EU Nationals and Family members

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EU Nationals

European Union or EU is a union of 27 member states. All these EU states are primarily located in Europe. Some major EU member states are Austria, Belgium, Bulgaria, Croatia, Germany, the Czech Republic, France, Finland, Spain, and the UK. Citizens of these countries are called EU Nationals or EU Citizens.

 EU nationals living in the UK after Brexit

The UK left the European Union on 31st January 2020 as a result of Brexit. Now, all EU nationals living in the UK need to apply for the EU settlement scheme if they wish to continue living in the UK. You will get either a “settled” or “pre-settled” status as a result of your application. Which status you get will depend on when you apply. However, you must have started living in the UK by 31st December 2020 to get one of these two statuses.

Currently despite the Brexit, all EU nationals will enjoy all their rights and status in the UK until 30th June 2021. If you wish to continue enjoying all your rights and status after 30th June 2021, you must apply for an EU settlement scheme.

 EU settlement scheme

EU settlement scheme allows all EU nationals and their family members to continue living in the UK after Brexit. All those who get a successful decision on their application will get either settled or pre-settled status. The last day to make an application is 30th June 2021.

Settled Status & Pre-settled status

If you started living in the UK by 31st December 2020 and you have been in the UK 5 years or more, you will be given settled status.

If you don’t meet 5-year continuous living in the UK condition you will get Pre-settled status. With pre-settled status, you can stay in the UK until you complete 5 years here, after which you will be eligible to get a settled status.

Family members of EU nationals 

Family members of EU nationals can be an EU national or non-EU national and will need to apply under the EU Settlement Scheme

 Family members of EU nationals after Brexit

Earlier one could apply for a family permit to join their family member in the UK. However, after the Brexit, the scenario has changed. All family members of EU nationals who wish to continue living with them in the UK or join them in the UK and live with them after Brexit need to apply for the EU settlement scheme, EU settlement scheme family permit or EEA family permit. Which scheme you need to apply depends on your nationality and relationship with an EU national living in the UK.

 Eligibility for your family members

If your family member is also an EU national and they are or they come to the UK by 31st December 2020, they can apply for the EU settlement scheme to continue living in the UK.

However, if they fail to be in the UK by 31st December 2020 you may be able to still join you in the UK but under the new law which is likely going to be announced by January 2021.

  1. Family members who are EU nationals but not in the UK by 31st December 2020

If your family member who is an EU national fails to be in the UK by 31st December 2020, they can join you in the UK provided the following conditions are met:

  1. You must already have either settled status or pre-settled status.
  2. Your relationship must have begun before 31st December 2020. However, if your family member is a Swiss Citizen the date applicable is 31st December 2025.

 

  1. Family members who are non-EU nationals

If your family member is a non-EU, non-EEA and non-Switzerland national, they can apply for EU Settlement scheme family permit or EEA family permit to join you in the UK. However, in both cases, your family member must be outside the UK.

Close family members of EU nationals with settled or pre-settled status in the UK can apply for the EU Settlement Scheme Family permit. Close family members include spouse, civil partner, dependent child or dependent parent of an EEA national.

Close or extended family members can apply for an EEA family permit. The extended family includes brother, sister, aunt, uncle, cousin, nephew or niece.

If you are looking to apply for yourself or your family member contact Visa and Migration ltd on +44 (0)2034111261

 

 

Visa Refused – What to do next ?

Visa refusal is quite common. The applicants themselves can make a mistake or may not include the relevant evidence in support of the application which leads to a refusal of the application. In some cases, there may be incorrect consideration due to which the applicant can also be refused.

The simplest and most common reason for the visa refusal is incorrect submission or omission of details in the application form. Similarly not attaching required documents is also one of the most common reasons for visa refusal. Like this, there are other reasons why your visa application may be refused.

 Once your visa application has been refused what can you do? Well, you can apply a fresh application correcting the mistakes pointed out as a reason in the refusal letter. You can seek administrative review – if granted the right to do so – or go for an appeal against the decision if you have been granted the right of appeal.

