Entry Clearance Appeal Against Refusal Of UK Visa From Outside The UK
If your UK visa entry clearance application is refused, you have the right to file an appeal to the First Tier Tribunal (FTT) within 28 days from receiving the refusal decision, provided the refusal notice confirms your eligibility to appeal.
In some instances, however, you may be entitled to request an Administrative Review (AR) rather than an appeal, depending on the circumstances of your visa refusal.
At Aden & Co Solicitors, our team of expert immigration appeal lawyers is dedicated to providing you with efficient and effective legal services. We file appeals online via the MyHMCTS service, ensuring faster processing times compared to traditional post or fax submissions. Our appeal form will request a decision based on one of two options:
- A decision made solely on the information provided in your appeal form and supporting documents submitted to the tribunal.
- A hearing, which your representatives will attend.
The tribunal may decide to hold a hearing even if you have not specifically requested one. You will be notified if this occurs. If a hearing is not scheduled, a judge will review your case based on the submitted appeal form and documentation.
Aden & Co Solicitors stands out as a top-tier provider of UK immigration legal services. Our fully qualified and experienced immigration solicitors deliver high-quality advice and support, as reflected in our 5-star Google Reviews rating from 99% of satisfied clients.
For expert immigration advice, feel free to reach out to our specialist team for a free consultation online, or book an appointment for comprehensive guidance on challenging UKVI decisions through an immigration appeal.
Comprehensive Guide to the Entry Clearance Appeal Process with Aden & Co Solicitors
The process of appealing an entry clearance decision follows a structured sequence of steps, ensuring that each stage is meticulously handled to provide the best chance of success. Here is a detailed breakdown of the procedure:
- Initiating the Appeal via MyHMCTS Service
The appeal begins by using the MyHMCTS service, an online platform designed for managing legal processes efficiently. - Submission of Appeal and Payment of Fee
The notice of appeal is filed online, and the associated fee for the entry clearance appeal is paid electronically through the service. - Respondent’s Evidence Submission
The Respondent is required to submit their bundle of evidence, known as the Respondent’s Bundle, which includes all supporting documents and information relevant to the refusal. - Appellant’s Bundle Preparation and Submission
The Appellant then prepares and submits their own bundle of documents, known as the Appellant’s Bundle, which serves to establish the grounds for the appeal and support their case. - Review by the First-Tier Tribunal
The First-Tier Tribunal carefully reviews all the submitted documents and arguments. Directions are provided to the Respondent to reconsider or review the initial refusal decision based on the new evidence presented. - Respondent’s Reconsideration of the Visa Refusal
Following the Tribunal’s directions, the Respondent revisits the visa refusal decision, considering the fresh evidence. The Respondent may either uphold the original refusal or choose to withdraw the decision based on the new information. - Submission of Specific Requirements for Appeal Hearing
If the Respondent decides to maintain the refusal decision, the Appellant is required to submit any specific requirements related to the upcoming appeal hearing. - Scheduling the Appeal Hearing
Once all the necessary documentation and requirements have been submitted, the First-Tier Tribunal schedules the appeal hearing. - Potential Pre-Hearing Review
In some instances, a Case Management Review (CMR) may be held before the actual appeal hearing. This is a procedural review designed to address any issues or clarifications before proceeding to the final hearing. - Appeal Hearing by the First-Tier Tribunal
The First-Tier Tribunal hears the appeal in the presence of all parties involved, provided an oral hearing has been requested. If not, the Tribunal will decide based on the submitted documents. - Final Decision on the Appeal
The Tribunal typically issues a decision on the appeal within 2 to 3 weeks, following either the appeal hearing or the consideration of the case based on the written submissions.
How Aden & Co Solicitors Can Assist You
At Aden & Co Solicitors, our seasoned team of immigration appeals solicitors offers expert legal advice and representation on a fixed-fee basis for entry clearance appeals. We will manage every aspect of your case, ensuring it progresses smoothly until a decision is made by the Immigration Judge at the First-Tier Tribunal (FTT). Our specialized team will handle all aspects of your entry clearance appeal, which includes the following key services:
- Consultation and Advice on Refusal: Our immigration solicitors will thoroughly review the reasons behind the refusal of your UK visa and advise you on potential grounds for appealing the refusal of your entry clearance.
- Appeal Evaluation and Success Chances: We will assess the merits of your case and provide a professional opinion on the likelihood of success in your UK visa entry clearance appeal.
- Guidance on Timeframes and Costs: Our team will explain the expected timelines, costs, and procedures involved in your entry clearance appeal.
- Filing Your Appeal: We will file your appeal online, complete the necessary forms, and ensure payment of the relevant court fees for your entry clearance appeal.
- Drafting Grounds for Appeal: Our solicitors will draft the grounds of appeal to challenge the refusal, highlighting how the decision was unlawful and inconsistent with UK immigration laws.
- Support with Documentary Evidence: We will advise you on the necessary documentary evidence to include in your appeal bundle to strengthen your case, increasing the likelihood of your UK visa being granted by the Entry Clearance Manager (ECM).
- Liaising with the First-Tier Tribunal (FTT): After filing your appeal, we will handle all follow-up tasks, including adhering to any court directions related to your appeal.
- Witness Statements Preparation: Our solicitors will prepare detailed witness statements from all relevant parties who will testify before the Immigration Judge at the First-Tier Tribunal (FTT).
- Preparation of Skeleton Arguments: We will draft and file Skeleton Arguments in compliance with court instructions, submitting them to the court and the Home Office Presenting Officers Unit (HOPOU).
