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You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:
The tribunal is independent of government. A judge will listen to both sides of the argument before making a decision.
If you do not have the right to appeal, you might be able to ask the Home Office for an administrative review.
How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.
For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.
You must only appeal using a paper form if your client is in detention.
Find out how to appeal from:
There’s a different way to appeal if you made your application before 6 April 2015.
You can apply again for the EU Settlement Scheme, Frontier Worker permit or S2 Healthcare Visitor visa for free if you have new evidence to submit.
Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.
You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.
You can only appeal a decision if you made your application after:
The deadline to apply to the EU Settlement Scheme was 30 June 2021 for most people. You can still apply if either:
You can only appeal to the tribunal if you have the legal right to appeal – you’ll usually be told if you do in your decision letter.
Talk to a solicitor or an immigration adviser if you’re not sure.
Read the guide on representing yourself if you’re not going to have a legal representative.
Your decision letter will usually tell you if you can apply for an administrative review if you do not have the right to appeal.
The administrative review process is different if you applied for the EU Settlement Scheme, a Frontier Worker permit, or an S2 Healthcare Visitor visa.
How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.
For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.
You must only appeal using a paper form if your client is in detention.
You have 14 days to appeal from the date the decision was sent.
If you apply after the deadline, you must explain why – the tribunal will decide if it can still hear your appeal.
You can appeal later if your administrative review was unsuccessful for an EU Settlement Scheme, frontier worker or S2 healthcare visitor application. Your administrative review decision will tell you how to appeal.
Apply online if you can – online appeals are quicker than post or fax appeals.
If you’re appealing for yourself, use the online service to:
You’ll need to create an account. You’ll also need:
You can:
If you’re appealing a decision where you’ve been detained in an immigration detention centre and your decision letter was sent by the Home Office, apply by post or fax with form IAFT-DIA.
There’s a different way to appeal if you made your application before 6 April 2015.
You can ask during your appeal application for a decision to be made either:
The tribunal can decide to have a hearing even if you do not ask for one. You’ll be told if this is the case and invited to attend.
If the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and the documents.
Hearings are carried out in public. You can ask for it to be held in private or to attend by video link, but you must have a reason, for example a public hearing would put you in danger.
You can ask for a male or female judge if you think there are issues in your appeal that make it appropriate. The tribunal will decide if it can do this.
It costs:
You may not have to pay if you:
You can also get help with court fees if any of the following apply:
You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form.
If you’ve already made your appeal you can also pay your fee online.
If you have new evidence to submit, you can:
It’s free to apply.
Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.
You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.
You can only appeal a decision if you made your application after:
You can only appeal to the tribunal if you have the legal right to appeal – you’ll usually be told if you do in your decision letter.
If you’ve been refused a tier 1, 2, 4 or 5 visa you will be able to ask for the decision to be reviewed at an administrative review – your refusal letter will usually tell you if you can.
The administrative review process is different if you applied for the EU Settlement Scheme, a Frontier Worker permit, or an S2 Healthcare Visitor visa.
Talk to a solicitor or an immigration adviser if you’re unsure whether you can appeal.
Read the guide on representing yourself if you’re not going to have a legal representative.
How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.
For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.
You must only appeal using a paper form if your client is in detention.
You have 28 days to appeal after you get your decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country.
If you apply after the deadline, you must explain why – the tribunal will decide if it can still hear your appeal.
You can appeal later if your administrative review was unsuccessful for a EU Settlement Scheme, frontier worker or S2 healthcare visitor application. Your administrative review decision will tell you how to appeal.
Apply online if you can – online appeals are quicker than post or fax appeals.
If you’re appealing for yourself, use the online service to:
You’ll need to create an account. You’ll also need:
You can ask on your appeal form for a decision to be made either:
The tribunal can decide to have a hearing even if you do not ask for one. You’ll be told if this is the case.
If the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and documents.
Hearings are carried out in public. You can ask for it to be held in private or to attend by video link, but you must have a reason, for example a public hearing would put you in danger.