In cases where you do not have a right to administrative review or right of appeal, you can only challenge the refusal by way of Judicial Review – where your case is looked by an independent judge.

Generally, you are always informed by the UK Home Office in your refusal letter whether you are entitled to the administrative review/appeal or not and also includes the reasons for refusal of your application.

 Administrative Review

Administrative Review is granted if you are detained at the border, upon refusal of a point-based system application and there is a strict timeline to 7 days if you are detained, 28 days if you made an application from outside the UK and 14 days if you made an application from within the UK

 Appeal

You can appeal against the decision to the tribunal only if you have been granted the right to appeal. You will be informed about it in the refusal letter from the Home Office. You can appeal in the following conditions:

  • The Home office has refused your protection claim/asylum claim/humanitarian protection.
  • There is a refusal of your human rights claim.
  • You got a decision under the European Economic Area (EEA) Regulations like the Home Office has decided to deport you or refused to issue you a residence document.
  • A decision to revoke your protection status has been given.
  • British citizenship is being taken away.

 If you are appealing in the UK, you can appeal within the 14 days of receiving a refusal letter. If you are applying for appeal from outside the UK, you have 28 days to appeal after receiving the refusal letter. If you apply after the deadline, you must explain the reason for appealing late. In this situation, the tribunal will decide if it can still hear your appeal or not.

You can file your appeal form with supporting documents. After this, there will be hearing of your appeal by a judge who will hear your case and usually judgment is given in 3-4 weeks. You will get the judgment in writing, however, you should keep in mind that the appeal process can be lengthy and expensive

Reconsideration

The UK rules provide a right of reconsideration if your application has been refused for NTL, TOC or you made an application to extend your leave, switch your visa or settle in the UK. It is important to note that this provision generally applies to applications made inside the UK, however, you can always request reconsideration.

Generally, an application made within the UK will only be reconsidered if –

  • new evidence about the date of the application
  • new evidence to prove that your documents were authentic
  • evidence that information received by UK Visas and Immigration (UKVI) before the decision date was not available to the team who made the decision
Judicial Review

If you intend to challenge the decision via a Judicial Review this must be done within 3 months from the date of the decision to refuse. Judicial review is a stage-wise process and in some cases can be lengthy and expensive and you should always seek professional assistance with this because if you get something wrong then the case may be thrown out of the court.

Seek expert’s advice throughout 

You should seek an expert’s advice when you are making a visa application for the first time so that there is no chance of visa refusal. However, if you did not do so, you must seek expert advice after the visa refusal. This is vital because all the preparation and presentation of your case will be done now by an expert representative which gives you the maximum chance of decision coming in your favor.

If you need expert advice for UK Visa refusal, get in touch with our experts now, call +44 (0)20 3411 1261 or visit www.visaandmigration.com

 

 

UK Family Visa – Things you must know

UK Family Visa

If you wish to join your family member in the UK who is a UK resident and you intend to join them for more than 6 months, you need to apply for a visa in a relevant category. If you are outside the UK you can apply to join your UK resident family member provided you meet the requirements of relevant Immigration Rules. If you are already in the UK on a family visa, you can apply to extend your stay before the time allowed for you to stay in the UK gets over.

 Who can you join in the UK on Family Visa?

You can apply for the UK family visa if you want to live with the following:

  • Your spouse or partner who is British or holds Indefinite Leave to Remain in the UK
  • Your fiancé, fiancée, or your proposed civil partner who is British or holds Indefinite Leave to Remain.
  • Your child under 18 who is British.
  • Your relative/ parent/ Grandparent who will take care of you for the long term if you are sick, disabled or simply aged and they are joining a person in the UK who is British or holds Indefinite Leave to Remain.
  • Your spouse/partner present in the UK on a Point Based System category – you will need to make a dependent application for this category
  • EEA/EU family members can apply under the Appendix EU of the Immigration Rules

Apart from these, you can also apply based on private or family life if you have lived in the UK for several years already provided there are insurmountable obstacles or compassionate and compelling circumstances. You can also apply as a widowed partner of a former UK National if you were granted leave to enter or remain as a spouse previously.

