Appeal Against a Visa Decision in UK – Step-by-Step Guide
What to Do If Your UK Visa Is Refused
If your UK visa or immigration application has been refused, you may have the right to appeal against a visa decision. The appeal process allows you to challenge the Home Office’s refusal, but not all visa types come with an appeal right.
If you do have appeal rights, your case will go to the First-tier Tribunal (Immigration and Asylum Chamber), where a judge will review the evidence and decide whether to overturn the decision.
Who Can Appeal Against a Visa Decision?
You can only appeal against a visa decision in specific cases. Generally, an appeal is allowed if the refusal affects:
✅ Human rights claims (e.g., family visa refusals based on Article 8 – Right to Family Life)
✅ Asylum or humanitarian protection applications
✅ EU Settlement Scheme decisions
✅ British citizenship revocation
✅ Decisions on residence documents under the European Economic Area (EEA) Regulations
✅ Travel or family permits under the EU Settlement Scheme
✅ Frontier worker permits
If your visa does not fall into these categories, you may have other options, such as:
🔹 Administrative review – If the refusal was based on an incorrect application of the immigration rules, you can ask for a review of the decision.
🔹 Judicial review – If you believe the refusal was unlawful, you may apply for a judicial review.
How to Appeal Against a Visa Decision
If you have the right to appeal, you must submit your case within strict deadlines.
- If you are in the UK, you have 14 days from the date of the refusal letter.
- If you are outside the UK, you have 28 days to submit an appeal.
- If you were removed or deported from the UK, you have 28 days from the date you left.
If you miss the deadline, you must explain why. The tribunal may still allow your appeal if you have valid reasons, such as medical emergencies.
Step 1: Check Your Appeal Rights
Your refusal letter will state whether you can appeal. Read it carefully to understand the reason for refusal and whether you have an alternative option, such as an administrative review.
Step 2: Submit Your Appeal Online or by Post
There are two ways to appeal:
1️⃣ Online Appeal (Recommended)
- You can appeal through the MyHMCTS portal (for legal representatives) or the official UK Government service.
- This method is faster and allows you to track your case.
2️⃣ Paper Appeal
- If you are in detention, you can submit your appeal using form IAFT-5 by post, fax, or email.
Step 3: Pay the Appeal Fee
There are two types of appeal fees:
- £80 – Decision based on documents only
- £140 – Oral hearing (where you or your lawyer can argue your case)
💡 Fee Exemptions: You may not have to pay if you receive legal aid, asylum support, or other financial assistance.
Step 4: Prepare Your Evidence
To increase your chances of success, gather strong evidence, including:
📌 Your refusal letter from the Home Office
📌 A detailed personal statement explaining why the decision should be overturned
📌 Supporting documents (e.g., proof of income, relationship evidence, medical records)
📌 Legal arguments (if applicable)
If you are appealing based on human rights, include documents that show how the refusal affects your family life, private life, or well-being.
Step 5: Attend the Tribunal Hearing (If Applicable)
🔹 Oral Hearing: You can present your case before a judge, either in person or via video link. Your lawyer or representative can also speak on your behalf.
🔹 Paper Hearing: If you choose a paper-based appeal, the judge will decide based on written evidence alone.
During the hearing, the judge will listen to both sides – your arguments and the Home Office’s response – before making a decision.
What Happens After the Appeal?
After reviewing your case, the tribunal will issue one of the following outcomes:
✔ Appeal Allowed – The judge overturns the refusal, and the Home Office must reconsider your application.
✖ Appeal Dismissed – The original refusal stands.
💡 Next Steps If You Lose Your Appeal:
- You may be able to appeal to the Upper Tribunal if there was a legal error.
- Alternatively, you could submit a new visa application with stronger evidence.
Legal Support for Your Appeal
The appeal process can be complex, so seeking professional legal advice is highly recommended. You can get help from:
🔹 An immigration solicitor
🔹 A regulated immigration adviser
🔹 Citizens Advice or legal aid services
If you plan to represent yourself, make sure to read the UK Government’s tribunal guidance for self-represented applicants.
If your UK visa has been refused, you may have the right to appeal. Act quickly to meet the deadlines, gather strong evidence, and seek legal support if needed. Winning an appeal can be challenging, but with the right approach, you improve your chances of overturning a refusal.
For official appeal guidance, visit the UK Government website.
Source / Ref.: Gov.uk Contains public sector information licensed under OGL v3.0.
