We undertake work in the following areas:

Chipatiso Services

PERSONAL IMMIGRATION - OUR SERVICES FOR INDIVIDUALS

Our firm provides personal immigration law advice and representation to individuals looking to enter or remain in the UK for work, study or family reasons.

Whether you wish to apply for a UK visa or challenge an immigration decision, our immigration solicitors and caseworkers combine expert legal advice, with a professional and supportive approach. We work directly with our clients, drawing on our years of experience of preparing high quality visa applications and presenting successful appeals and judicial reviews before the immigration courts.

We recognise that every client’s circumstances are unique and provide tailored immigration law solutions designed to meet individual needs.

BUSINESS IMMIGRATION - OUR SERVICES FOR BUSINESSES

Our team work directly with businesses in the UK to ensure that their immigration requirements are met.Whether you wish to recruit a foreign worker, establish a UK branch of an overseas company or effect an intra-company transfer, our immigration barristers can assist. Our expertise covers immigration routes for individual investors and entrepreneurs, small and medium businesses, as well as multinational companies.

We understand the importance of meeting our business clients’ strategic objectives and deliver innovative and compliant solutions on an individualised basi

We undertake work in the following areas:

Learn More About Visas

Please visit the page below to view a comprehensive list of visas and their corresponding subcategories for a better understanding of our services.

Visa Lists

BUSINESS IMMIGRATION - OUR SERVICES FOR BUSINESSES

IMMIGRATION APPEALS

White home

FIRST-TIER TRIBUNAL IMMIGRATION APPEAL

If your UK visa or immigration application has been refused, our immigration appeal lawyers can advise you on the merits of appealing to the First-tier Tribunal (Immigration and Asylum Chamber), prepare your immigration appeal and represent you at your immigration appeal hearing.

What is the First-tier Tribunal (Immigration and Asylum Chamber)?

The First-tier Tribunal (Immigration and Asylum Chamber), also known as the First-tier Immigration Tribunal, is the first level of court responsible for determining appeals against decisions of the Home Office regarding entry clearance to the UK, permission to stay in the UK and deportation from the UK.  The Immigration Tribunal is independent of the Home Office and has the power to overturn Home Office refusal decisions.

Right of Appeal to the First-tier Tribunal Against a UK Visa or Immigration Decision

You will generally have a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office has decided to:

Refuse your human rights claim or protection claim (also known as an ‘asylum claim’ or ‘humanitarian protection’) or revoke your protection status;

Refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016 (where saving provisions apply);

Revoke your British citizenship;

Refuse or revoke your status, vary the length or condition of your stay, or deport you under the EU Settlement Scheme;

Refuse or revoke your travel permit or family permit under the EU Settlement Scheme or restrict your rights to enter or leave the UK under those permits;

Refuse or revoke your permit, or deport you if you are a frontier worker;

Refuse or revoke your leave, or deport you if you are an S2 healthcare visitor.

If the Home Office has certified your asylum or human rights claim as “clearly unfounded” then you will not have a right of appeal.  However, you may be able to challenge the certification of your claim through a Judicial Review. 

If you do not have a right to appeal because the decision you wish to challenge is not an appealable immigration decision, you may still be able to ask the Home Office for an Administrative Review.  Only certain types of application carry a right of Administrative Review if refused.

It is sometimes possible to appeal, even where the Home Office asserts that you do not have a right to do so, but you will need to argue jurisdiction before the Tribunal.  An example may include a returning resident visa where there are strong family ties. 

If you are not sure whether your refusal decision includes a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber), our immigration appeal lawyers in London can advise you.

Appealable Human Rights Claim And More

Immigration

We have included other links to help you understand more information

What Is an Appealable Human Rights Claim?

In this section, we look at when a person may appeal to the First-tier Tribunal (Immigration and Asylum Chamber) concerning a human rights claim. 

Applications Submitted From Within the UK 

Certain immigration applications submitted from within the UK under the Immigration Rules are deemed to be human rights applications and have a right of appeal against refusal.

The following in-country applications under the Immigration Rules generally attract a right of appeal against a refusal decision:

Long Residence applications;

Appendix FM family member applications (this would include decisions to refuse to extend a spouse visa, civil partner visa or unmarried partner visa);

Part 8 family member applications;

Private Life applications;

Partner or child of a member of HM Forces applications.

Some applications for leave to remain outside the Immigration Rules may also be treated as a human right claim with a right of appeal against a refusal decision.

In this context, a human rights claim is defined as any claim made by a person that to remove them from or require them to leave the UK or to refuse them entry into the UK would be unlawful under section 6 of the Human Rights Act 1998.

Applications Submitted Outside the UK

The following out-of-country applications under the Immigration Rules generally attract a right of appeal against refusal:

Appendix FM family member applications (this includes decisions to refuse a spouse visa, civil partner visa, unmarried partner visa, fiance visa and adult dependent relative visa);

Part 8 Family member applications;

Partner or child of a member of HM Forces applications;

Outside the UK, a human rights claim outside the Immigration Rules would need to form part of a valid application for entry clearance on a route under the Immigration Rules.  For example, a visit visa application submitted overseas could include a human rights claim that a leave as a visitor should be granted outside the rules.  If the Home Office considers that a human rights claim has been made, then any refusal decision will generally carry a right of appeal.

What is an Appealable Protection Claim?

Protection claims include asylum claims and claims from those who may fall outside the Refugee Convention but believe they qualify for humanitarian protection because, if removed from the UK, they will be at risk of serious harm, as defined in the Immigration Rules.

The following protection claims generally attract a right of appeal against a refusal decision:

A claim that removal from the UK would breach the UK’s obligations under the Refugee Convention;

A claim that removal from the UK would breach the UK’s obligations in relation to persons eligible for humanitarian protection.

Limitations on Rights of Appeal to the First-tier Immigration Tribunal If the Home Office certifies a human rights or protection claim as ‘clearly unfounded’ then there is no right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). 

Where further submissions are rejected as not amounting to a fresh claim under paragraph 353 of the Immigration Rules, there is no human rights or protection claim to certify and so there is also no right of appeal.

A certificate can be challenged by way of judicial review. The merits of a challenge will depend on the evidence submitted with the original application and the basis for any refusal.  You may wish to seek expert advice from an immigration appeal lawyer in this regard. 

Other Appealable Immigration Decisions

As set out above, other Home Office immigration decisions may be appealable to the First-tier Immigration Tribunal, including certain decisions under the  Immigration (European Economic Area) Regulations 2016 and EU Settlement Scheme, as well as decisions to revoke British citizenship.

To discuss the possibility of appealing to the First-tier Tribunal (Immigration and Asylum Chamber) against an immigration refusal decision, contact our immigration appeal lawyers in London.

Time Limits to Appeal to the First-tier Immigration Tribunal

If you are in the UK and you have an in-country right of appeal, you will have 14 calendar days to appeal, from the date the decision notice was sent. 

If you are outside the UK, you will have 28 calendar days to lodge an appeal, from the date when you received the decision.

The time limit to appeal against a decision relating to the EU Settlement Scheme, where an administrative review application has been made, can, in some circumstances, begin from the date that the decision on administrative review is received.

It is important to remember that the time limit for lodging an immigration appeal to the First-tier Tribunal (Immigration and Asylum Chamber) is calculated in calendar days, not business days. It is only when the last day for appealing falls on a day other than a working day that an appeal is in time if lodged the next working day.  Working day means any day except a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday, and 27th to 31st December inclusive.

An appeal can be made out of time where the Immigration Tribunal agrees to extend the time limit for appealing.  Your notice of appeal will need to include an application for an extension of time and the reason why the notice of appeal was not provided in time.

Grounds of Appeal to the Immigration Tribunal

The grounds on which an appeal can be brought before the First-tier Tribunal (Immigration and Asylum Chamber) are set out in immigration law.

An appeal against the refusal of a human rights claim may only be brought on the ground that the decision is unlawful under section 6 of the Human Rights Act 1998. 

An appeal against a refusal of a protection claim must be brought on one or more of the following grounds: 

Removal of the appellant from the UK would breach the UK’s obligations under the Refugee Convention;

Removal of the appellant from the UK would breach the UK’s obligations in relation to persons eligible for a grant of humanitarian protection;

Removal of the appellant from the UK would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention)

An appeal against the revocation of refugee status or humanitarian protection may only be brought on the grounds that removal would breach the UK’s obligations under the Refugee Convention, or that removal would breach the UK’s obligations in relation to persons eligible for a grant of humanitarian protection

An appeal against a decision to refuse a residence document or deport under the Immigration (European Economic Area) Regulations 2016 may only be brought on the ground that the decision breaches the appellant’s rights under the EU Treaties in respect of entry to or residence in the United Kingdom.

Appeals against decisions under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020, including decisions on applications made under the EU Settlement Scheme, may be brought on the ground that the decision breaches any right which the person has under the EU withdrawal agreement, the EEA EFTA separation agreement or the Swiss citizens’ right agreement or is not in accordance with the provisions of the Immigration Rules, Immigration Act or Regulations (as appropriate) by virtue of which it was made.

