Immigration Appeal Against Refusal Of In-Country UK Visa Applications
If your in-country application for leave to remain or indefinite leave to remain (ILR) has been refused by the UK Home Office (UKVI), and you have been granted the right to appeal, you can file an appeal with the First Tier Tribunal. An appeal must be lodged within 14 days of the refusal decision for both leave to remain and ILR applications.
In many situations, you may be eligible to request an Administrative Review (AR) as an alternative to appealing the refusal of your in-country application for leave to remain or ILR.
At Aden & Co Solicitors, our experienced team of immigration appeal lawyers is dedicated to providing expert legal counsel and representation on a fixed-fee basis. Whether you’re challenging a refusal or seeking advice on the appeal process, our solicitors can guide you through the process efficiently. You can consult with our specialist team of immigration solicitors for free immigration advice online or schedule an appointment to receive tailored, comprehensive legal guidance.
Aden & Co Solicitors are highly regarded UK immigration experts, renowned for providing top-tier legal services. Our team’s expertise is reflected in the exceptional ratings we’ve received, with 99% of our clients awarding us a 5-star rating on Google Reviews.
How Aden & Co Solicitors Can Help You File Your Immigration Appeal
At Aden & Co Solicitors, our team of skilled immigration appeal lawyers is dedicated to ensuring your appeal process is smooth and efficient. We file your immigration appeal online through the MyHMCTS service, offering a faster and more streamlined approach compared to traditional postal or fax submissions. By submitting your appeal electronically, you can expect quicker processing times.
In your appeal form, we will request that the decision be made based on either:
- The information provided within your appeal form, along with any documents submitted to the tribunal.
- A hearing, which your representatives will attend.
While you may not request a hearing, the tribunal has the authority to schedule one if they deem it necessary. If this happens, you will be informed and invited to attend. If a hearing is not held, the decision will be made by a judge using the information from your appeal form and supporting documents.
Requesting an Oral Hearing
You have the option to request an oral hearing through your appeal form. This would allow a decision to be made either:
- Solely based on the details in your appeal form and the documents presented to the tribunal.
- Through a hearing, where you and your representative can be present.
Even if you do not specifically request a hearing, the tribunal may still choose to schedule one. If this occurs, you will be notified and invited to attend. If no hearing is scheduled, a judge will review your case based on the appeal form and associated documents.
Conducting the Hearing
Hearings are generally conducted in public. However, you may request that the hearing be held privately or via video link, provided you have a valid reason—such as safety concerns related to attending a public hearing. Additionally, if you believe that the circumstances of your case warrant it, you may request a male or female judge. The tribunal will determine whether such a request can be accommodated.
Comprehensive Guide to Immigration Appeal Process with Aden & Co Solicitors
If your application for leave to remain or indefinite leave to remain (ILR) has been refused, you have the right to challenge this decision through the immigration appeal process. This detailed, step-by-step guide will help you navigate the appeal procedure with expert legal support from Aden & Co Solicitors:
- Initiating the Appeal:
The appeal process begins with filing a notice of appeal through the MyHMCTS online platform. The appellant must submit the required fee alongside the appeal notice to officially initiate the proceedings. - Respondent’s Evidence Submission:
The Respondent, typically the Home Office, will present their evidence through a Respondent’s Bundle, which outlines the reasons for the initial refusal. This bundle will form the foundation for their argument in opposition to the appeal. - Building the Appellant’s Case:
With the guidance of Aden & Co Solicitors, the appellant will prepare and submit a comprehensive Bundle of Documents. This bundle includes all pertinent evidence and legal arguments aimed at countering the refusal decision and strengthening the appellant’s case. - Tribunal Review:
The First-Tier Tribunal will assess all submitted documents and evidence, providing specific directions for the Respondent to reconsider or review the refusal. The Tribunal will take into account the appellant’s evidence and arguments when making this determination. - Respondent’s Reconsideration:
Following the Tribunal’s directions, the Respondent (usually the Home Office) will reassess their refusal decision. They may either uphold the refusal or withdraw it, should the presented evidence support such a course of action. - Submission of Specific Requirements:
If the refusal is upheld by the Respondent, the appellant must submit any specific requirements for the appeal hearing. This may include additional evidence or clarifications necessary to present the case effectively at the hearing. - Hearing Scheduling:
The First-Tier Tribunal will schedule a hearing date for the appeal. In some cases, a Case Management Review (CMR) may be held prior to the hearing to address any remaining issues or outstanding documents before the final hearing. - Hearing Procedure:
During the appeal hearing, both parties present their cases. If an oral hearing is requested, both the appellant and the Respondent will present their arguments in person. Alternatively, if an oral hearing is not requested, the Tribunal will decide based solely on the documentation provided. - Outcome Notification:
The Tribunal will notify both parties of the appeal decision, usually within 2 to 3 weeks after the hearing or upon review of the submitted documents, depending on the complexity of the case.