- Appeal Bundle Submission: Our team will compile, index, and paginate all supporting documents, ensuring proper submission to the court and the Home Office Presenting Officers Unit (HOPOU) as per court guidelines.
- Review of Home Office Bundle: We will thoroughly assess the Home Office Bundle (Respondent’s bundle) to ensure all details are accurate and relevant.
- Barrister Briefing and Instructions: If needed, we will instruct a barrister and provide them with a detailed brief to represent you before the Immigration Judge at the First-Tier Tribunal (FTT).
- Pre-Hearing Conference: We will arrange a pre-hearing conference with the barrister to discuss the specifics of your entry clearance appeal and advise you on the court procedures.
- Continuous Follow-up: Our team will continue to monitor your case and provide updates until the final written decision on your entry clearance appeal is issued by the court.
Our Fixed Fees For Challenging UK Visa Refusal Decisions
Our fixed fees for challenging UK visa refusals are as given in the fee tables below:
Fixed Fees for Administrative Review (AR) and Pre-Action Protocol (PAP)
The exact fee will be agreed upon based on the complexity and volume of your immigration matter. Please note, in addition to our fixed fee for the AR service, applicants are required to cover the Home Office UKVI fees associated with the Administrative Review. There is no charge from the UKVI for the Pre-Action Protocol service.
No Win No Fee Judicial Review (JR) Against The Home Office UKVI with Aden & Co Solicitors
- At Aden & Co Solicitors, our experienced immigration team offers a No Win No Fee arrangement for your Judicial Review (JR) against the Home Office UKVI. This means you won’t be required to pay our legal fees unless we succeed in your case. If we win, we will recover our legal fees from the Home Office UKVI.
- It is important to note that while our No Win No Fee agreement covers only legal costs, it does not include disbursements or third-party expenses, such as court fees or barrister’s fees associated with your Judicial Review These costs must be covered upfront to allow us to initiate and manage your case. Should we succeed and recover legal costs from the Home Office UKVI, any disbursements you have paid, including court and barrister fees, will be refunded as they will be recovered from the Home Office UKVI.However, if we are unable to recover the legal costs from the Home Office UKVI, you will not receive a refund for any court or barrister fees you have paid.
- Please note that Aden & Co Solicitors will only accept your case on a No Win No Fee basis if we determine there are strong grounds to challenge the Home Office UKVI’s unlawful decision.
Fixed Fees for Immigration Appeals Against UK Visa Refusal: Transparent and Comprehensive Legal Services by Aden & Co Solicitors
At Aden & Co Solicitors, we offer clear and competitive fixed fees for each stage of the immigration appeal process in the UK. Our services are designed to guide you through the complexities of challenging a visa refusal, ensuring that your case receives the attention it deserves. Below are our fixed fee ranges for the various stages of the appeal process:
| Our Service | Fixed Fees Range |
|
Full service for preparing and submitting an Administrative Review (AR) of a UK visa refusal. This covers all necessary actions up until the decision by the Home Office UKVI on your AR. |
From £700 to £1,500 + VAT (if applicable) |
|
Full service for preparing and submitting a Pre-Action Protocol (PAP) letter to challenge the Home Office's decision. This includes all steps leading to a decision by UKVI regarding the PAP letter. |
From £800 to £1,500 + VAT (if applicable) |
| Service | Fixed Fees Range |
|
Full Service for an Appeal to the First Tier Tribunal – This includes all work involved in appealing a refused entry clearance application or an in-country leave to remain application, until a decision is made by the Immigration Judge or the Home Office withdraws the refusal after reviewing the decision. |
From £2,000 to £4,000 + VAT (If Applicable) |
|
Full Service for Application to the First Tier Tribunal for Permission to Appeal to the Upper Tribunal – This covers our comprehensive support to appeal a legal error made by the Immigration Judge, until the First Tier Tribunal rules on the permission application. |
From £800 to £1,500 + VAT (If Applicable) |
|
Full Service for Application to the Upper Tribunal for Permission to Appeal – Our team will represent you in seeking permission to appeal on a point of law made by the Immigration Judge, covering all work until the Upper Tribunal decides on the application. |
From £800 to £1,500 + VAT (If Applicable) |
|
Full Service for Upper Tribunal Error of Law Appeal Hearing – This includes all work up to the Upper Tribunal’s decision following an appeal after permission is granted by the First Tier or Upper Tribunal. |
From £800 to £1,500 + VAT (If Applicable) |
|
Full Service for Application to the Upper Tribunal for Permission to Appeal to the Court of Appeal – Representing you in seeking permission to challenge an Upper Tribunal decision on an error of law, from application through to the decision of the Upper Tribunal. |
From £1,500 to £3,000 + VAT (If Applicable) |
|
Full Service for Application to the Court of Appeal for Permission to Appeal – We will handle your application to the Court of Appeal, challenging the Upper Tribunal's decision on a point of error of law, and manage all work until the Court rules on your permission application. |
From £1,500 to £3,000 + VAT (If Applicable) |
|
Full Service for Appeal to the Court of Appeal After Permission is Granted – If your appeal is granted permission, we will manage your case through the appeal process until the Court of Appeal issues a final decision. |
From £3,000 to £6,000 + VAT (If Applicable) |
The total fee for your immigration appeal will depend on the complexity of your case and the amount of work involved. Please note that additional third-party costs, such as court fees and barrister’s fees for hearings, will be applied separately.