Immigration Appeals

immigration appealsImmigration can be quite complex depending on your circumstances, and this may lead to issues that could hamper your successful resettlement. Navigating the legal landscape of immigration is core to this, especially when faced with the refusal of an application. Immigrating to the UK is a huge change in your life, so if things do not go as planned it can severely impact your plans.

At Elite Law Solicitors, we do everything we can to help you fight for your immigration status, including help with immigration appeals. Understanding your rights during this difficult period is essential to your case, which is why we work closely with you throughout the process to improve your chances of success. With our team of legal experts on your side, you have the best chance of fighting a refused immigration application and successfully resettling in the UK.

If you require specialist legal advice or assistance, please get in touch with one our experienced immigration solicitors by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.

Refusal of an immigration application

Due to the case-by-case nature of immigration applications, there are many different reasons why your application may be refused. At Elite Law Solicitors, we will look at the specifics of your application and the reason for the refusal to help you appeal. Some of the most common reasons for refusal that we deal with include:

  • Inadequate documentation: Lack of sufficient or correct documentation is a leading cause of application refusals.
  • Failure to meet eligibility criteria: Not meeting the specific visa category requirements can result in a rejection.
  • Credibility issues: Discrepancies or doubts regarding the information provided can lead to refusal.

We can help with many of these problems by working with you and helping you understand why your refusal happened. Then, we can take the right steps to remedy any problems before re-applying successfully.

How do I appeal against an immigration decision?

Experiencing an immigration refusal is incredibly difficult news to hear, however our team of immigration specialists can help you fight the decision by appealing it. To appeal against an immigration decision, our team will look at your circumstances in-depth to understand what went wrong before trying to fix things. Here is how we do it:

  • Understanding the reason for refusal: First, we will carefully review the refusal notice to understand the specific reasons.
  • Check appeal rights: Not all decisions carry the right to appeal, so we will need to check that your decision is eligible.
  • Timely response: We are well aware of the strict deadlines imposed for filing an appeal, so we will work quickly to avoid forfeiting your right.

Before starting an appeal, we will first have to look at your case to learn more about the refusal. We will consider the merits of your case, assess the reason for the refusal and think about the best way to challenge it. We will also need to gather sufficient evidence to support the appeal.

Administrative Review

Administrative Review is a process available to individuals who believe an error was made in the handling of their visa or immigration application. Unlike an appeal, which challenges the decision itself, Administrative Review focuses on the process of how the decision was made. It is a reconsideration of your application using the same evidence, aimed at identifying case working errors.

This is one potential route we can take to help fight your application refusal at Elite Law Solicitors. We will have to look at the specifics of your case and why it was refused before deciding on this course of action. If it fits your circumstances, though, it can be a very powerful tool that can help overturn your refusal. Below is a general breakdown of how this process works:

  • Filing for review: This must be done within 14 days (or 7 days if you are detained) from the date of receiving the decision.
  • No new evidence: Only the evidence originally submitted with the application is considered.
  • Outcome: The review can result in the original decision being upheld, overturned, or the case being reconsidered.

We have found that a successful outcome in an Administrative Review can lead to some very positive results for our clients at Elite Law Solicitors. We have had success in reversing the initial decision, but even in instances where the review did not overturn the decision we can potentially advance to a judicial review.

Judicial Review

Judicial Review is a legal process where a judge reviews the lawfulness of a decision or action made by a public body, in this case, the UK immigration authorities. It is not about the merits of the decision but rather how the decision was made. It differs from Administrative Review in a few different ways, including:

  • Scope: Judicial Review is broader, questioning the lawfulness of the decision-making process.
  • Evidence: This route can potentially include wider considerations and evidence beyond the initial application.

It is highly advisable to have legal representation due to the complexity of these cases. At Elite Law Solicitors, we are ready to fight for you in a Judicial Review and strive to get you the outcome you want.

The process of Judicial Review

The process for establishing a Judicial Review can be quite complex, but our team at Elite Law Solicitors aim to make it as simple as possible for you. Below is a general outline of how this process occurs:

  • Pre-Action Protocol: First, we will draft a formal letter to the decision-maker outlining your case and seeking a change in the decision.
  • Permission to apply for Judicial Review: If unresolved, we must seek permission from the court to proceed.
  • Hearing and decision: If permission is granted, the case will be heard in court.