Eligibility

For a successful family visa application, you need to prove the followings:

  • You have a genuine relationship with your family member in the UK.
  • The relationship is legally recognized in the UK
  • You intend to live permanently with your family in the UK.
  • You have a good knowledge of the English language. However, in some cases, you are exempted from this condition such as you are under 18 or over 65 or you have long term physical or mental health problems;
  • You will need to meet the maintenance and accommodation requirement;
  • Your criminal record is clean and there is no serious or outstanding conviction against you; and
  • You meet the relevant requirements of the Immigration Rules

Apart from these general eligibility conditions, you also need to prove different conditions about the specific family visa category. For example, if you are joining as a partner you need to prove that you both are above 18 and you are either married, civil partners, engaged with an intention to get married within 6 months or you both have been living together in a relationship for more than 2 years. You may also need to fulfil the financial requirement in some cases, unless you are exempt due to the partner receiving PIP, DLA or Carer’s allowance

How long it takes to get a decision?

Usually, it takes 8 to 12 weeks from the application date to get a decision from outside the UK and from 8 weeks to 6 months from inside the UK. You can also get a faster decision by using the super-priority service.

What you can do and you cannot do after the visa is granted

Once you get a successful decision on your UK family visa application you are allowed to work and study in the UK. However, if the purpose of your visa application or extension of your stay in the UK is to get married or become civil partners, you cannot work or study in the UK unless you are granted leave to remain in a relevant category.

You are generally not allowed to seek any benefit or public funds to meet the financial requirements of your own or any dependent.

 

 

 

UK Sole Representative Visa – An Overview

There are lots of opportunities for businesses in the Uk. This is why many overseas companies want to establish their businesses in the UK. The UK also welcomes them. So, if a company wants to send its representative to the UK to establish a branch of their business in the UK, they can apply for Sole Representative Visa.

A sole representative visa allows a senior employee of an overseas company to come to the UK to set up and run a business unit in the UK. This business unit can be a UK branch or wholly-owned subsidiary of the overseas parent company.

 Sole representative visa requirements

You need to meet the following visa requirements for a successful application.

  • You must apply from outside the UK and EEA.
  • Your company must be a genuine business.
  • You must be recruited and employed by a company whose headquarter and other offices are outside the UK.
  • You must be recruited and employed outside the UK.
  • You must be a senior employee in the company.
  • You must not intend to take an additional job anywhere else.
  • You must have deep knowledge and experience in the industry.
  • You must hold a senior position in the company but at the same time, you cannot be a major shareholder. You must also have full decision making authority on behalf of the company.
  • There must not be a branch, subsidiary or another representative already present in the UK. This has to be the first commercial presence of the company in the UK. It can be a registered branch or a wholly-owned subsidiary. However, you may still be eligible to apply if there is a legal entity of the business in the UK that does not employ staff or transact business.
  • You must have enough money to meet your financial requirements without seeking any public funds.
  • You must meet the English Language requirement.
Documents to be submitted

In order to apply for a sole representative visa, you need to submit various documents along with the application. These documents are the following:

  • Your current passport or any other valid travel identification that allows you to travel to the UK.
  • You need to provide evidential documents to prove that you can support yourself and dependents (if any) during the time you are in the UK. These supporting documents can be bank statements or salary slip for the last 6 months.
  • You need to submit a decent business plan showing the objective of your company and validating the need for a representative office in the UK.
  • You need to submit details of your accommodation in the UK during your stay there.
  • Documents such as account statements of your company to prove that your company is a genuine one.
  • A contract between you and your company.
  • An appointment letter from your company that tells why you are being sent to the UK.
  • Your TB test results if you are coming from a country where you have to take the TB test.
 How to apply

If you are applying for the first time you can only apply from outside the UK. You need to apply online. If you are already in the UK, you can only apply to extend your existing visa.

