Visa Refusals & Appeals

Visa Refusal Solicitors — Challenging Home Office Decisions

A Home Office refusal is not always final. Depending on the type of decision, you may have the right to administrative review, an appeal to the First-tier Tribunal (Immigration and Asylum Chamber), or judicial review in the Upper Tribunal. The right route and strict time limits depend on the type of visa and the grounds of refusal. A specialist solicitor reviews the refusal letter, identifies the errors, and prepares the strongest possible challenge.

14-day deadline for in-country AR 28-day deadline for FTT appeal Judicial review of unlawful decisions All visa types covered
⚠️ Received a refusal decision? Time limits are counted from the date of the decision — not when you receive it. An in-country administrative review must be applied for within 14 days. An appeal to the First-tier Tribunal must be lodged within 14–28 days. Missing the deadline ends your right of challenge in-country. Act immediately.

Your Challenge Routes — Which Applies to You

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Administrative review (AR)
Available for most refusals of in-country applications and some entry clearance refusals. Challenges a caseworking error — where the Home Office failed to apply the rules correctly to the facts of your case. Must be applied for within 14 days (in-country) or 28 days (entry clearance). The Home Office re-examines the decision; the grounds are limited to caseworking errors.
⚖️
First-tier Tribunal appeal (IAC)
Available where the refusal engages human rights (Article 8 ECHR), asylum, EU Settlement Scheme, or certain EEA decisions. The Tribunal rehears the application on the merits — a judge considers new evidence. Deadline: 14 days (in-country) or 28 days (out of country). A solicitor prepares a full evidence bundle and legal submissions.
🏛️
Upper Tribunal (Immigration and Asylum Chamber)
Appeals from the First-tier Tribunal on points of law. Permission required. The Upper Tribunal does not rehear the case — it considers whether the FTT made a legal error. A solicitor identifies the specific legal error and drafts grounds of appeal.
🔍
Judicial review
Challenges unlawful Home Office decisions not subject to a statutory appeal right — such as decisions to remove, to certify a claim as clearly unfounded, or to refuse to reconsider a decision. Heard in the Upper Tribunal (UTIAC) for most immigration JRs. Pre-action protocol letter required before issue. Strict 3-month time limit from the date of the decision.
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Fresh application
In some cases, the most pragmatic response to a refusal is a new application addressing the reasons for refusal directly. A solicitor advises whether a fresh application or a challenge is more likely to succeed, based on the specific reasons for refusal.

Common Reasons for Refusal — and How They Are Addressed

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Financial requirement — incorrect calculation of income, missing payslips, wrong period of evidence, or failure to include the correct categories of income. A solicitor identifies the caseworking error and submits the correct calculation.
🗣️
English language — UKVI-unapproved test centre, wrong level of test, or expired test result (results are valid for 2 years). A solicitor advises on re-taking the test and reapplying, or challenging the refusal if the test was valid.
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Genuine relationship — the Home Office doubts the relationship is genuine and subsisting. An appeal to the FTT allows new evidence to be submitted and the parties can give oral evidence before a judge.
⚠️
Suitability / criminality — a previous conviction, immigration breach, or false representation can result in a mandatory or discretionary refusal. A solicitor advises on whether the refusal was correct and whether an appeal on human rights grounds is available.
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Article 8 ECHR — private and family life — where a refusal would interfere disproportionately with established private and family life in the UK, an appeal to the FTT on human rights grounds can succeed even if the Immigration Rules requirements are not met.

Section 3C Leave — Staying Lawfully While You Challenge

If you applied to extend or switch your leave before your current leave expired, section 3C of the Immigration Act 1971 extends your existing leave automatically while:

  • The application is being decided by the Home Office
  • An administrative review is pending
  • An appeal to the First-tier Tribunal is pending
  • An appeal to the Upper Tribunal is pending

Section 3C leave ends when the last appeal right is exhausted or abandoned. You are not required to leave the UK while you have section 3C leave, and your existing right to work continues. A solicitor confirms whether you have section 3C leave and advises on maintaining it throughout the challenge process.

Frequently Asked Questions

What is the difference between administrative review and an appeal?

An administrative review (AR) is a re-examination of a Home Office decision by a different Home Office caseworker. It is limited to identifying caseworking errors — the reviewer checks whether the original caseworker applied the rules correctly to the facts. An AR cannot accept new evidence (with limited exceptions). An appeal to the First-tier Tribunal is a fresh hearing before an independent judge — new evidence can be submitted, and witnesses can give oral evidence. Appeals take longer but are more thorough and appropriate for complex or human rights cases.

Can I remain in the UK while my appeal is pending?

If you have section 3C leave (because you applied in-country before your leave expired), your leave continues while an appeal is pending. If you had no leave when you applied (overstayer), you have no right to remain pending the appeal unless the Tribunal grants a stay. A solicitor advises on your specific status and whether you have section 3C leave.

Can I submit new evidence on an appeal?

Yes. One of the main advantages of an appeal to the First-tier Tribunal over an administrative review is that new evidence can be submitted. The Tribunal considers the facts as they stand at the date of the hearing — not the date of the original decision. This is particularly important for human rights appeals where circumstances have changed since the refusal.

What happens if my appeal is dismissed?

If the First-tier Tribunal dismisses the appeal, you can apply for permission to appeal to the Upper Tribunal on a point of law. If the Upper Tribunal refuses permission, you may apply to the Court of Appeal. In some cases, judicial review of the Upper Tribunal's decision is available. A solicitor reviews the FTT decision, identifies any legal error, and advises on whether further appeal is viable.

Is legal aid available for immigration appeals?

Legal aid is available for asylum and human rights appeals (Article 3, Article 8 ECHR) where the client passes a means test and the case has sufficient merit. Legal aid is not available for most other immigration appeals (points-based system, family visa appeals). A solicitor assesses whether your case qualifies for legal aid and, if not, advises on private fee options.

How It Works

One clear request. A visa appeals solicitor contacts you.

Time limits are strict and the right challenge route depends on the type of decision. A specialist solicitor reviews your refusal letter immediately and advises on the best path forward.

Submit Your Request
1

Tell us your refusal

Describe the type of visa refused, the reasons given, and the date of the decision.

2

Matched to a specialist

We connect you with an immigration solicitor experienced in your type of challenge.

3

Challenge prepared

Your solicitor identifies the errors, lodges the challenge in time, and prepares the strongest case.

Act Within the Time Limit

Visa refused? Challenge it within 14–28 days — or lose the right to appeal.

A specialist immigration solicitor reviews your refusal, advises on the right challenge route, and prepares the evidence to give you the strongest chance of success.

Submit Your Request

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