How to Appeal Against a UK Visa or Immigration Decision

We start most immigration appeals online using the MyHMCTS service.  However, if you have been refused pre-settled status or settled status under the EU Settlement Scheme, or you are in detention, we will appeal using a paper form.

When we submit your immigration appeal, we will usually ask for a decision to be made at an immigration appeal hearing that you and your Immigration Solicitor or instructed barrister can attend.  It is also possible to request that a decision be made solely on the basis of the information that we include on your appeal form and the documents that we submit to the tribunal.

Once your immigration appeal has been submitted, as your immigration appeal lawyers, we will work hard to build your case, including by drafting an ‘appeal skeleton argument’ (ASA) (a summary of your case, a schedule of issues and reasons why we disagree with the decision) and uploading supporting witnesses statements and documentary evidence which will form your appeal bundle.

The Immigration Tribunal will then forward the ASA and our bundle of supporting documents to the Home Office. The Home Office will then carry out a review. The review is an important way to narrow the issues and, on many occasions, reach agreement as to the way forward, including by way of withdrawal with a view to a grant.  

A well prepared immigration appeal can lead to a meaningful review and potentially avoid the need for the matter to proceed to an appeal hearing before an Immigration Judge.  It is therefore extremely important that the Home Office is provided with all necessary information and that appeal arguments are clearly and succinctly advanced.  

If your appeal proceeds to a hearing, the Immigration Tribunal will actively manage your case.  Active case management can lead to the making of direction to the parties, the conduct of pre-hearing reviews, or the listing of case management review hearings.  

Once all the parties are ready, you will receive notice of the date and location of your appeal hearing before an Immigration Judge of the First-tier Tribunal (Immigration and Asylum Chamber).  You may be asked to attend the tribunal building in person, or you may be asked to attend remotely via video link or phone.  Either way, your immigration barrister will accompany you on the day of the hearing, ask relevant questions of any witnesses and make legal submissions to the Immigration Judge as to why your appeal should be allowed. 

First-tier Tribunal Immigration Appeal Processing Times

How long does it take to get a hearing date for a First-tier Immigration Tribunal hearing?

The length of time that it takes to receive a hearing date for a First-tier Immigration Tribunal hearing varies from case to case.  It can take several months for an immigration appeal to be listed for hearing.

How long does it take for an Immigration Judge to make a decision?

Once your immigration appeal has been heard, the Immigration Judge hearing the case will issue a determination telling you whether your appeal has been allowed or not.  You will not usually receive a decision on the day of the appeal hearing.  However, most decisions of the First-tier Immigration Tribunal are promulgated within about 3 to 4 weeks.

Urgent Immigration Appeals

If you consider that your immigration appeal should be dealt with urgently, it is possible to request an expedited hearing date.  You will need to demonstrate compelling or compassionate grounds for your case to be heard urgently, supported by documentary evidence.  A judge will review the evidence and decide whether your appeal should be heard sooner than usual.

Immigration Appeal Fees

Where an immigration appeal fee is applicable, the appeal fee for a paper immigration appeal is £80 and the appeal fee for an oral hearing is £140.  There is no applicable fee if an appeal relates to a decision to deprive British citizenship, a decision to remove an EEA national pursuant to the EEA Regulations, the revocation of protection status or where an appellant is detained and has received a decision by the Detained Asylum Casework team at the Home Office.  There are other circumstances in which you may be exempt from paying a fee.If your immigration appeal is allowed, you can ask the Judge to consider a fee award or the Judge may consider this of their own volition. This will depend on whether the evidence and points have been raised properly and adequately, giving the Respondent the opportunity to consider all matters properly.

How Our Immigration Lawyers Can Help You

Our immigration barristers work directly with individuals and businesses, within the UK and overseas, to prepare high quality appeals against Home Office visa and immigration refusal decisions and provide expert legal representation at immigration appeal hearings. If you are looking to challenge a Home Office visa or immigration refusal decision before the First-tier Immigration Tribunal, our immigration barristers combine specialist legal advice and advocacy, with a professional and supportive approach.Whether you require advice on the merits of appealing a refusal decision to the First-tier Immigration Tribunal, help with lodging an immigration appeal or representation by an immigration barrister at an immigration appeal hearing, our immigration appeal lawyers work directly with our clients, drawing on years of experience of preparing and presenting successful immigration appeals before the immigration courts.We recognise that every client’s circumstances are unique and our immigration appeal barristers provide tailored immigration law solutions designed to meet individual needs.

Get in Touch

Book Now

Trusted by many people

UPPER TRIBUNAL IMMIGRATION APPEAL AND MORE

UPPER TRIBUNAL IMMIGRATION APPEAL

f your appeal to the First-tier Tribunal (Immigration and Asylum Chamber) has been dismissed, our immigration appeal lawyers can advise you on the merits of appealing to the Upper Tribunal, draft grounds of appeal and, if permission is granted, represent you at your Upper Tribunal immigration appeal hearing.

On this page we look at the right of appeal to the Upper Tribunal. We have separate pages for immigration appeals to the First-tier Tribunal, Administrative Review and Judicial Review.

What is the Upper Tribunal (Immigration and Asylum Chamber)?

The Upper Tribunal (Immigration and Asylum Chamber), also known as the Upper Tribunal, is a court one level above the First-tier Tribunal (Immigration and Asylum Chamber).  It is responsible for determining appeals against decisions made by the First-tier Tribunal regarding entry clearance to the UK, permission to stay in the UK and deportation from the UK.  

The Upper Tribunal also determines applications for Judicial Review of some decisions made by the Home Office concerning immigration, asylum and  human rights claim

Right of Appeal to the Upper Tribunal Against a Decision of the First-tier Tribunal 

There is no automatic right of appeal to the Upper Tribunal.  In order to appeal to the Upper Tribunal against a decision of an Immigration Judge of the First-tier Tribunal it is first necessary to apply for permission to appeal.

A decision of the First-tier Tribunal (Immigration and Asylum Chamber) dismissing an immigration appeal can only be appealed to the Upper Tribunal if permission to appeal is granted.

How to Apply for Permission to Appeal to the Upper Tribunal (Immigration and Asylum Chamber)

An application for permission to appeal to the Upper Tribunal must be made to the First-tier Tribunal in the first instance.  If the First-tier Tribunal decides to refuse permission to appeal, then a further application for permission to appeal can be made directly to the Upper Tribunal.

An application for permission to appeal to the Upper Tribunal must be made in writing and must set out why the Immigration Judge of the First-tier Tribunal made an error of law when they dismissed your appeal against the decision of the Home Office.  It is not sufficient to merely disagree with the findings of the Judge.

Applications for permission to appeal to the Upper Tribunal are usually decided based on the Immigration Judge’s determination and the appellant’s written grounds of appeal, without an oral hearing.

Permission to appeal to the Upper Tribunal will only be granted if the Judge reviewing the decision of the Judge of the First-tier Tribunal is satisfied that the Immigration Judge arguably erred in law when they decided your case (i.e. there is an arguable case that the decision dismissing your appeal was legally wrong).

What is an Error of Law for Grounds of Appeal to the Upper Tribunal?

Errors of various types by the First-tier Tribunal may give rise to grounds of appeal to the Upper Tribunal.  

For example, the decision of the First-tier Tribunal may be said to be wrong in law if the Immigration Judge who dismissed your appeal:

Applied the Immigration Rules incorrectly or wrongly interpreted the Immigration Rules;

Failed to consider important evidence;

Had no evidence or insufficient evidence to support the decision made;

Reached a decision which is inconsistent with a binding decision of a higher court;

Followed an incorrect procedure, which resulted in unfairness.

Identifying errors of law in a First-tier Tribunal determination requires specialist legal knowledge. You may wish to seek expert advice from an immigration appeal lawyer.  Our immigration barristers have years of experience reviewing First-tier Tribunal determinations for errors of law and drafting grounds of appeal in support of successful applications for permission to appeal to the Upper Tribunal.

Time Limits for Appealing to the Upper Tribunal 

Application to the First-tier Tribunal for Permission to Appeal

As set out above, an application for permission to appeal to the Upper Tribunal must be made to the First-tier Tribunal in the first instance. 

If you are in the UK, the First-tier Tribunal will need to receive your application for permission to appeal to the Upper Tribunal within 14 days of the date on which the written reasons for the decision being appealed were sent.  

If you are outside the UK, you will have 28 days from the date on which the written reasons for the decision on appeal were sent to submit your application to the First-tier Tribunal for permission to appeal to the Upper Tribunal.   

If these time limits have been exceeded, it may be possible to request an extension of time for appealing.  You will need to include an application for an extension of time with your grounds of appeal and explain why the application for permission to appeal was not submitted in time.  The First-tier Tribunal will then consider whether to extend the time limit for appealing.