 When to apply

You can apply no more than 3 months before you travel to the UK.

 Cost of application

The fee for a sole representative visa is £610 as of now.

 How long can you stay in the UK?

After a successful visa application initially you are granted a 3 years stay in the UK. After completing 3 years, you can apply for an extension of your visa for another 2 years.

 Bringing your family to the UK

If you are in the UK on a sole representative visa, you can bring your family members such as your spouse, civil partner and children below the age of 18. However, they must have a valid visa to come to the UK if they are from outside EEA or Switzerland. You cannot bring your parents, siblings or any extended family members.

If you require our professional advice or assistance in applying for your Sole Representative Visa, you can speak with our lawyers on +44 (0) 2034111261 or book an appointment on our website www.visaandmigration.com

 

 

 

 

 

 

 

Guide to UK Immigration for Doctors

UK needs and allows people from various professions to come to the UK workforce. Doctors are also welcome in the UK. However, migrating doctors to the UK from outside the UK and EEA needs to know the law and process of it. Immigration laws in the UK are complex and multi-layered. So, it is always good to have the basic knowledge of it.

 Basic Guidance for doctors looking to come to work in the UK

 Medical professionals and citizens of EU/EEA nations

If you are a doctor and an EEA national, you can come to the UK to work. You don’t require applying for any visa or a job offer in hand to come to the UK to work as a doctor. However, you do need to pass the English language test. Medical graduates from EEA countries also need to apply for registration.

 For medical professionals and citizens of non-EU/EEA nations

Non- EU nationals and medial graduates and professionals looking to come to the UK to work as doctors need two things. The first is to get a registration and license in the UK and the second is to get a valid visa.

 Registration and license

If you want to practice medicine and exercise legal privileges like writing prescriptions and signing in death certificates that come with it, you need to be registered and obtain a license. As a doctor, you need to have one of the three types of registrations. The type of registration you need to obtain depends on the role and level of responsibility you will perform in your job. Three types of registration are Full registration, Limited Registration, and specialist Registration.

 Full registration

Full registration is not for everyone. This is for those who want to take a job as a doctor who gets paid and is unsupervised in the UK. Only such applicants need to obtain full registration from the GMC.

Those EEA nationals who are qualified medical professionals in an EEA country are eligible for full registration. Qualified doctors from some other countries like Australia, New Zealand, Singapore, South Africa, Malaysia, and the West Indies may also qualify for full registration.

 Limited Registration

If you are looking to work within the NHS at supervised training posts, you must get a limited registration. Such applicants must ensure that their primary medical qualification is recognized by the GMC.

Doctors with limited registration can apply for full registration later when they can prove their skills and knowledge and attitude.

 Specialist Registration

Specialist registration is for those who are looking to work as a consultant for the NHS or who want to practice unsupervised in a private hospital or a clinic in the UK.

 Visa requirement

Tier 2 visa allows non-UK non-EU national workers/professionals including doctors to come to the UK to work. So, non-UK and non-EEA doctors who want to practice medicine in the UK need to apply for a Tier 2 visa. They need a job offer, certificate of sponsorship from an employer in the UK to apply for a Tier 2 visa. After getting the Tier 2 visa they can practice as a doctor in the UK.

 Tier 2 visa and eligibility 

UK employers can employ non-UK and non-EU professionals such as doctors to fill vacancies which they cannot fill with UK and EU nationals. This is possible under the Tier 2 visa. So, Non-UK and non-EU doctors need to apply for Tier 2 (General Visa) to work in the UK. Those who have ILR status in the UK don’t need to apply for any visa.

You need to meet below conditions to be eligible to apply for a Tier 2 visa:

  • You must have a job offer from a UK employer.
  • You must be offered an appropriate salary.
  • The job offer made to you must meet the Resident Market Labor Test (RLMT) unless there are some exemptions available to it.
  • Your employer must be a licensed Tier 2 sponsor in the UK who then must offer you a certificate of sponsorship.
  • You must have personal savings to support yourself when you arrive in the UK.
  • You must meet the English language requirement.

