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Immigration and Visa Appeals

It can be devastating if you or a dependant’s immigration application or visa is refused, but you may have the right to make an appeal to the Immigration Tribunal. Depending on your circumstances, there are different levels of appeal across the court and tribunal system, and you may be able to appeal from outside the UK.

At Thorntons, our Immigration Law team understand how daunting visa appeals can be for the individuals concerned and their families, and can advise and support you throughout the process and represent you at any hearing or court dates.

Frequently asked questions

Here we answer some of the main questions asked about appealing against an immigration or visa decision.

When you receive your decision letter, it will usually inform you if you have the right to appeal. If so, you can submit your appeal online or by post or fax to the First Tier Tribunal, giving applicable grounds of appeal to your immigration status. The First Tier Tribunal is independent of the Home Office and an Immigration Judge will decide your appeal case.

You can ask for your appeal to be at a hearing or for it to be decided without a hearing based on the grounds and evidence you have submitted. There is an appeal fee of £140 payable should you wish to have a hearing in front of an Immigration Judge and £80 if there is no hearing.

If you do not have the right to appeal, you may be able to apply for an administrative review.

Our immigration law specialists can let you know if you have grounds for an appeal or administrative review, help you build your case and represent you at any hearing if needed.

You will have received information from the Home Office outlining why they have refused your immigration application or visa. If you have the right to appeal, you then submit your grounds for appeal to the First Tier Tribunal. You have to gather information and evidence to support those grounds. We can advise you on the possible grounds for appeal and help you build your case. 

There may be an appeal hearing to explain to the judge why the appeal should be successful. With our immigration and litigation experience, we can represent clients at any immigration hearing across the UK.

The Upper Tribunal is responsible for handling appeals against First Tier Tribunal decisions. It also handles judicial review of certain Home Office decisions. We can advise you if you have grounds to appeal to the Upper Tribunal on points of law and represent you at any hearing.

If you are applying from in the UK, you have 14 days from when you get your decision to lodge your appeal to the First Tier Tribunal. If you are outside the UK, you have 28 days to lodge your appeal.

Our team is on hand to respond quickly on appeal issues, advising you if you have grounds to make an immigration or visa appeal and helping you prepare and submit any necessary information.  

The length of time for the appeal process depends on First Tier Tribunal availability, so it is difficult to give a definite timescale for immigration tribunal decisions. Normally, entry clearance appeals take longer than in-country appeals as the process includes the appeal and any supporting documentation being reviewed by the entry clearance manager who has the opportunity to review such appeal cases before they get to the tribunal.

As your immigration solicitor, we can keep you informed on the appeal process and developments.

In certain cases, it may be possible to make an urgent appeal. You have to write to the tribunal to explain why your appeal should be held urgently, including evidence of any compelling or compassionate grounds if applicable. It is down to tribunal’s discretion as to whether they will hear the appeal early.

We can advise you as to whether you have grounds for an urgent appeal and the process to follow.

In certain circumstances, you can appeal from outside the UK. The process is similar to UK appeals. You have 28 days from your decision in which to lodge your appeal. We can advise you on your options and best approaches if you are wanting to appeal from outside the UK.

How can Thorntons help?

At Thorntons, we have dedicated court lawyers who only practice in the immigration and asylum courts. We have years of experience in conducting all types of immigration and visa appeals at all levels of the court and tribunal system. We understand how daunting appearing in court can be for many and always do everything possible to ensure that you understand the process in advance of any hearing or court dates.

Although we are based in Scotland, we are also able to act in immigration and human rights cases in the First-Tier Tribunals and Upper Tribunals in England, Wales, Northern Ireland as well as international courts outside the UK.

We also have other expert court lawyers who practice regularly in a range of other courts and tribunals throughout Scotland and the rest of the UK.

Call the Thorntons Immigration Law team on 03330 430350 to find out more about our immigration services, or complete our enquiry form and we will contact you.

How can Thorntons help?

At Thorntons, we have dedicated court lawyers who only practice in the immigration and asylum courts. We have years of experience in conducting all types of immigration and visa appeals at all levels of the court and tribunal system. We understand how daunting appearing in court can be for many and always do everything possible to ensure that you understand the process in advance of any hearing or court dates.

Although we are based in Scotland, we are also able to act in immigration and human rights cases in the First-Tier Tribunals and Upper Tribunals in England, Wales, Northern Ireland as well as international courts outside the UK.

We also have other expert court lawyers who practice regularly in a range of other courts and tribunals throughout Scotland and the rest of the UK.

Call the Thorntons Immigration Law team on 03330 430350 to find out more about our immigration services, or complete our enquiry form and we will contact you.

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