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IN-COUNTRY IMMIGRATION APPEAL AGAINST THE REFUSAL OF AN APPLICATION BY THE HOME OFFICE

An individual who has been given a right of appeal against the refusal of their application can challenge by way of an appeal to the First-tier Tribunal (Immigration and Asylum Chamber) the Home Office’s (UKVI) decisions to refuse the application for stay in the UK. From the date after the notice of decision was sent by the Home Office, UKVI, the appeal to First-tier Tribunal needs to be filed within 14 days from that date.

There could be an option to challenge the refusal by way of Judicial Review in the Upper Tribunal if the applicant has not been granted the right of appeal against the refusal of his or her application. Although a different alternative would be the submission of a fresh application to the Home Office.

If your case is refused, you will be issued with a letter which confirms the reasons for the refusal and what right of appeal, if any, the decision attracts. With this letter, you should be able to ascertain if the decision maker has made an error in the findings made, or whether they have raised genuine flaws in your application that need attention.

There are some in country cases that attract an automatic statutory right of appeal if you have submitted your application prior to the expiration of leave, switching from a qualifying immigration category. For example Spouse visa, Unmarried Partner Visa, Same Sex Partner visas are able to appeal against a decision from inside the UK if they had leave that had been valid for at least 6 months and does not prohibit them from switching to the visa applied for. There are other visa categories that attract a right of appeal. If you are unsure if your case attracts a right to appeal, you should contact our offices for a free assessment.

If your appeal attracts a statutory right of appeal, you will need to specify what the error made is, referring to statute and where necessary, case law. Drafting grounds of appeal forms part of your case which will be viewed by an immigration judge. For this reason it is important that the drafting of grounds of appeal is done correctly and using good legal sense, depending on the approach intended by your lawyer.

If you submit your appeal within the 14 day period, the Tribunal will list your case for an appeal where an independent immigration judge will consider your appeal. The Home Office suggest that they actively review cases before they go ahead to an appeal if resources permit. As the Home Office are underfunded, resources may not often permit but it is nevertheless good practice to prepare a strong enough appeal to address the issues raised in your refusal in case a review is undertaken.

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I am glad that i instructed Reiss Edwards on my visa matter.

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I have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed.

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Fantastic Solicitors!!!

My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.

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The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
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I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question.

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I contacted Reiss Edwards to help me with my wife’s UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.

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I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.

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Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them.

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I used Reiss Edwards’ immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.

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It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service.

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They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.

Kind regards
Nancy Jacquard


 
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