 

 

Administrative review of UK visa refusal

Visa refusal is sad but unfortunately true. Hundreds of visa applications are rejected in the UK every year for various reasons. Applicants should avoid the common reasons for refusal in the first place. Common reasons include wrong filling of the visa form, not following the format appropriately, not submitting required documents, hiding information and so on. If you have taken care of these common issues on your own or through expert’s services you have minimized the chances of visa refusal. However, visa refusal happens on other grounds as well.

 Administrative Review

If you feel that you deserve a successful decision on your visa and your visa application has been refused you need to know the options you have in such a situation. You can accept the decision, you can apply a fresh application and you can go for administrative review or appeal.

In your letter of refusal by Home Office, you are told if you are eligible for administrative review or not. If you are, you can go for it. Depending upon whether you are in the UK or outside the UK, different conditions need to be met in order to ask for administrative review.

Administrative review means you are seeking a review of your visa application conducted by a different home official. You can go for administrative review only if you feel that the Home Office has made an error in decision making while refusing your visa despite the submission of all the correct documents. Administrative review does not allow you submission of any new document or evidence.

 

Review when you are outside the UK

You can seek administrative review provided following conditions apply:

  • You are outside the UK.
  • You have applied outside the UK.
  • Your visa application refusal date is 6th April 2015 or later.
  • You have not been granted the right to appeal in your letter of refusal.
  • You did not apply as a visitor or a short term student.

Those seeking administrative review from outside the UK must apply for it within 28 days of getting the refusal decision.

 

Review when you are in the UK

If you are in the UK you can seek administrative review if your visa has been refused or your application has been granted but you are not satisfied with the period of leave to remain or conditions of your leave.

If you are seeking a review when you are in the UK, you must do it within 14 days of getting the decision. If you have been detained you must apply within 7 days.

 How to apply?

You can apply online in both cases. You need to pay £80 as a fee for it if you apply in the UK. It costs you nothing if you apply from outside the UK.

In a situation where you got the visa decision in your favor but you are unhappy with the period of leave to remain or conditions of your leave, you must email the Home Office for it. You must do it within 14 days of getting your biometric residence permit.

 A decision on administrative review

No matter you apply from outside the UK or in the UK, you should expect a decision on your review within 28 days. But if it is going to take more than 28 days, you will be notified about the same in writing.

 

 

EEA Family Permit After Brexit

Currently, the Brexit date is set for 31st January 2020. Brexit is when the UK leaves the EU with or without a deal. If a deal happens it has to pass through Parliament but if no deal is passed the default position in that situation is that the UK would leave the EU without a deal. With the recent victory of Boris Johnson, it is quite likely that a deal will be passed. However, whether a deal is passed or not passed what happens to an EEA national living in the UK and what happens to their family members is a question.

Settlement scheme for EEA nationals

As of now EU and EEA nationals living in the UK until 30 June 2021 or 31 December 2020 in case the UK leaves the EU without a deal.

There are already new laws drafted pertaining to the right to be granted to the EU national under Appendix EU of the Immigration Rules. Now it only stands a matter when we lose the EEA Regulations and adopt functioning under the new law.

Settled Status & Pre-settled status

Settled status means you have permanent residence or indefinite leave to remain in the UK. With settled status, you become an ordinary resident in the UK. There will be no immigration restriction on the length of time you stay in the UK. Those EEA nationals who have been in the UK for 5 years or more can apply for settled status.

Pre-settled status is for those EEA nationals who come to the UK by 31st December 2020 and have not completed 5 years of continuous residence in the UK. They can apply for pre-settled status that will enable them to stay in the UK until they complete 5 years here, after which they will be eligible to apply for settled status.

