UK Visa Refusal - time limits to respond
The implementation of the new 5 tier UK immigration regime by the UK Border Agency, from our perspective, as immigration solicitors appears to have coincided with an increase in the number of UK immigration visa refusals.
It is important to appreciate the appeal rights an individual has.
This article focuses on refusals by the UK Border Agency in the UK and should not be confused with appeal rights by Entry Clearance Officer's at UK missions abroad i.e. British Embassies or Consulates.
Appeal rights when applicant had no leave when the application was made
If an application is made to the UK Border Agency for an extension of stay and an individual had no permission to be in the UK at the time, there is no statutory right of appeal to an Immigration Judge.
Appeal rights when the applicant still has leave when the decision is made
If an application is refused and the individual still has permission to be in the UK there is no statutory right of appeal to an Immigration Judge.
Appeal rights when the applicant had leave when the application was made and it expired by the time the decision is made
If an application is refused in these circumstances, there is a statutory right of appeal to an immigration judge.
If you fall into the preceding category, there are two distinct times in which to lodge a notice of appeal against the decision to refuse.
Detained cases
Five days to lodge an appeal.
The time starts running from when the Notice of Decision is delivered.
Non detained cases
Ten days to lodge an appeal.
The time is deemed to start two days after the Notice of Decision is sent.
In both detained and non detained cases, the day that the notice is deemed to have been served should be excluded.
The days referred to above only include business days i.e. Monday to Friday and do not include public holidays.
Documents served
If refused, the UK Border Agency should serve a Notice of Decision explaining the reasons behind the decision together with an appeal form.
Documents to lodge when lodging the appeal
A completed Immigration Appeal Tribunal's form including:
- name and address of applicant
- the legal grounds
- list of documents to be relied on where practicable
These must be sent by post, fax, or the email address stipulated on the form.
Care should be taken when completing the form including any legal submissions as this serves the basis of the case before the Immigration Appeal Tribunal.
Those who have no statutory right of appeal may be able to challenge a decision to refuse by applying for judicial review in the High Court.
Individuals are advised to seek advice from an immigration provider regulated for providing legal advice.
Evan Remedios is a solicitor and partner at RLegal a specialist firm which assist with all aspect of UK immigration, http://www.rlegal.com