The above time limits are calendar days, but if the relevant time limit ends on a day that is not a working day, the application is made in time if it is made (and received) on the next working day. In the First-tier Tribunal, that is by midnight of the last day,

Application to the Upper Tribunal for Permission to Appeal

If the First-tier Tribunal decides to refuse permission to appeal, then a further application for permission to appeal can be made directly to the Upper Tribunal.

If you are in the UK, you will need to apply to the Upper Tribunal for permission to appeal to the Upper Tribunal within 14 days of the date on which the First-tier Tribunal’s notice of refusal of permission was sent to you. 

If you are outside the UK, you will have 1 month from the date on which the First-tier Tribunal’s notice of refusal of permission was sent to you to submit your application for permission to appeal to the Upper Tribunal with the Upper Tribunal.

If these time limits have been exceeded, it may be possible to request an extension of time for appealing.  You will need to include an application for an extension of time with your grounds of appeal and explain why the application for permission to appeal was not submitted in time.  The Upper Tribunal will then consider whether to extend the time limit for appealing.

Upper Tribunal Immigration Appeal Fee

There is no fee for appealing to the Upper Tribunal

Permission to Appeal to the Upper Tribunal is Granted

If permission to appeal to the Upper Tribunal is granted, your case will normally be listed for an error of law hearing. The Upper Tribunal will send Directions which will need to be complied with.

Following the hearing, the Upper Tribunal will make a decision as whether the First-tier Tribunal’s decision contained a material error of law.  The decision may be pronounced orally or reserved.  A written decision with reasons will follow in either case.  You should receive a decision in writing within 28 days of the date on which your appeal is heard by the Upper Tribunal. 

What will happen if I win my immigration appeal?

If the Upper Tribunal finds that the Immigration Judge of the First-tier Tribunal made a mistake of law then it will either:

Overturn the decision of the First-tier Tribunal and make its own decision on your appeal; or

Remit your case back to the First-tier Tribunal to be heard again.

The Home Office may ask for permission to appeal to the Court of Appeal if it thinks that the Upper Tribunal made a legal mistake.

What will happen if I lose my immigration appeal?

If the Upper Tribunal finds that the Immigration Judge of the First-tier Tribunal did not err in law then your appeal will be dismissed and the decision of the First-tier Tribunal dismissing your appeal against the refusal decision of the Home Office will stand.

However, if the decision of the Upper Tribunal discloses an error of law then you may be able to apply to the Upper Tribunal for permission to appeal to the Court of Appeal. Identifying an error of law in an Upper Tribunal determination requires specialist legal knowledge. You may wish to seek expert advice from an immigration appeal lawyer. 

If Permission to Appeal to the Upper Tribunal is Refused

If you are refused permission to appeal by the Upper Tribunal then you may be able to apply for judicial review of the refusal of permission to appeal at the Upper Tribunal.  This is known as a ‘Cart Judicial Review’.

You will need to be able to show that an error of law was made in deciding your appeal and that your case involves an important point of principle or practice, or there is some other compelling reason for your case to be heard.

The claim form and supporting documents must be filed no later than 16 days after the date on which notice of the Upper Tribunal’s decision was sent.

Identifying an error of law requires specialist legal knowledge. If permission to appeal to the Upper Tribunal is refused, you may wish to seek expert advice from an immigration appeal lawyer. 

36+

Case Solved

81+

projects

100+

Happy Clients

Years of experience

How Our Immigration Lawyers

Our immigration Lawyers work directly with individuals and businesses, within the UK and overseas, to prepare appeals against decisions of the First-tier Tribunal and provide expert legal representation at Upper Tribunal immigration appeal hearings.If you are looking to challenge a decision of the First-tier Immigration Tribunal to dismiss your immigration appeal, our immigration barristers combine specialist legal advice and advocacy, with a professional and supportive approach.Whether you require advice on the merits of appealing a decision of the First-tier Tribunal to the Upper Tribunal, help with drafting grounds of appeal, or representation by an immigration barrister at an immigration appeal hearing before the Upper Tribunal, our immigration appeal lawyers work directly with our clients, drawing on years of experience of preparing and presenting successful immigration appeals before the immigration courts.We recognise that every client’s circumstances are unique and our immigration appeal barristers provide tailored immigration law solutions designed to meet individual needs.

book now

UK VISA ADMINISTRATIVE REVIEW

If your UK visa or immigration application has been refused, your leave to enter or remain has been cancelled at the UK border, or you are not satisfied with the period or conditions of leave you have been granted, our administrative review lawyers can advise on the merits of applying for administrative review and, if appropriate, challenge the Home Office decision by way of an application for administrative review.

View Visa Lists Here

We have separate pages for immigration appeals to the First-tier Tribunal, Upper Tribunal and Judicial Review.

What is Administrative Review?

Administrative review is a process whereby an applicant can challenge a Home Office immigration decision on the ground that it is wrong because it contains one or more case working errors. 

Not all Home Office decisions can be challenged by way of admin review. This potential remedy is only available when an eligible decision has been made.

The only ground for AR is that the Home Office has made a case working error, as defined in the Immigration Rules.  

Following an application for admin review, the Home Office will review its decision and, if it agrees that a relevant case working error has been made, correct it.

What Is the Difference Between an Administrative Review and an Immigration Appeal?

Administrative reviews and immigration appeals are both mechanisms for challenging visa and immigration decisions of the Home Office.  

However, not all visa and immigration decisions carry a right of appeal – and not all visa and immigration decisions can be challenged by way of administrative review. You can only appeal to the First-tier Tribunal if the decision you are seeking to challenge is not eligible for administrative review and you can only apply for AR if the decision you wish to challenge does not carry a right of appeal.

In an immigration appeal, the immigration decision being challenged is first reviewed by the Home Office.  If the Home Office decides to maintain its decision then the case will proceed to a hearing before an independent Judge sitting in the First-tier Tribunal (Immigration and Asylum Chamber).  The appeal hearing will usually be an oral hearing, at which the parties attend and are legally represented.  Witnesses may be called to give evidence and the parties are generally able to submit additional evidence.  

Administrative review, meanwhile, is an internal Home Office review process.  It involves a paper review of the decision under challenge by a Home Office team that is independent from the team who made the original decision.  There is no oral hearing and the circumstances in which new evidence may be submitted are limited.

In an immigration appeal, the Immigration Tribunal will generally reconsider the case in its entirety, although the issue(s) to be determined may be limited by the scope of the Home Office refusal letter, the agreement of the parties and/or directions of the court.  The overarching duty of the Tribunal is to fairly determine whether the Home Office decision under challenge breaches the UK’s international obligations.  

In an admin review, eligible decisions are reviewed by the Home Office to establish whether there is a case working error (as defined in the Immigration Rules), either as identified in the application for review or identified by the reviewer in the course of conducting the administrative review.

Who Has the Right to Apply for AR?

Not all Home Office decisions can be challenged by way of administrative review. This remedy is only available when an eligible decision has been made.

The following is a non-exhaustive list of the main immigration applications which, if refused by the Home Office, will generate an eligible decision which can be challenged by way of an application for administrative review:

Tier 1 Investor (main applicant or dependant);

Tier 1 Entrepreneur (main applicant or dependant);

Skilled Worker (main applicant or dependant);

Scale-up Worker (main applicant or dependant);

High Potential Individual (main applicant or dependant);

International Sportsperson (main applicant or dependant);

Seasonal Worker;

Youth Mobility Scheme;

Religious Worker  (main applicant or dependant);

Charity Worker  (main applicant or dependant);

Creative Worker (main applicant or dependant);

International Agreement Worker (main applicant or dependant);

Government Authorised Exchange Worker (main applicant or dependant);

Start-up (main applicant or dependant);

Innovator (main applicant or dependant);

Representative of an Overseas Business (main applicant or dependant);

Global Talent (main applicant or dependant);

Student (main applicant or dependant), Child Student or Parent of a Child Student;

Graduate (main applicant or dependant);

UK Ancestry (main applicant or dependant);

Overseas Domestic Worker;

Hong Kong BN(O) Status Holder, dependent partner, BN(O) Household Child, BN(O) Household Member or Adult Dependent Relative of a Hong Kong BN(O);

Global Business Mobility – Senior or Specialist Worker;

Global Business Mobility – Graduate Trainee;

Global Business Mobility – UK Expansion Worker;

Global Business Mobility – Secondment Worker;

Global Business Mobility – Service Supplier.

If you have made an application under any of the above immigration routes and your application has been approved, but you believe that an error has been made in relation to the period or conditions of leave granted, this can also be challenged by AR.

Some decisions on applications under the EU Settlement Scheme are also eligible decisions which can be challenged by way of an application for administrative review.

If you have made an application which is deemed to be a human rights or protection claim (including asylum, private life, long residence and Appendix FM family member applications) or you applied for an EU Settlement Scheme Family Permit, then the decision will not be capable of being challenged by way of admin review.  However, you may have a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber).