 

EEA Family Permit for non-EEA nationals after Brexit

Now, the question is what about non-EEA family members who wish to come to the UK to join their family member who is an EEA national? Will they still be able to apply for an EEA family permit? The answer is yes. EEA family permit would still be applicable allowing applicants to come to the UK provided they meet the following conditions.

  • They are from outside the EEA or Switzerland.
  • They are a family member of an EEA (excluding UK nationals) or Swiss national.
  • They apply from outside the UK.

Each family member of those from EU, EEA or Switzerland should apply under the Appedix EU for pre-settled, settled of or the EEA Family Permit status from outside the UK.

EU nationals are all expected to hold a settled or pre-settled status before their partner can apply for right to come to the UK.

EU Settlement Scheme Family Permit

If you are the close family member of an EEA national who has ‘settled’ or ‘pre-settled’ status in the UK, you can apply for the EU Settlement Scheme Family permit. Close family member, her means you should be spouse, civil partner, dependent child or dependent parent of an EEA national.

 

EEA Family Permit

If you are a close or extended family member of an EEA national, you can apply for an EEA family permit. Extended family member means you are a brother, sister, aunt, uncle, cousin, nephew or niece.

You also need to submit the required documents in order to apply for the EEA family permit successfully.

Should you wish to apply using our professional advice please complete the contact us form.

The NHS Visa

The UK allows people from other countries to migrate to the UK through various visa systems. In this series, they have recently announced that they will introduce the new NHS visa in the future which will allow medical staff to come to work in the UK.

It is being said that the new NHS visa is an attempt to bring in more medical staff such as nurses and doctors from all over the world to fill in the gap of workforce present in the healthcare system in the UK – The NHS.

Purpose of the new NHS visa

According to the Home Secretary Priti Patel, the purpose of the visa is to bring in the “best of both worlds”. The intentions are to control the number of immigrants from the healthcare industry coming to the UK and yet at the same time to attract the best talents to come and work in the UK healthcare system.

 

Important things to know about the new NHS visa

  1. This is a part of proposals is like Australian style points-based immigration system that will be introduced once the UK Parliament passes the law.
  2. The new NHS will be put in place once it leaves the European Union (EU) and is free of the EU freedom of movement rules.
  3. The cost of the visa will be £464.
  4. The processing of the visa will be fast-tracked with a guaranteed decision within 2 weeks.
  5. Preferential treatment will be given in the new system and extra points will be rewarded to those coming to work in the NHS.
  6. NHS workers who will apply through this route will be given payment support to repay the cost of immigration health surcharge in installments via their salary once in the UK.

What can one expect from the visa?

All the doctors and nurses looking to come to the UK to work in the healthcare industry can find the new proposed NHS visa very promising. UK government also thinks that through this visa they will be able to control the number of immigrants coming to the UK, which only the future will tell how true this claim proves to be. All the other details and execution once implemented will tell how useful this new NHS visa will be for the UK government and the overseas applicants. However, as of now, the proposed system is still welcomed. This is yet another attempt from the UK in the last one and a half years to change the current visa system and make it more accommodating for the people working in the healthcare industry. So, all the professionals in the industry are keenly waiting for this.

 

Indefinite leave to remain as a Spouse

After having spent 5 years in the UK you can apply to live permanently. You can apply for ILR (Indefinite Leave to Remain) in the UK as a spouse of a British Citizen or one who is settled in the UK or one who has refugee status or humanitarian protection in the UK,once you have lived in the UK for 5 years continuously with leave to enter or remain as a partner. If you have stayed in the UK as a fiancé, fiancée or proposed civil partner, you cannot count this while calculating your 5 years stay in the UK..

