If you are facing the UK visa appeal process, you will have the choice of tackling this alone or working with an immigration lawyer. Hiring representation is a common route following a visa refusal, as the process can be quite daunting to manage alone. You might feel more confident that you will achieve a good outcome if you have legal help on your side.
While many people feel confident handling the application process on their own, once their application is rejected, it’s common to lose confidence. Rather than navigate the legal process alone, we recommend hiring an expert in UK immigration law. This will allow you to prepare the best possible appeal that will increase your chances of success.
In this guide, we will explore the UK visa appeal process in more detail and look at the role of legal representation in this process.
The stages of the UK visa appeal process
To understand why you need legal representation, we first need to explore the appeal process. The appeal is not like submitting a new application. It involves preparing your appeal which will then be considered by the Tier 1 Tribunal. This is an independent body that decides who is correct, the Home Office or the applicant.
If your application has been rejected, you will be told if you have the right to appeal. You will also be told how long you have to appeal the decision.
Preparing your appeal
If you have the right to appeal, you need to prepare your documents. Your appeal needs to clearly state why the Home Office’s decision is wrong. This could be because they have misread evidence or they haven’t applied immigration law correctly to your case.
Pre-hearing
If your appeal is going to go before a judge, you will have to have a hearing. But before this, you will have a pre-hearing. The pre-hearing ensures that you are prepared for the main hearing. This is to ensure that you don’t waste the court’s time. The judge will determine if you are both ready to move forward to the main hearing. The full hearing is usually scheduled for around two weeks later.
The hearing
During the hearing, you will give evidence first and state your case as to why you believe your appeal should be allowed. The Home Office can then ask you questions about your appeal. The judge may also ask questions at this time. Next, the Home Office will state their case, and you will have a chance to ask them questions in return. Again, if anything is unclear, the judge will ask questions. There may be witnesses called to give evidence for or against you.
The outcome
You won’t find out if you have been successful at the hearing. You will normally be informed by letter around three to four weeks after the hearing. If you are successful, the Home Office decision will be overturned and your application will be considered successful. If you are unsuccessful at the hearing, the Home Office decision will be upheld. You may have the option to appeal to the Upper Tribunal.
What does a UK immigration lawyer do during an appeal?
An immigration lawyer does more than just represent you during the hearing. They start by examining your case and the reasons for it being rejected. Next, they will determine the best argument against the Home Office decision. They will represent you in all interactions with the court, including the pre-hearing and the hearing. You will still need to attend the pre-hearing and the hearing, but you will only be there to answer questions.
How do I win an immigration appeal in the UK?
In order to win your immigration appeal in the UK, you need to demonstrate how the Home Office has failed to apply UK immigration law to your case. It’s common for the Home Office to make mistakes when making these decisions, or to make assumptions based on incomplete information.
In order to overturn the decision, you need to make it perfectly clear that you meet the requirements for the visa category you are applying for. If you fall short in any way, you need to show how a negative outcome would impact your human rights.
Working with legal representation can help you to formulate a clear and succinct case that makes this abundantly clear to the judge. Remember that you are appealing to a judge who is independent of the Home Office, so they are required to remain impartial. But all they can use to make their decision is the evidence that you provide.
How often are visa appeals successful?
Around 50% of all visa appeals are successful, so it makes sense to go down this route if you believe you have a strong case. If you suspect that you have done something wrong with your application, or that you have applied for the wrong visa category, you might be better off submitting a new application.
The appeal process is not quick, but having legal representation can help to ensure everything goes smoothly. If you are not prepared during the pre-hearing, this can further delay your full hearing. Anything that eliminates these small delays will help to streamline your appeal.
Should I use legal representation for my appeal?
It is certainly possible to represent yourself and prepare your own appeal, but we wouldn’t recommend it. UK immigration law is incredibly complex and you need to have good knowledge of the system to be able to prepare a strong appeal.
If you need help preparing your appeal, get in touch with A Y & J Solicitors today. Our immigration lawyers have extensive experience supporting individuals and their families through complex appeals.
We can help you every step of the way, from preparing your appeal documents to representing you at the hearing. We understand how stressful and daunting the appeals process can be. Our team will be there every step of the way to explain what is happening so you can make informed decisions about the next steps. Stay connect with legal blog