If you have applied as a visitor, then the refusal decision will not be capable of being challenged by way of administrative review.  However, you may be able to make a fresh application or apply for judicial review.

Decisions to cancel leave to enter or remain at the UK border due to a change of circumstances, false representations or a failure to disclose material facts are also eligible decisions, provided the result is that you have no leave to enter or remain.  This includes decisions to cancel leave to enter or remain which is in force as a visitor.

Your decision letter should state if you can apply for administrative review, but if you are not sure whether your Home Office decision is eligible to be challenged by way of admin review then you may wish to contact our administrative review lawyers in London for further advice.

Grounds for Administrative Review

The only ground for administrative review is that the Home Office has made a permitted case working error, as defined in the Immigration Rules.

What Is a Case Working Error?

Admin review will only consider the following claimed case working errors:

The Home Office’s decision to refuse or cancel entry clearance or leave to enter or remain based on alleged false representations, false documents or information, failure to disclose material facts or previous breach of conditions was incorrect;

The Home Office’s decision to refuse an application on the basis that the date of application was beyond a time limit in the Immigration Rules was incorrect;

The Home Office’s decision not to request specified documents (for example, under the points-based system evidential flexibility rules) was incorrect;

The Home Office decision maker applied the wrong Immigration Rules or otherwise incorrectly applied the Immigration Rules (for example, by failing to consider some or all of the evidence submitted properly);

The Home Office decision maker failed to apply relevant published policy and guidance in relation to the application (for example, when assessing the credibility or genuineness of the application);

The Home Office decision maker made an error in calculating the correct period or conditions of immigration leave.

It is possible to apply for administrative review either because the alleged error could have made a difference to the decision or because the alleged error could unfairly impact on a future application (i.e. because a future application may now be refused on general suitability grounds).

The grounds for applying for administrative review are different if you applied to the EU Settlement Scheme, as a Frontier Worker, as an S2 Healthcare Visitor or as a Service Provider from Switzerland.  If this applies to you then contact our leading administrative review lawyers in London for further information.

How to Apply for Administrative Review 

Applications for AR must generally be submitted online, in accordance with the requirements of the Immigration Rules.  

The administrative review application fee must be paid (unless an exemption applies) and all mandatory sections of the online application form must be completed. Documents specified as mandatory on the online application or in related guidance must be submitted. 

If the admin review application is incomplete, it will be rejected. You may wish to seek legal advice from a specialist administrative review lawyer before applying.

The Home Office will not consider any new evidence or information, unless it impacts upon the decision under review and it:

Proves that you did not practice deception in the application under review, where this was a ground for refusal;

Proves that there was no change of circumstances, if leave was cancelled at the UK border for this reason;

Proves that the application was made within a time limit specified in the Immigration Rules, when an alleged failure to apply in-time provided a basis for refusal; or

Should have been requested by the Home Office when considering points-based system evidential flexibility.

The process of applying for AR is different if you applied to the EU Settlement Scheme, as a Frontier Worker, as an S2 Healthcare Visitor or as a Service Provider from Switzerland.  If this applies to you then contact our leading administrative review lawyers in London for further information.

Time limit for Applying for Admin Review

If you are in the UK and applied for permission to stay from within the UK, you will have 14 calendar days (or 7 days if detained) from the date when you received your decision notice or biometric residence permit to apply for administrative review.

If you are outside the UK and applied from outside the UK, you will need to apply for admin review within 28 days of receiving the decision that you wish to challenge.

Administrative Review Processing Times

Administrative review applications are currently taking at least 6 months to be processed by the Home Office.  

Application Fees

The Home Office charges a fee of £80 for an admin review application.   There is no additional fee for reviewing the decision(s) about any dependent(s) who were properly included in the original application.

Certain applicants may be exempt from paying the admin review fee, whilst others may qualify for a fee waiver. 

✦ Trusted Experience

IMMIGRATION JUDICIAL REVIEW

If you wish to challenge the lawfulness of a decision or action of the Home Office, or the Immigration Tribunal, and have exhausted all available alternative remedies, our immigration judicial review lawyers can advise you on the merits of applying for immigration judicial review and represent you in immigration judicial review proceedings.

We have separate pages for immigration appeals to the First-tier Tribunal, Upper Tribunal and Administrative Review.

What is Immigration Judicial Review?

Immigration judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action of the Home Office or the Immigration Tribunal.

In an immigration judicial review, the judge will look at the way in which the Home Office or Immigration Tribunal reached its immigration decision, rather than whether the immigration decision was right or wrong. In other words, immigration judicial review involves a challenge to the process followed by the Home Office or Immigration Tribunal when reaching an immigration decision, rather than the conclusion actually reached. 

Immigration judicial review is a remedy of last resort – you will need to have exhausted all other available complaint and/or appeal mechanisms before pursuing judicial review proceedings.

You will not be notified by the Home Office of your right to challenge a decision by way of judicial review.

Judicial review applications can be costly, risky and complex. You may wish to seek legal advice from a specialist judicial review lawyer when considering an application for judicial review.

Immigration judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action of the Home Office or the Immigration Tribunal.

In an immigration judicial review, the judge will look at how the Home Office or Immigration Tribunal reached its immigration decision, rather than whether the immigration decision was right or wrong. In other words, immigration judicial review involves a challenge to the process followed by the Home Office or Immigration Tribunal when reaching an immigration decision, rather than the conclusion reached. 

Immigration judicial review is a remedy of last resort – you will need to have exhausted all other available complaints and/or appeal mechanisms before pursuing judicial review proceedings.

You will not be notified by the Home Office of your right to challenge a decision by way of judicial review.

Judicial review applications can be costly, risky and complex. You may wish to seek legal advice from a specialist judicial review lawyer when considering an application for judicial review.

Is Judicial Review the Right Legal Process?

If you believe that the Home Office immigration decision in your case was wrong (rather than unlawful), you may be able to lodge an immigration appeal to the First-tier Tribunal against the decision, instead of applying for judicial review.  An appeal is a full hearing of a case on the facts which takes place in the First-Tier Tribunal before a judge. If the appeal is allowed, the judge can either overrule the decision and make their judgment, or the judge can send the decision back to the Home Office to be remade. You will be notified of any right of appeal in your decision.

If you wish to challenge the merits of a decision of the First-tier Tribunal, you may be able to appeal to the Upper Tribunal, instead of applying for immigration judicial review.

If you do not have a right of appeal, you may be able to challenge a casework error in the decision by way of an application for Administrative Review, instead of, or before, applying for judicial review.  Administrative review is an internal review by the Home Office, which is considered ‘on the papers’ without any oral hearing.  The decision under challenge will be checked by Home Office employees for errors that you have pointed out in your request for an administrative review. You will be notified of any right of administrative review in your decision.

Examples of Immigration Judicial Review Claims

The following are common examples of when an immigration judicial review claim may be appropriate:

Your immigration application has been refused by the Home Office, you have no right of appeal to the First-tier Tribunal , and you are not satisfied with the outcome of your Administrative Review application;

Your asylum or human rights claim has been certified by the Home Office as clearly unfounded, meaning you have no right of appeal.

You have made further submissions to the Home Office, and these have been rejected as not amounting to a fresh claim, with no right of appeal.

Your appeal to the First-tier Tribunal has been dismissed, and your application for permission to appeal to the Upper Tribunal has been refused by both the First-tier Tribunal and the Upper Tribunal, but you still believe that the decision on your immigration application contains an error of law.

You wish to challenge the lawfulness of your detention.

You wish to challenge an imminent removal or deportation.

Grounds for Judicial Review in Immigration Cases

There are three main grounds of immigration judicial review: illegality, procedural unfairness, and irrationality. 

Illegality: the decision-maker did not have the legal power to make the decision;

Procedural unfairness: the process leading to the decision was improper;

Irrationality: The decision under challenge is so unreasonable that no reasonable person, acting reasonably, could have made it.

In addition, a decision of the Home Office or Immigration Tribunal can be challenged on the ground that the decision-maker acted in a way which is incompatible with human rights that are given effect by the Human Rights Act 1998.

If a decision by the Home Office is found to be unlawful, unfair, irrational or contrary to human rights, then the decision will not be remade by the Judge. Instead, it will go back to the Home Office for reconsideration.

As mentioned above, immigration judicial review is not an appropriate legal procedure if you wish to argue that a decision of the Home Office or Immigration Tribunal is simply wrong, or if there is another avenue of appeal or review available.

Our immigration judicial review lawyers can advise on the most appropriate way to challenge a decision of the Home Office and, where appropriate, draft grounds for judicial review.

Time Limits for Judicial Review in Immigration Cases

An immigration judicial review application challenging a decision of the Home Office must be made promptly and must be sent or delivered to the Upper Tribunal so that it is received no later than 3 months after the date of the decision that is being challenged.

