Appeal against a visa or immigration decision Appeal from outside the UK

You can only appeal to the tribunal if you have the legal right to appeal – you’ll usually be told if you do in your decision letter.

If you’ve been refused a tier 1, 2, 4 or 5 visa you will be able to ask for the decision to be reviewed at an administrative review – your refusal letter will usually tell you if you can.

The administrative review process is different if you applied for the EU Settlement Scheme, a Frontier Worker permit, or an S2 Healthcare Visitor visa.

How to appeal

How you appeal depends on whether you’re applying for yourself or if you’re a legal professional appealing on behalf of a client.

If you’re a solicitor or an immigration adviser

For most cases, you must appeal online using the MyHMCTS service. You’ll need to create an account first if you do not have one.

You must only appeal using a paper form if your client is in detention.

If you’re appealing for yourself without a solicitor or immigration adviser

You have 28 days to appeal after you get your decision. If you have to leave the country before you’re allowed to appeal, you have 28 days to appeal once you’ve left the country.

If you apply after the deadline, you must explain why – the tribunal will decide if it can still hear your appeal.

You can appeal later if your administrative review was unsuccessful for a EU Settlement Scheme, frontier worker or S2 healthcare visitor application. Your administrative review decision will tell you how to appeal.

Apply online if you can – online appeals are quicker than post or fax appeals.

Appeal an immigration or asylum decision online

If you’re appealing for yourself, use the online service to:

• submit an appeal
• add documents in support of your application
• ask for a hearing
• get a decision on your appeal

You’ll need to create an account. You’ll also need:

• your Home Office reference number – you can find this on your decision letter
• any documents that will support your application
• an email address or mobile phone number

CLICK HERE TO MAKE AN APPEAL APPLICATION ONLINE

Sign in to the service if you’ve already started your appeal.

If you cannot use this service

You can either:

• apply using a different online service
• apply by post, fax or email

To apply by post, fax or email, use one of the following forms. Send the relevant form with copies of the documents that support your application.

Use form IAFT-5 to appeal a decision about any of the following:

• deporting you under the Immigration (European Economic Area) Regulations 2016
• refusing your permit, revoking your permit or deporting you if you’re a frontier worker
• refusing your leave, revoking your leave or deporting you if you’re on an S2 Healthcare Visitor visa

Use form IAFT-6 to appeal a decision about any of the following:

• refusing a human rights claim for entry clearance
• deporting you, refusing or revoking your status, or varying the length or condition of your stay under the EU Settlement Scheme
• refusing or revoking your family permit or travel permit under the EU Settlement Scheme

Use form IAFT-7 to appeal a decision to refuse a human rights claim or protection claim, where you’ve been told you can only appeal after you’ve left the country.

There’s a different way to appeal if you made your application before 6 April 2015.

Ask for an oral hearing

You can ask on your appeal form for a decision to be made either:

• just on the information in your appeal form and any documents supplied to the tribunal
• at a hearing that your representatives can attend

The tribunal can decide to have a hearing even if you do not ask for one. You’ll be told if this is the case.

If the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and documents.

Hearings are carried out in public. You can ask for it to be held in private or to attend by video link, but you must have a reason, for example a public hearing would put you in danger.

You can ask for a male or female judge if you think there are issues in your appeal that make it appropriate. The tribunal will decide if it can do this.

Special requirements

Contact the Customer Enquiry Unit before your hearing if any special help is needed, for example someone attending on your behalf needs wheelchair access.

Customer Enquiry Unit
Telephone: +44 (0)300 123 1711
Monday to Friday, 8.30am to 5pm
Find out about call charges

Fees

It costs:

• £80 without a hearing
• £140 with a hearing

You may not have to pay if you get legal aid.

Read the tribunal fees guidance for more information.

Contact the tribunal if you’re not sure if you have to pay a fee.

First-tier Tribunal (Immigration and Asylum Chamber) customer.service@justice.gov.uk
Telephone: +44 (0)300 123 1711
Find out about call charges

How to pay

You can pay your fee with a credit or debit card when you make your appeal online or by including your details on your appeal form.

If you’ve already made your appeal you can also pay your fee online.

If your EU Settlement Scheme, frontier worker or S2 healthcare visitor application is unsuccessful

If you have new evidence to submit, you can:

• apply for the EU Settlement Scheme
• apply for a Frontier Worker permit
• apply for a S2 Healthcare Visitor visa

It’s free to apply.

Or you can ask the Home Office for an administrative review. This costs £80. You’ll usually get a decision within 28 days. Your decision letter will tell you if you can apply.

You can appeal to the First-tier Tribunal (Immigration and Asylum Chamber). This costs £80 without a hearing and £140 with a hearing.

You can only appeal a decision if you made your application after:

• 11pm on 31 January 2020, for the EU Settlement Scheme
• 10 December 2020, for a Frontier Worker permit
• 11pm on 31 December 2020, for a S2 Healthcare Visitor visa

Some Useful links

Totam elit laboris? Eu donec consectetuer litora adipisci praesent convallis augue

Tags Cloud

Asylum Business Home Office Preparing Stories UKVI Visa World