How We Can Assist You with Your Immigration Appeal
At Aden & Co Solicitors, our team of expert immigration appeals solicitors and lawyers is committed to guiding you through the entire process of your immigration appeal. We handle every aspect of your case until a decision is made by the Immigration Judge of the First Tier Tribunal (FTT). Our comprehensive immigration appeal services include the following:
Consultation and Grounds for Appeal: Our skilled immigration appeals lawyers will engage with you to discuss the reasons for your application’s refusal and offer advice on the potential grounds for appealing the decision.
Assessing Success Prospects: We will provide a clear analysis of your appeal’s chances of success, helping you understand the likely outcome based on the specific circumstances of your case.
Detailed Advice on Appeal Process and Costs: We will inform you about the appeal process, timelines, potential costs, and court procedures to ensure you are fully prepared for the legal journey ahead.
Online Appeal Filing: Our immigration appeals team will efficiently file your appeal online, completing the necessary forms and assisting you with the payment of any court fees related to your immigration appeal.
Drafting Grounds for Appeal: We will draft robust grounds of appeal to challenge the refusal, outlining how the decision was unlawful and not in line with UK immigration law.
Guidance on Supporting Documents: Our solicitors will advise you on the essential documentary evidence to submit in support of your appeal, ensuring your case is as strong as possible when reviewed by the Home Office and UKVI.
Compliance with Court Directions: After your appeal is filed, our team will ensure that all court directions from the First Tier Tribunal (FTT) are fully adhered to, handling all follow-up tasks efficiently.
Witness Statement Preparation: We will assist in preparing detailed and accurate witness statements from relevant individuals who will testify on your behalf during the court hearing.
Skeleton Arguments: Our lawyers will prepare and submit the Skeleton Arguments to the court and the Home Office Presenting Officers Unit (HOPOU) as required by court instructions.
Preparation of Appeal Bundles: We will carefully organize and file your appeal bundle, including indexed and paginated documents, with the court and the Home Office Presenting Officers Unit (HOPOU).
Evaluation of Respondent’s Bundle: Our team will thoroughly review the Home Office’s bundle (also known as the Respondent’s bundle) to ensure all information is considered in your appeal.
Briefing Counsel: We will prepare a comprehensive brief for a Barrister and ensure they are fully instructed to represent you during the appeal process at the First Tier Tribunal (FTT).
Pre-Hearing Conference with Counsel: If required, we will arrange a pre-hearing conference with the Barrister, where they will discuss the case and provide strategic advice on the court proceedings.
Ongoing Case Management: From start to finish, we will handle all follow-up tasks, ensuring your case progresses smoothly until a written decision is received from the court.
Our Fixed Fees for Challenging UK Visa Refusal Decisions
At Aden & Co Solicitors, we offer transparent and competitive fixed fees for challenging UK visa refusal decisions. Our services include comprehensive support for Administrative Reviews (AR), Pre-Action Protocol (PAP), and Judicial Reviews (JR). Below are the details of our fixed fees and no-win, no-fee offerings:
Fixed Fees for Administrative Review (AR) and Pre-Action Protocol (PAP)
Our expert team provides full-service assistance for both the Administrative Review (AR) and Pre-Action Protocol (PAP) processes, covering all necessary work until the final decision by the UKVI.
- Full Service for Administrative Review (AR): We handle the preparation and submission of your AR, covering all tasks up until the Home Office UKVI’s decision.