An immigration judicial review application challenging a decision of the First-tier Tribunal (Immigration and Asylum Chamber) may be made later than the time given above if it is made within 1 month from the date on which the First-tier Tribunal sent written reasons for its decision; or notification that an application for the decision to be set aside has been unsuccessful.

These time limits mean that judicial review applications should be made as soon as possible, once it is clear that the case is suitable for judicial review.  If you think that you may have an immigration judicial review claim, you should seek specialist advice from a lawyer who specialises in immigration judicial review as soon as possible.

Apply for Judicial Review in an Immigration Case 

Most applications for judicial review of a decision of the Home Office or the First-tier Tribunal (Immigration and Asylum Chamber) are lodged with, and decided by, the Upper Tribunal (Immigration and Asylum Chamber).

However, a challenge to any of the following must be lodged with the Administrative Court (a branch of the High Court) rather than the Upper Tribunal:

The validity of the immigration rules or legislation.

The lawfulness of detention.

A sponsor not being included on the register of sponsors maintained by UK Visas and Immigration;

A decision to refuse British citizenship;

A decision to refuse asylum seeker support.

A decision made by the Upper Tribunal (Immigration and Asylum Chamber);

A decision made by the Special Immigration Appeals Commission.

A declaration of incompatibility under section 4 of the Human Rights Act 1998;

A decision that has been certified as in the interests of national security.

A decision by a competent authority in respect of being a victim of trafficking.

The remainder of this page addresses immigration judicial review before the Upper Tribunal. If you are considering bringing judicial review proceedings before the Administrative Court, then contact our immigration judicial review lawyers for further advice.

The Judicial Review Process

A judicial review application in the Upper Tribunal (Immigration and Asylum Chamber) in respect of a decision of the Home Office has several stages. 

Pre-action protocol letter

Before commencing immigration judicial review proceedings, you should send a Pre-Action Protocol Letter (or Letter Before Claim) to the Home Office. The Pre-Action Protocol Letter is a legal submission which explains why the decision of the Home Office is unfair, irrational, unlawful or breaches human rights. The Pre-Action Protocol Letter will also warn the Home Office that judicial review proceedings will be commenced if the decision is not withdrawn.

Upon receipt of a Pre-Action Protocol Letter, the Home Office will review the decision in your case, normally within 14 days.

Following consideration of a Pre-Action Protocol Letter, the Home Office may decide to overturn its decision and grant a visa.  Alternatively, the Home Office may decide to maintain its decision.

The Pre-Action Protocol Letter is an important document that can often lead to an immigration decision being withdrawn and remade without immigration judicial review proceedings needing to be started. Wherever possible, a Pre-Action Protocol Letter should be drafted by an immigration lawyer specialising in judicial review.

Issue judicial review proceedings 

If there is no satisfactory response to your Pre-Action Protocol Letter, the next stage is to apply to the Upper Tribunal (unless your case falls within the jurisdiction of the Administrative Court) for permission to apply for judicial review of the decision you are challenging.

Immigration judicial review proceedings must be issued promptly and within 3 months of the original refusal decision (or within 1 month of the written reasons of the decision of the First-tier Tribunal (Immigration and Asylum Chamber) being sent where these are being challenged). The Pre-Action Protocol Letter stage does not affect the time limit for lodging a judicial review claim. 

To seek permission to apply for judicial review, you will need to complete a judicial review application form.  Care must be taken when completing the form to make sure that the information provided is accurate. 

Your judicial review application form must explain why the decision you wish to challenge is unlawful, irrational, procedurally improper or contrary to human rights. You may wish to attach detailed grounds for judicial review to the claim form, as the claim form itself is short. 

The application form must be accompanied by any written evidence on which you wish to rely, copies of any relevant statutory material and a list of essential documents for advance reading by the Upper Tribunal. Two copies of a paginated and indexed bundle containing all the documents must be sent or delivered with the application. 

Once the Upper Tribunal has issued your immigration judicial review claim, you must notify the Home Office and send them a copy of the judicial review application, including the case reference number and any accompanying documents.  Within 9 days of making the application, you will need to provide the Upper Tribunal with a written statement of when and how a copy of your application and relevant documents were served on the Home Office.

The Home Office will usually have 21 days from when they receive the claim and documents to file an acknowledgement of service.  Following consideration of your immigration judicial review claim and acting on the advice of the Government Legal Department, the Home Office may decide to overturn and remake its decision.  Alternatively, the Home Office may decide to defend its decision.  If this is the case, it will serve as a defence statement incorporating its grounds of defence.

Permission to apply for judicial review 

If the Home Office decides to defend its decision, a Judge of the Upper Tribunal will review your immigration judicial review claim and the Home Office’s defence statement and make a decision on whether to grant permission for judicial review (if you have an arguable case) or not (if the claim is unarguable).  

The Upper Tribunal will generally, in the first instance, consider the question of permission on the papers, without a hearing.  However, if the Judge wishes to hear oral argument on whether the claim is arguable, then an oral hearing may be ordered.

Most permission decisions are made within around 3 to 4 months.

If permission is granted by the Upper Tribunal, then the Home Office may decide to withdraw its decision and make a new decision, typically within 3 months.  This will often result in a visa being granted. Alternatively, the Home Office may decide to defend its decision despite the grant of permission.  If so, your case will proceed to a full judicial review hearing on the merits.

If permission is refused by the Upper Tribunal on the papers then, unless your claim has been certified as totally without merit, you will have 7 days to request to renew your application for judicial review orally before a Judge of the Upper Tribunal.

If your judicial review claim has been certified as totally without merit, then it may be possible to apply to the Court of Appeal to challenge this certification. 

The full judicial review hearing

If your immigration judicial review claim proceeds to a full judicial review hearing then a Judge of the Upper Tribunal will hear full oral argument from both sides on the lawfulness of the Home Office decision. 

If a case is not urgent, it can take from several months to more than a year for a judicial review case to be given a date for a final hearing.

No later than 21 working days before the hearing, you will need to serve on the Upper Tribunal and Home Office a skeleton argument and a paginated and indexed bundle of all relevant documents required for the substantive hearing.  The Home Office will also need to serve a skeleton argument on the Upper Tribunal and you. 

The Judge will then consider the claim in detail and make a final decision as to whether the Home Office acted unlawfully and, if it did, what (if anything) should be done to put things right. The Upper Tribunal’s judgement will set out the law which the Home Office must follow.   

Once judgement has been given, both sides will be able to make representations as to who should pay the legal costs of the proceedings. The loser usually has to pay both their own legal costs and the winner’s legal costs.

Processing Times

Processing times for immigration judicial reviews vary from case to case. The most important factor determining the processing time for an immigration judicial review is the stage that the immigration judicial review reaches before it is conceded or decided.

If the Home Office decides to overturn its decision and reconsider your application following receipt of a Pre-Action Protocol Letter, then you could receive an indication to this effect within 14 days of submitting a Pre-Action Protocol Letter.  

However, at the other extreme, if the Home Office decides to defend its refusal decision at every stage of the process and your immigration judicial review claim proceeds to a full hearing, then the outcome of your judicial review claim may not be known for at least 12 months.

Fees

The following court fees are payable by the claimant in an immigration judicial review claim:

The fee for the initial judicial review application is £165.

The fee for requesting that a refusal of permission be reconsidered at an oral hearing is £385.

The fee for a full judicial review hearing is £770 (reduced to £385 if you have already paid £385 to have permission reconsidered at an oral hearing).

If you are on a low income, you may be eligible to apply for a reduction in these fees.

What Happens if My Claim Is Successful?

If a decision by the Home Office is found to be unlawful, unfair, irrational or contrary to human rights, then the decision will not normally be remade by the judge. Instead, it will normally go back to the Home Office (or the court found to have made an error of law) to reconsider its decision, this time by the law.

If the Upper Tribunal finds that the Home Office has acted unlawfully, the Judge will likely do one of the following:

Issue a mandatory order requiring the Home Office to do something (e.g. to take a new decision within a specific period);

Issue a prohibitory order preventing the Home Office from doing something (e.g. to prevent removal from the United Kingdom);

Issue a quashing order overturning or undoing the Home Office’s decision (e.g. to overturn and remake a decision on an immigration application);

Issue an injunction requiring the Home Office to do something, or not do something, while a decision is made (e.g. to not remove from the United Kingdom pending a decision);

Make a declaration stating what the law is, where this is disputed.

The Home Office or court may be able to make the same decision again, but this time decide the proper process or considering all relevant case law and evidence reasonably.

What Happens if My UK Visa Judicial Review Is Not Successful?

If your judicial review claim is not successful, it may be possible to apply for permission to appeal to the Court of Appeal.  You may wish to seek legal advice from a specialist immigration judicial review lawyer when considering an appeal to the Court of Appeal.

Costs in Judicial Review Proceedings

An important consideration when deciding whether to pursue judicial review is the potential cost implications. 

The general rule is that the unsuccessful party will pay the costs of the successful party.  Therefore, if you do not succeed, you may be liable to pay the costs of the Home Office. 

