to remain in the UK; let us do the same for you. Call us on +44 (0) 207 269 9590 or fill out the form below to discuss your matter with one of our friendly and empathetic team.
Ask our Expert Legal Team
Share This Post
Call us on +44 (0) 207 269 9590 or fill out the form below. We usually reply within a few hours.
Dr Bernard Andonian – the Co-Founder of Gulbenkian Andonian Solicitors, is an experienced Immigration Solicitor, former Judge, and recipient of a PhD in Law from the University of West London. He has over four decades of experience practising UK Immigration, Human Rights and Civil Litigation Law. He has served on the Law Society Immigration Law Panel, achieved numerous groundbreaking decisions in higher courts and is featured in the Legal 500’s Hall of Fame.