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Has Your UK Visa Been Refused?
If your visa application has been refused, we understand this creates a sense of frustration and loss of time, effort and money. UK visa decisions made by the Home Office are often refused due to errors made by themselves, the applicant or by the applicant’s legal representative.
Our lawyers have helped many clients successfully appeal decisions made by the Home Office. We are strong advocates of fighting for the rights of our clients and we believe our legal representations can help challenge your refusal and make a successful appeal.
Home Office Errors
Examples of mistakes the Home Office commonly make when deciding on a UK visa application are:
- Wrong interpretations of the relevant law
- Not taking into consideration the full facts of the client’s circumstances
- Losing the clients documents
- Making decisions based on previous legislation.
With our decades of experience, we have witnessed the effects and unnecessary stress a refusal has on clients and their dependents lives. If you have applied for a UK visa from overseas it is likely your arrival may be delayed. If you have applied from within the UK, you are at risk of being forced to leave the UK unless you appeal the decision.
How can I appeal the Home Office Decision?
Appeals are made in the first instance to the First-tier Tribunal who can allow the appeal or dismiss it. You may be able to apply to the Tribunal if the Home Office has:
- Refused your asylum or humanitarian claim
- Refused your visa application for entry clearance
- Decided to deport you
- Decided to revoke your British Citizenship
If you have a right of appeal it will state this on your refusal letter. We start the process with a detailed review of your initial application to see why it was rejected.
Appealing an Entry Clearance Visa Refusal
Once your Entry Clearance application has been refused by the Home Office you will have the chance to file an appeal to the First Tier Tribunal within 28 days of the date you received the refusal.
It is extremely important that an experienced immigration lawyer has assessed your refusal and the correct steps are taken immediately.
Examples of the different types of entry clearance applications that can be appealed by our immigration lawyers are:
- Fiance & Spouse Visa
- EEA Applications
- Unmarried Partner Visa
- Visit Visa
- Family Permit Applications Adult/Child Dependent Visa Application
- Student Visas
Appealing a In Country Application Visa Refusal
If you made an application for a visa extension or to switch to another visa category and it was refused by the Home Office UKVI, you must file an appeal to the First Tier Tribunal within 14 days of receiving the decision.
Examples of the different types of in country applications that can be appealed by our immigration lawyers are:
- Spouse Visa Extension
- Tier 2 Work Visa switching to Partner Visa
- Indefinite Leave to Remain Applications
- Dependent Visa Applications
- Tier1 Entrepreneur Extensions
Our immigration lawyers can help by providing you with the expert guidance and assessment on whether your decision can be challenged.
Optimus Law can help outline your options and determine the best course of action for proceeding with an appeal.
Our Appeal Process
Step 1. Assessment of your refusal and merits for appeal
Our lawyers will assess the various possibilities around appealing the decision that has been made by the Home Office. We will provide you with specialist advice on your case, identify the grounds of the appeal and outline any further supporting evidence which may be required to successfully appeal against the decision.
Please send a copy of your refusal letter and a copy of your application to us by email so our lawyers can determine why your application was refused and if whether there are merits for appeal.
Step 2. Preparing your case and lodging an appeal
To successfully appeal a visa decision, you need to have a well-prepared case. If we are confident that you have merits to appeal, we will prepare your case for you.
We take extra care to ensure all necessary evidence is provided and you are prepared for any cross examination.
The timeframe for appealing the decision made by the Home Office is relatively short and therefore all appeal cases are routinely prioritized within our legal department to ensure they are processed in a timely manner. We work swiftly to prepare your case and lodge the appeal with the detailed legal representations before the issued deadline by the Home Office.
Step 3. Representing you at the appeal hearing
It is essential that you are properly represented at the appeal. Our immigration lawyers have extensive experience in dealing with the first-tier tribunal. Prior to the appeal hearing, we will prepare you for cross examination and go through in detail your statements.
We will be with you throughout the appeal, providing our support to you and advocating your case on your behalf. We regularly engage in litigation and have worked with excellent barristers and solicitors to ensure that we maximise your chance of success. At this stage, we are focusing on implementing the appeal strategy that we have formulated for the appeal hearing.
How long do I have to appeal?
If you are outside the UK, you have 28 days from the reception of the refusal notice. If you are inside the UK, you have 14 days from the reception of the refusal notice. If you are being detained, it is recommended you file your appeal within 5 working days.
How long will the appeal process take?
We understand that the appeals usually have a short timeframe and we ensure that your appeal can be lodged within the issued deadline. Once we have lodged the appeal, we will await a hearing date which varies depending on the visa type and the volume within the Tribunal.
Why should I use a lawyer to make an appeal?
It is highly recommended to have an experienced lawyer work with you from the moment you receive your refusal letter. We urge clients to contact us and send us as much information as possible to receive our expert legal advice. Our lawyers will assess your case and explore every option to give you the best possible chance of a successful outcome. We work with some of the best barristers in the UK and ensure you will be represented by an advocate who is right for your case.
How will I know when my hearing date is?
The Tribunal will notify us of your hearing date and we will write to you with details of where to go and the date. If you cannot go yourself you can ask someone to go on your behalf.
What are the chances of success?
We are very honest in our assessment of the case. If we feel that they grounds for appeal are not strong we would advice you straightaway. We only proceed with cases where we are reasonably confident of a successful outcome.
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