Of course, it is also important to take into account that if you are successful, the Home Office may be liable to pay your costs. 

The Upper Tribunal has a discretion to award costs in immigration judicial review proceedings.  When considering the exercise of this discretion, it will take into account all of the circumstances, including (but not limited to) the conduct of the parties before as well as during the proceedings, which party has succeeded, and whether they have been partly or wholly successful.  

When considering the conduct of the parties, the Tribunal will consider whether it was reasonable for a party to raise, pursue or contest an allegation or issue, and how a party has pursued or defended a claim. One important consideration for the Tribunal will be whether each party has followed the Pre-Action Protocol for Judicial Review. 

Immigration Status During Judicial Review Proceedings

An immigration judicial review may not extend your leave to remain by section 3C of the Immigration Act 1971.

The effect of judicial review on immigration status is complex, and you may wish to seek legal advice regarding the effect of judicial proceedings on your immigration status.

Liability for Removal During Judicial Review Proceedings

An application for immigration judicial review will not, by itself, prevent your removal or deportation.

The Home Office may agree to defer removal or deportation if permission to proceed with a judicial review claim has been granted.

However, even where permission has been granted, the Home Office will not agree to defer removal or deportation if any of the following circumstances apply:

You have applied for judicial review less than 6 months since the conclusion of a previous judicial review or appeal on the same or similar legal issue or evidence;

You have applied for judicial review less than 6 months since the conclusion of a previous judicial review or appeal, and the issues being raised could reasonably have been raised in the earlier judicial review or appeal proceedings;

Your judicial review is brought during the three-month removal window (you may be able to apply for an injunction to stop the removal.;

Your judicial review challenges your removal on a scheduled charter flight (you may be able to apply for an injunction to stop the removal).

Chipatiso

How Our Immigration Lawyers Can Help

Our immigration lawyers work directly with individuals and businesses, within the UK and overseas, to prepare high-quality judicial reviews of Home Office visa and immigration refusal decisions and provide expert legal representation at immigration judicial review hearings. If you are looking to challenge a Home Office visa or immigration refusal decision by way of immigration judicial review, our immigration barristers combine specialist legal advice and advocacy, with a professional and supportive approach.

Whether you require advice on the merits of seeking permission to apply for immigration judicial review, help with lodging a judicial review claim or representation by an immigration barrister at a judicial review hearing, our immigration judicial review lawyers work directly with our clients, drawing on years of experience of preparing and presenting successful judicial reviews before the immigration courts. We recognise that every client’s circumstances are unique and our immigration judicial review barristers provide tailored immigration law solutions designed to meet individual needs.

OUR SERVICES

We offer 4 main services:

Initial Consultation Meetings

Immigration Application Preparation & Submission

Immigration Appeal Preparation & Representation

Sponsor Licence Application & Management

Information about each of these services can be found below.

Whichever service you require, our commitments to our clients include:

Direct access to specialist immigration Lawyers & Caseworkers

Expert knowledge of immigration law and procedure

Honest and independent legal advice

Professional and reliable service with fast response times

Practical and affordable immigration solutions

Consistent record of success and positive client feedback

Initial Consultation Meeting

Our initial consultation meetings provide an opportunity for an in-depth discussion of your immigration issue with a specialist immigration barrister with relevant expertise. We aim to provide you with a clear understanding of your options, the requirements involved and the steps you need to take. 

Whether you are considering applying for a UK visa from overseas, seeking to extend your stay in the UK or contemplating challenging a Home Office immigration decision, our immigration barristers will draw on their expert knowledge and years of experience to advise you.

Meetings typically last for 1 hour and can take place at our office in Covent Garden, via Google Meet or telephone.

Our initial consultation meetings include the following scope of work: 

Pre-Consultation Document Review

Document Assessment: Prior to the consultation, your barrister will review any relevant documents you have provided (such as correspondence from the Home Office, refusal letters, or supporting documentation), ensuring that they are fully informed of your situation.

Preliminary Case Understanding: A preliminary assessment of the key issues in your case, allowing the barrister to provide focused and effective advice during the consultation.

Legal Assessment and Case Strategy Discussion

Case Background and Objectives: An in-depth discussion of your case background, current status, and your desired outcomes.

Legal Requirements and Eligibility: Clear, concise advice on the specific requirements you must meet based on the relevant immigration category, the Immigration Rules, and any applicable policies or case law.

Strategic Options and Next Steps: Exploration of potential options available for your case, with tailored guidance on the most suitable pathway to achieve your objectives.

Risks and Challenges: Identification of any potential risks, challenges, or obstacles you may face, along with strategies for mitigating these issues.

Documentary and Evidence Guidance

Supporting Documentation Advice: General guidance on the types of documents or evidence needed to strengthen your application or appeal (specific advice on supporting documentation is provided as part of our full application or appeal preparation service).

Further Evidence Recommendations: Recommendations on additional evidence that may support your case, such as expert reports, witness statements, or financial documentation.

Timeline and Process Clarification

Expected Timeframes: Explanation of the typical timelines involved in your chosen immigration route, including processing times, submission deadlines, and any appeal deadlines if applicable.

Procedural Guidance: A step-by-step overview of the application or appeal process, covering all necessary formalities to ensure compliance with immigration procedures.

Q&A and Final Guidance

Clarifications and Additional Queries: An opportunity to ask any questions you may have about your case, options, or the legal process.

Summary of Key Points: A recap of the most important points covered in the consultation, providing you with a clear, actionable path forward.

Follow-Up and Next Steps

Written Summary of Advice: After the consultation, you will receive a written summary of the key advice and recommendations provided during the meeting.

Further Instructions (if required): Guidance on the next steps if you decide to engage our services for further representation, including a potential timeline and cost estimate for additional services.

Immigration Appeal Preparation & Representation

Our appeal preparation and representation service provides dedicated, expert guidance and legal advocacy from a specialist immigration barrister to ensure your appeal is thoroughly prepared, strategically supported, and professionally presented.

The comprehensive scope of work and tasks that are undertaken and included as part of our appeal preparation and representation service are as follows: 

Initial Appeal Assessment and Strategic Guidance

Merits Assessment: Accurate and honest assessment of the merits of your appeal by a specialist immigration barrister, with specific reference to the requirements of the Immigration Rules, relevant Home Office policies, and applicable case law.

Strategic Appeal Plan: Tailored advice on how to approach the appeal based on the facts of your case, identifying the strongest grounds to challenge the initial decision and maximise the likelihood of success.

Appeal Lodging and Case Management

Appeal Lodging via MyHMCTS: Lodging your appeal on your behalf through the MyHMCTS online system, ensuring that all formalities are correctly followed and that your appeal is processed efficiently.

Case Management and Communication: Acting as your appointed legal representative to handle all communication and documentation exchanges with the Home Office and Tribunal.

Respondent’s Bundle Review and Evidence Preparation

Respondent’s Bundle Review: In-depth review of the Home Office’s evidence bundle to identify weaknesses, inconsistencies, and areas for rebuttal.

Documentary Evidence Guidance: Detailed advice on the documentary evidence required to support your appeal, including specific guidance on content, format, and relevance based on legal standards.

Expert Instructions and Report Review (if required): Drafting detailed letters of instruction for relevant experts, coordinating any required reports, and reviewing these for accuracy and relevance. (Please note that you will be responsible for any expert fees).

Witness Statements and Evidence Preparation

Witness Statements Drafting: Drafting precise and compelling witness statements for individuals who will provide testimony at the appeal hearing, ensuring statements align with the appeal grounds and enhance the case’s credibility.

Appeal Bundle Preparation: Preparing, indexing, and paginating a comprehensive appeal bundle that is professionally organised, scanned, and ready for submission.

Legal Argument and Advocacy

Appeal Skeleton Argument: Preparation of a detailed, persuasive skeleton argument that sets out the legal grounds for your appeal, fully compliant with Tribunal directions and specifically structured to address the decision-maker’s reasons for refusal.

Legal Analysis and Precedent Application: Highlighting key legal precedents and case law that support your position, reinforcing the legal basis for approval.

Appeal Submission and Tribunal Correspondence

Appeal Bundle Submission and Service: Submitting the completed appeal bundle to the Tribunal and serving it on the Home Office, ensuring compliance with Tribunal guidelines and procedural deadlines.

Communication Management: Handling all communication with the Home Office and Tribunal on your behalf, including providing timely updates on any responses or new developments.

Home Office Review and Outcome Advice

Review Outcome Assessment: Analysing any outcomes from the Home Office review, providing clear advice on the implications for your appeal.

Next Steps Guidance: Professional advice on your options following the Home Office review, including further appeal rights, if applicable.

Tribunal Representation and Expert Advocacy (If Required)

Specialist Barrister Representation: Representation by an experienced, specialist immigration barrister who will advocate on your behalf before the Immigration Tribunal, presenting your case with precision and clarity.

