Your Challenge Routes — Which Applies to You
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.
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.
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.
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.
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
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.