Given the complexities and the legal intricacies of Judicial Review, it is very important to have expert legal guidance. Missteps in this process can have significant consequences, which is why we strongly advise reaching out to our team at Elite Law Solicitors for support.

Should I instruct a solicitor to help with an Immigration Appeal?

Immigration law can be notoriously complex, which is why it is highly recommended to work with a solicitor to help your case. This is especially true if you intend to appeal a refused immigration application, as it will require in-depth knowledge of the latest laws surrounding immigration in the UK. Working with our team at Elite Law Solicitors helps your case in several different ways, including:

  • Expertise in Immigration Law: Our solicitors specialise in immigration law and are familiar with the nuances and latest changes in legislation.
  • Strategic approach: Our professional legal advice can help in formulating a strategic approach to appeal, increasing the likelihood of success.
  • Handling documentation and procedures: Our team of solicitors can ensure that all paperwork is accurately completed and submitted within deadlines.

We will be able to help you every step of the way when appealing your immigration application. From assessing the merits of your case and providing honest feedback about potential outcomes to helping you gather evidence and represent you in court, we are in your corner throughout the process.

Key benefits of legal assistance

Choosing to work with our team at Elite Law Solicitors offers several benefits that can help your case. We have found that our clients enjoy key benefits such as:

  • Improved chances of a positive outcome.
  • Reduction in stress and uncertainty associated with the appeal process.
  • Professional handling of legal complexities and procedural matters.

In essence, working with our team at Elite Law Solicitors makes it easier for your case to be heard. We can help improve your chances of success in court and remove some of the pressure and stress associated with a failed immigration application. If you would like to learn more about how we can help you, please get in touch today for a consultation.

What happens if my Immigration Appeal is unsuccessful?

An unsuccessful immigration appeal can be disheartening, but it is important to understand the potential next steps towards successful immigration. At Elite Law Solicitors, we will exhaust all potential avenues for you to ensure we have tried everything to fight for your case. If our initial appeals prove to be unsuccessful, we can still attempt:

  • Further legal remedies: Depending on the case, other legal options like a further appeal or Judicial Review might be available.
  • Reapplication: In some cases, reapplying for a visa or immigration status, addressing the reasons for refusal, may be advisable.

An unsuccessful immigration appeal is not the end of the road, and with our help, you can give yourself the best chance of securing successful immigration status in the UK.

Are there any time limits for Immigration Appeals?

Time limits in immigration appeals are important to get right. Failing to adhere to these deadlines can result in the loss of the right to appeal, so we will make sure to work within all of the time limits for your immigration appeal. We will make you aware of these time frames to ensure your appeal is considered valid and to keep you on track for successful immigration.

Key time limits for Immigration Appeals

There are a few different time limits that are important to know when fighting for your immigration status. These include:

  • Appeals to the First-tier Tribunal: Typically, you must appeal within 14 days of receiving the decision if you are in the UK, and 28 days if you are outside the UK.
  • Administrative Reviews: Must be requested within 14 days of receiving the decision (7 days if you are detained).
  • Judicial Reviews: Time limits can vary, but generally, a Pre-Action Protocol letter should be sent promptly, and the application for Judicial Review should be filed within 3 months of the decision.

Our team at Elite Law Solicitors are well-acquainted with these deadlines, so we will make sure that your case is heard before any of them expire. This will help ensure the success of your application and give you the best possible chance of securing immigration in the UK.

Consequences of missing Immigration Appeal deadlines

Sticking to the deadlines outlined above is very important as it helps to keep your application on track. Failing to meet these deadlines could result in:

  • Dismissal of appeal: Late appeals are usually not considered, leading to dismissal.
  • Limited options: Missing deadlines can significantly reduce your legal options.

How we can help with Immigration Appeals

Our goal at Elite Law Solicitors is to give your application the best chance of success, which means we adhere to these deadlines. If you have received a refusal, it is strongly advised that you speak with us as soon as possible. This will give us the most amount of time to build your case and make it as strong as possible.

If you would like to know more about how we can help with your immigration appeal, or if you would like to book a free initial consultation, then please contact our team at Elite Law Solicitors today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.

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