Advocacy and Examination: Conducting examinations of witnesses where required, and effectively managing evidence presentation to highlight the strengths of your case while addressing any areas of concern.

Expert Legal Submissions: Preparation and delivery of oral and written legal submissions to persuasively present your case, addressing all relevant legal points and responding to any arguments raised by the Home Office.

Responding to Tribunal Directions: Ensuring that all Tribunal directions are fully complied with, including any procedural requirements for document submission, scheduling, or further submissions during the hearing process.

Post-Hearing Advice: Following the hearing, a detailed review of the Tribunal proceedings and guidance on the next steps, including potential further appeals or judicial review options if necessary.

In addition to preparing and presenting immigration appeals before the First-tier Tribunal, our immigration solicitors also regularly provide the following services:

Advice as to the merits of appealing against immigration decisions of the First-tier Tribunal;

Applications for permission to appeal to the Upper Tribunal against immigration decisions of the First-tier Tribunal;

Preparation and presentation of immigration appeals before the Upper Tribunal;

Advice as to the merits of appealing against immigration decisions of the Upper Tribunal;

Applications for permission to appeal to the Court of Appeal against immigration decisions of the Upper Tribunal;

Preparation and presentation of immigration appeals before the Court of Appeal;

Advice as to the merits of applying for Administrative Review;

Applications for Administrative Review;

Advice as to the merits of applying for Judicial Review;

Drafting of Pre-action Protocol letters / Letters before claim in advance of Judicial Review proceedings;

Applications for Judicial Review;

Representation at Oral Permission Hearings in Judicial Review matters;

Representation at Judicial Review hearings;

Representation at immigration bail hearings;

How long will my immigration appeal take?

We will ensure that your appeal is lodged within any time limits set out in law.  We cannot guarantee how long it will take for your appeal to be heard. It is possible that the Home Office may decide to withdraw their refusal decision based on our representations.  If they do not then, if you are appealing to the First-tier Tribunal, it is likely to take between 6 and 12 months for your appeal to be listed for hearing. Different timeframes may apply to different stages and types of appeals.

Appealing is not always the most appropriate way of challenging an immigration decision.  If we think that a fresh application would be a quicker and/or more cost-effective solution then we will let you know.

Sponsor Licence Application & Management

Our Sponsor Licence application preparation service provides dedicated legal guidance and meticulous preparation to help businesses meet Home Office requirements and secure a Sponsor Licence for hiring overseas talent. The service covers the full application process, HR compliance, and expert support at every stage.

Many immigration routes now require sponsorship, but by way of example, the comprehensive scope of work and tasks that are undertaken and included as part of our Skilled Worker sponsor licence application service are as follows:

Initial Assessment and Application Strategy

Eligibility and Compliance Assessment: A dedicated immigration solicitor will conduct an initial assessment to confirm eligibility for the Sponsor Licence and to advise on any necessary pre-application steps for compliance.

Application Structuring for Success: Strategic guidance on structuring your application to meet Home Office expectations and maximise the likelihood of approval.

Regulatory and Documentary Requirements Guidance

Comprehensive Requirements Review: Expert advice on the specific requirements of the Immigration Rules for Sponsor Licence applications, including guidance on relevant Home Office policies and applicable case law.

Documentary Evidence Guidance: Detailed advice on the documentary evidence needed to support the Sponsor Licence application, with a focus on content, format, and accuracy to ensure full compliance with Home Office standards.

Role Descriptions and HR Policy Preparation

Role Description Drafting Assistance: Support in drafting precise role descriptions that align with Home Office expectations, ensuring they meet the Skilled Worker route and other sponsorship criteria.

HR Policy and Procedure Package: Provision of a tailored HR compliance package, including:

Sponsorship Duties Guide: Detailed written guidance on the duties and responsibilities of a Skilled Worker Sponsor.

Right to Work Checks Guide: Step-by-step guidance on conducting compliant right-to-work checks for sponsored employees.

Record-Keeping Checklist: A comprehensive checklist of documents that must be maintained on record.

HR Template Forms: Customisable templates to streamline record-keeping and reporting obligations for sponsor compliance.

Application Form and Questionnaire Support

Application Form Completion: Assistance with completing the Home Office online application form and any supplementary questionnaires, ensuring consistency with other application materials. (Note: due to Home Office regulations, the form must be submitted by the business, but all required information will be prepared and reviewed by the solicitor).

Application Bundle Preparation: Assembly and organisation of all application materials into a complete bundle, with a full index, ensuring a professional and compliant submission.

Sponsor Licence Support and Compliance Preparation

Compliance Review and Gap Analysis: An in-depth review of current HR and record-keeping systems, identifying any gaps in compliance and providing recommendations to rectify these before the submission.

Final Document Compliance Check: Full review of all supporting documents by a specialist solicitor, with feedback on any recommended or required amendments to ensure compliance with the Immigration Rules and Guidance.

Solicitor’s Opinion in Support of Application: Drafting of a comprehensive legal opinion by the immigration solicitor, providing a structured argument on how the application meets the Immigration Rules and why the Sponsor Licence should be granted.

Submission Process Management

Application Submission Assistance: Professional guidance on submitting the completed application form and transmission of the finalised bundles to the Home Office Sponsor Licence Team by email for processing.

Ongoing Compliance Advice and Support

Pre-Decision Compliance Consultation: Continued guidance to address any additional Home Office queries or requests for information that may arise prior to a decision (attendance at a compliance visit can be arranged but would be subject to an additional fee).

Ongoing Professional Advice: Regular updates and clear advice on sponsor responsibilities, provided via email, telephone, or in-person consultations as needed throughout the application process.

Post-Decision Support and Next Steps

Outcome Analysis and Next Steps Guidance: Professional advice on the next steps based on the outcome of your Sponsor Licence application, including guidance on meeting ongoing sponsor compliance requirements if the application is successful.

Once your sponsor licence application has been approved, our immigration solicitors can assist you to comply with your duties and responsibilities as a licensed sponsor, ensuring that your business maintains its sponsor licence in compliance with Home Office requirements.

We assist our business clients with a range of corporate immigration services including:

Sponsor licence compliance audits

Sponsor licence change of circumstances requests

Annual CoS allocation requests

Defined Certificate of Sponsorship allocation requests

In-year CoS allocation increase requests

Assigning Certificates of Sponsorship

Withdrawing Certificates of Sponsorship

Adding Sponsor notes to Certificate of Sponsorship

Adding or removing an additional Level 1 or Level 2 user

Reporting changes to the Home Office

Job description analysis

OUR FEES

We recognise that our clients seek not only exceptional legal expertise but also transparent and flexible pricing options. We are committed to providing the highest quality services at a fair and agreed cost.

Fixed Fees, Agreed with Clients in Advance

We offer fixed fees that are agreed with clients in advance. We understand the importance of budget certainty for our clients, especially when dealing with immigration matters that can be time-sensitive and complex. By providing fixed fees rather than hourly rates or vague estimates, we give our clients the assurance that there will be no unexpected cost escalations throughout the process. This commitment to transparency builds trust and fosters strong, long-term relationships with our valued clients.

Our quote will assume that you will provide us with the necessary information to deliver the agreed scope of work within the agreed timeframe.  In discussion with you we may charge additional fees if the scope of work or timeframe changes for reasons beyond our control.

Pricing Options Based on Seniority

We recognise that immigration cases vary in complexity, and our clients may have different needs and budgets. To cater to these varying requirements, we offer pricing options based on the level of seniority of our barristers. Clients have the flexibility to choose from a range of qualified solicitors and caseworkers, each with different fee structures corresponding to their years of experience. This ensures that clients can access the level of legal representation that best aligns with their specific case requirements and financial considerations.

Flexible Instalment Arrangements

Understanding that immigration processes can involve significant financial outlays, we offer flexible instalment arrangements to our clients. This means that clients can pay fees in instalments at key milestones in their case, making our services more accessible and manageable from a financial perspective. Our aim is to ease the financial burden on clients while maintaining the highest standards of legal representation and service excellence.

Clarity and Fairness in Billing

Our fee structure is designed to be clear, transparent, and fair. We do not believe in hidden costs or surprise charges. All fees and disbursements are communicated openly to clients, ensuring they are well-informed and have a complete understanding of the financial aspect of their case before proceeding. Our commitment to clarity and fairness in billing is all part of our dedication to providing a positive client experience.

Competitive Fees

Our fees are highly competitive because, unlike many traditional barristers, we work directly with our clients, without the involvement of a solicitor.  This means that our clients only need to pay for one lawyer rather than two. We also keep our overheads and fixed costs down by using electronic case-management systems and other technologies that ensure a streamlined service for our clients.

Most Expenses Included

We do not charge separately for typical firm expenses like calls, photocopying, printing, stationery, document storage, standard postage, or travel expected within the agreed work scope.  If your matter includes a third-party report or service within the agreed fee, we will clarify the cost breakdown so that you always know exactly what is being paid and to whom.