Fixed Fee: From £700 to £1,500 + VAT (if applicable) - Full Service for Pre-Action Protocol (PAP): We assist in drafting and submitting a PAP letter to challenge the Home Office UKVI’s decision. Our service includes all work until a decision is made.
Fixed Fee: From £800 to £1,500 + VAT (if applicable)
The final fee will be determined by the complexity and volume of your immigration matter. Please note that, in addition to our fixed fee for AR, you will be required to pay the Home Office UKVI fees for the AR process. However, no fees are charged by the UKVI for the Pre-Action Protocol (PAP).
No Win, No Fee for Judicial Review (JR) Against the Home Office UKVI
- Aden & Co Solicitors provides a no-win, no-fee arrangement for Judicial Reviews (JR) against the Home Office UKVI. This means you will not be required to pay our legal costs if your case is unsuccessful. If your Judicial Review is successful, we will recover our legal fees from the Home Office UKVI.
- Please note that the no-win, no-fee arrangement does not cover disbursements or third-party costs, such as court fees and barrister fees related to your Judicial Review proceedings. These costs will be your responsibility. Should we succeed in your case and recover our legal fees from the Home Office UKVI, any disbursements you have paid will be refunded, as they will also be recovered from the Home Office UKVI. However, if we are unable to recover these costs from the Home Office UKVI, any court fees or barrister fees paid will not be refunded.
- We will only proceed with your case under the no-win, no-fee agreement if we believe there are strong grounds to challenge the unlawful decision made by the Home Office UKVI.
Fixed Fee Structure for Immigration Appeals Against UK Visa Refusals with Aden & Co Solicitors
At Aden & Co Solicitors, we offer transparent and competitive fixed fees for various stages of immigration appeals against UK visa refusals. Our comprehensive services cover every aspect of the appeal process, ensuring clear pricing at each stage. Below is a detailed breakdown of our fixed fee range:
| Service Provided | Fixed Fee Range |
|
Appeal to the First Tier Tribunal: Complete representation for appeals against refusal of entry clearance or in-country leave to remain applications. This service includes all necessary work until the Immigration Judge makes a decision or until the Home Office UKVI revises the refusal decision. |
From £2,000 to £4,000 + VAT (if applicable) |
|
Application for Permission to Appeal to the Upper Tribunal: Full support for applications to the First Tier Tribunal seeking permission to appeal to the Upper Tribunal based on an alleged error of law by the Immigration Judge. This service includes all work up to the First Tier Tribunal’s decision on your application. |
From £800 to £1,500 + VAT (if applicable) |
|
Upper Tribunal Application for Permission to Appeal: Full service for applications to the Upper Tribunal for permission to appeal based on errors of law in a decision made by the Immigration Judge. This includes all work until the Upper Tribunal makes its decision. |
From £800 to £1,500 + VAT (if applicable) |
|
Upper Tribunal Error of Law Appeal Hearing: Complete representation for hearings before the Upper Tribunal after the grant of permission, addressing any error of law identified in the initial appeal. This service covers all necessary work until the Upper Tribunal renders its decision. |
From £800 to £1,500 + VAT (if applicable) |
|
Application for Permission to Appeal to the Court of Appeal: Full representation for applications to the Upper Tribunal seeking permission to appeal to the Court of Appeal based on errors of law during the Upper Tribunal’s hearing. This includes all work until the Upper Tribunal makes its decision on the permission application. |
From £1,500 to £3,000 + VAT (if applicable) |
|
Court of Appeal Application for Permission: Complete service for seeking permission to appeal to the Court of Appeal based on an error of law by the Upper Tribunal during an error of law hearing. This includes all work until the Court of Appeal makes a decision on your application. |
From £1,500 to £3,000 + VAT (if applicable) |
|
Appeal to the Court of Appeal: Full representation for appeals to the Court of Appeal after permission has been granted, including all work until a final decision is made. |
From £3,000 to £6,000 + VAT (if applicable) |
The final agreed fee will be determined based on the complexity of your case and the volume of work required. In addition to our fixed fee, you will be responsible for any third-party charges, including court fees and barrister fees for representation during hearings.