Eligibility Requirements –

The applicant needs to fulfil the requirements under Appendix FM of the Immigration Rules –

  1. You have held a spouse/civil partner visa in the UK for a consecutive 5 years.
  2. Your partner must be a British citizen or must be settled in the UK.
  3. You and your partner must still be in a genuine and subsisting relationship.
  4. You must prove your intention to live permanently in the UK.
  5. You and your partner must be able to meet the financial requirement. The minimum income requirement is £18,600 when there is no dependent, £22,400 with one non-British child and an additional £2,400 per child thereafter.
  6. There is suitable accommodation in the UK for both of you.
  7. You must meet the English language requirement.
  8. You need to pass life in the UK test.

Those who meet the above conditions are eligible to apply for ILR as a spouse.

If you are unable to meet the requirement then you can apply for discretionary leave to remain under the 10 Year route provided you can fulfil the exception requirements under paragraph EX.1 of Appendix FM of the Immigration Rules.

 Absence allowed during the stay on a spouse visa

There is no specific requirement on what should be the maximum absence time for those applying for ILR after holding a UK spouse visa. However, absence from the UK must be for good reason and it must be consistent with your intent to live permanently together with your partner in the UK.

 When to apply

Spouses or partners of a British citizen or settled persons in the UK can apply for the ILR up to 28 days before they complete 5 years in the UK with the leave to remain in the country.

 Fee and form for ILR spouse visa

Currently, the Home Office charges £2,389 – (fee in 2019) for the ILR spouse visa per applicant. However, the fee may change so you should check it when you are submitting the application.

Decisions can be received in 24 hours from the Home Office if you are willing to pay £800 additional fee.

If you require our professional advice or assistance in applying for your Indefinite Leave to Remain, you can speak with our lawyers on +44 (0) 2034111261.

 

 

UK Immigration Appeal

Many applicants apply for a UK visa every year in different visa categories. But this is an unfortunate truth that many of such applicant’s visa applications get rejected for one or the other reason. This means that the Home Office decision does not go your way always. Sometimes the reason for rejection is genuine and sometimes it is because you made some small mistakes such as not filling up the form correctly and in the format required. It is highly recommended that you seek expert advice before making a visa application.

What if your visa application has been refused?

It will depend on the type of application you have submitted whether you will have a right to appeal against the decision or not. For example – visitor visas do not carry a right of appeal, however, if at the stage of making the application the applicant raised human rights arguments then the refusal of a visitor visa can still be challenged.

However, if you have been refused a point-based system application you will only be granted a right to administrative review and not a right to appeal the decision. It is very important how the application is prepared a represented to have the best possible chance of success.

In some cases it is possible to request a reconsideration of the application, however, this depends on factors amount to the refusal of the application. Reconsideration is a cheap way to get a positive outcome if the application has been refused, however, this is not a guarantee that the Home Office will reconsider the decision but it does work out well in some cases.

TimeLine for Appeal

If you have been granted a right of appeal from outside the UK you will be granted 28 days to appeal against the decision from the date of receipt of the decision. If the application has been refused from within the UK you will be granted 14 days from the date of the decision to appeal.

 When to seek UK Visa and appeal service?

If you find the application process complex then you should seek expert service. If your visa application has been refused and you want to challenge the decision of the Home Office and thus choose to go for an appeal or administrative review as the case may be, you should seek expert advice before landing yourself into trouble. Also, if you don’t wish to go for appeal and simply want to reapply, you should go for expert advice to make sure that you are able to remedy the shortcomings.

Appeal Costs

The court fee is fixed to £80 for a paper hearing and £140 for an oral hearing. The representative’s fee depends on the complexity of the case. The appeals can be done online by using this link – https://immigrationappealsonline.justice.gov.uk/IACFees/.

 Appeal Work Involved

Appeals, in general, involve the following work –

  • Drafting Grounds of Appeal;
  • Completing relevant forms (all appeal forms can be found on gov.uk website)
  • Preparing Witness statements;
  • Gathering the relevant evidence in support of the appeal;
  • Preparing the bundles of appeal;
  • Liaising with the court and Home Office;
  • Preparing Skeleton Arguments;
  • Representing the appellant at the courts.

If you are looking for professional advice on Appealing a refusal please speak with our experts on +44 (0) 2034111261