Our fees will not include costs related to your matter that are payable to third parties (known as disbursements), such as Home Office fees, Court or Tribunal fees, independent expert fees and translation/interpretation fees.  Where such costs arise, you will be responsible for these.

If you would prefer us to pay disbursements to third parties on your behalf, we would be happy to do so.  We will invoice you for the amount (including any VAT charged by the third party) and handle payment.

VAT

All fees quoted below are exclusive of VAT.  If VAT is applicable, it will be added at 20% where this is required by law.  For example, VAT will be added where you are in the UK and have, or previously had, leave to remain.  If you normally reside outside the UK then VAT will not be added.

Where you ask us to pay a disbursement to a third party on your behalf, we will pass the invoice on to you in full.  We will not add VAT to the supplier’s gross invoice; however, VAT will be applied to our service charge, if applicable.

Initial Consultation Meetings

Our professional fee for a 1-hour initial consultation meeting with an immigration barrister is typically as follows:

Solicitors & Senior Caseworkers: £175 -£250

Partners & Senior Solicitors £300-£400r

Whichever level of lawyer you choose, we will ask for payment in advance of the meeting to confirm the appointment.   

We may need to charge more if your matter requires significant additional legal research or an extended meeting.  If this is the case, then we will let you know before confirming your appointment.

We would be happy to discuss the most appropriate lawyer for your initial consultation meeting, as well as for any further work going forward.  

Immigration Application Preparation & Submission

Because we approach each case individually and no two cases are the same, our professional fees for preparing and submitting visa and immigration applications also vary from case to case.

Our professional fee are as follows:

Preparing and submitting a simple visa or immigration application is typically between £1,750 and £3,000.

An application of medium complexity will typically cost between £3,500 and £6,000.

Our professional fee for preparing and submitting a more complex application is likely to be between £6,500 and £10,000.

Factors that may increase or decrease our overall fee quote include:

The seniority of the barrister;

The complexity of the issues in the case;

the number of applicants, including any dependents;

The volume of supporting documents or witnesses;

The timeframe for completion of the application;

whether it is a standard, priority or super priority application;

Whether we were instructed to prepare an earlier initial or extension application.

As well as completing all the legal work necessary to prepare and submit a strong application, we include a barrister’s opinion in support of each application and an independent check of each completed application by a second barrister as standard.

We accept payment in advance or by instalments and offer preferential rates where there are multiple main applicants, multiple dependents and for returning clients.

We will be pleased to provide you with a range of fixed fee options to choose from, based on the circumstances of your case and the level of service that you require, once we have more information about your matter.

Sponsor Licence Applications & Management

Businesses differ in size and sector focus, and so do the complexities of their immigration requirements. Consequently, our professional fees for preparing a sponsor licence application and sponsor licence management are tailored to each case.

Our professional fee for preparing a sponsor licence application is typically between £3,500 and £6,500, depending on the seniority of the Solicitor engaged.  If the application is more complex, then a higher fee may apply.

As well as completing all the work required to prepare a strong sponsor licence application, we include a barrister’s opinion in support of each application and a comprehensive human resources policy and procedure package (including job description analysis, a Sponsor Licence Policy guide, Right to Work Checks guidance, a record keeping checklist and templates for record keeping, and ongoing advice regarding HR systems and procedures) as part of our service.  If you already have employees, we will also check your right to work checks on 1-10 employees at no additional cost (if you would like us to check your right to work checks on more than 10 employees, then an additional fee of between £500 and £1,000 will typically apply).

In addition to preparing sponsor licence applications that are ready for submission to the Home Office, we provide employers with a range of business immigration services to ensure they remain compliant with their sponsor duties and responsibilities: 

Sponsor licence compliance audit (1-20 employees): £3,500 – £5,000

Sponsor licence compliance audit (21-50  employees): £5,500 – £7,500

Sponsor change of circumstances request: £750

Annual CoS allocation request: £500

Defined Certificate of Sponsorship allocation request: £500

In-year CoS allocation increase request: £500

Assigning Certificate of Sponsorship for a worker: £500

Withdrawing a Certificate of Sponsorship: £100

Adding Sponsor note to a Certificate of Sponsorship: £100

Adding or removing an additional Level 1 or Level 2 user: £250

Reporting changes which need to be notified within 10 working days: £300

Reporting changes which need to be notified within 20 working days: £250

Job description analysis: £500-£800

Error correction request: £250

Disbursements

If you would like us to act as your agent and pay third-party fees (disbursements) on your behalf, we will be pleased to receive your instructions to do so. We will invoice you for the total cost of the disbursement and manage the payment directly. We do not charge a service fee.

The total cost of the disbursement, including any VAT charged by the third party, will be passed on to you, regardless of your VAT liability on our service fees. We do not add VAT on top of the gross disbursement.

Typical Home Office (UKVI) and Court Fees

Most clients will need to pay Home Office (UKVI) or Court fees.  Clients who apply for entry clearance or permission to stay may also need to pay the Immigration Health Surcharge (IHS). The amount of these fees will vary based on the type of application or appeal and are generally charged per individual applicant or appellant.

For more details on UK Visa Fees and Court Fees, please refer to the following links below:

Home Office (UKVI) Application Fees 2024

Immigration Health Surcharge 2024

Immigration Appeal Fees 2024

Additional Disbursements

Clients sometimes require expert reports to strengthen their immigration applications and appeals. We will be pleased to advise on the appropriate type of report, assist you in finding a qualified expert, instruct the expert on your behalf, and coordinate with them throughout the preparation and revision process. At your request, we can obtain quotes from suitable experts and discuss these with you before proceeding. We will not engage any expert without your express written instructions.

While exact costs vary based on individual requirements, we have set out below an overview of the types of reports we frequently arrange and a typical range of fees paid to third-party experts.

Medical Expert Report: £1,000 – £2,500 depending on complexity and choice of expert
Country Expert Report: £1,000 – £3,000 depending on complexity and choice of expert
Translation: £100 – £500 depending on length of document(s)
Interpretation (remote): £25 – £50 per hour

IMMIGRATION LAW

We undertake work in the following areas:

Chipatiso Services

PERSONAL IMMIGRATION - OUR SERVICES FOR INDIVIDUALS

Our firm provides personal immigration law advice and representation to individuals looking to enter or remain in the UK for work, study or family reasons.

We recognise that every client’s circumstances are unique and provide tailored immigration law solutions designed to meet individual needs.

BUSINESS IMMIGRATION - OUR SERVICES FOR BUSINESSES

We undertake work in the following areas:

Learn More About Visas

BUSINESS IMMIGRATION - OUR SERVICES FOR BUSINESSES

IMMIGRATION APPEALS

White home

FIRST-TIER TRIBUNAL IMMIGRATION APPEAL

What is the First-tier Tribunal (Immigration and Asylum Chamber)?

Right of Appeal to the First-tier Tribunal Against a UK Visa or Immigration Decision

Immigration

Appealable Human Rights Claim And More

Immigration

What Is an Appealable Human Rights Claim?

Applications Submitted From Within the UK

Applications Submitted Outside the UK

What is an Appealable Protection Claim?

Other Appealable Immigration Decisions

Time Limits to Appeal to the First-tier Immigration Tribunal

How to Appeal Against a UK Visa or Immigration Decision

First-tier Tribunal Immigration Appeal Processing Times

How long does it take to get a hearing date for a First-tier Immigration Tribunal hearing?

How long does it take for an Immigration Judge to make a decision?

Urgent Immigration Appeals

Immigration Appeal Fees

How Our Immigration Lawyers Can Help You

UPPER TRIBUNAL IMMIGRATION APPEAL AND MORE

UPPER TRIBUNAL IMMIGRATION APPEAL

Right of Appeal to the Upper Tribunal Against a Decision of the First-tier Tribunal

What is an Error of Law for Grounds of Appeal to the Upper Tribunal?

Time Limits for Appealing to the Upper Tribunal

Application to the Upper Tribunal for Permission to Appeal

FEE AND SERVICES

Upper Tribunal Immigration Appeal Fee

Permission to Appeal to the Upper Tribunal is Granted

What will happen if I win my immigration appeal?

What will happen if I lose my immigration appeal?

If Permission to Appeal to the Upper Tribunal is Refused

Years of experience

How Our Immigration Lawyers

UK VISA ADMINISTRATIVE REVIEW

UK VISA ADMINISTRATIVE REVIEW

What Is a Case Working Error?

IMMIGRATION JUDICIAL REVIEW

What is Immigration Judicial Review?

Fees

The following court fees are payable by the claimant in an immigration judicial review claim:

What Happens if My Claim Is Successful?

Chipatiso

How Our Immigration Lawyers Can Help

OUR SERVICES

OUR FEES

Schedule a free case evaluation. Or call us at 07429320431

Solicitors

About

contact us

keep in touch

Applications Submitted From Within the UK 

Right of Appeal to the Upper Tribunal Against a Decision of the First-tier Tribunal 

Time Limits for Appealing to the Upper Tribunal 