You can ask for a male or female judge if you think there are issues in your appeal that make it appropriate. The tribunal will decide if it can do this
You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form.
If you’ve already made your appeal you can also pay your fee online
You might be able to appeal against a decision made by the Home Office if you submitted your application before 6 April 2015 and it was refused
You can make an appeal if you applied for leave to remain as a Tier 1, 2 or 5 migrant or family member before 2 March 2015 and your application was refused on or after 6 April 2015.
You can only do this if your application being refused means you do not have permission (‘leave’) to enter or remain in the UK.
Appeal online or by post or fax with:
You can make an appeal if you applied for permission to remain as a Tier 4 migrant or family member before 20 October 2014 and your application was refused on or after 6 April 2015.
You can only do this if your application being refused means you do not have permission (‘leave’) to enter or remain in the UK.
Appeal online or by post or fax with:
You can appeal against certain other Home Office decisions if you applied before 6 April 2015 and your application was refused on or after the same date.
You can only do this if the Home Office’s decision did not include refusing an asylum or human rights claim.
You can appeal online if your application for leave to enter was refused.
You can also appeal by post or fax with:
You can appeal online if your application to change (‘vary’) the length and conditions of your stay in the UK was refused. You can only do this if your application being refused means you do not have permission (‘leave’) to enter or remain in the UK.
You can also appeal by post or fax with:
You can appeal online if your application for entry clearance was refused.
You can also appeal by post or fax with form IAFT-2.
You can appeal online if your application for a certificate of entitlement to prove you have a right of abode in the UK was refused.
You can also appeal by post or fax with:
You’ll get a letter or email with details of how to attend your hearing. You may be asked to attend in person at a tribunal building, or asked to attend remotely by a video link or by phone.
If you’ll be attending remotely, the letter or email will tell you how to prepare for this.
You can check the daily courts lists on the day of your hearing to find out if anything has changed.
If you or your witness or representative is outside the UK and wants to give live video or audio evidence, contact the tribunal to request it. Tell the tribunal what country you, the witness or representative is in and what type of evidence is being given. You must do this as soon as possible.
You may have to give evidence at the hearing and answer questions.
You may need to take part in a ‘pre-hearing’, where the tribunal will check that you’re ready for a full hearing.
The hearing will normally be attended by:
It can also normally be attended by:
If your appeal is not held on its scheduled day for any reason (for example there is not a judge available) it’ll be rescheduled for another day.
Your hearing may also be adjourned as ‘part heard’ if there is not enough time to finish it, or it cannot be resolved on the day. The tribunal will arrange another hearing with the same people present.
You’ll be given a decision in person or by post.
The tribunal will either decide to:
You’ll usually get a copy of the tribunal’s decision within 4 weeks of the hearing.
Both you and the Home Office can appeal the decision of the tribunal.
The tribunal can order either you or the Home Office to pay the other’s costs if either of you has acted unreasonably.
If your appeal is not held on its scheduled day for any reason (for example there is not a judge available) it’ll be rescheduled for another day.
Your hearing may also be adjourned as ‘part heard’ if there is not enough time to finish it, or it cannot be resolved on the day. The tribunal will arrange another hearing with the same people present.
The Home Office will change (‘revise’) its decision if you win your appeal. The Home Office may reconsider your entire application if your circumstances have changed since you first made your appeal.
The judge may order the Home Office to pay you a ‘fee award’ if you win your appeal, up to the amount you paid for your tribunal fee.
Email the Home Office if you do not get your fee award after 60 days.
You can ask for permission to appeal to the Upper Tribunal (Immigration and Asylum Chamber) if you lose your case and you think there’s a legal mistake with the tribunal’s decision.
For example, you think the tribunal:
Ensuring a favourable outcome with UK Immigration Appeals depends on meticulous preparation and careful planning. Your Appeal must be direct, supported with facts, the law, and evidence to substantiate your claims. Our team is comprised of immigration experts who have years of experience producing successful appeals.
Contact our team today to discuss your Appeal matter: Get in touch with us now to explore how we can help you with your appeal matter.
