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If you have applied for entry clearance of further leave to remain in the UK before the expiry of your current leave, you may be allowed to appeal if your application is refused. All appeals now have to be sent to the UK and you can no longer send your appeal to the British Embassy where you applied for your visa. You should be given an appeal form if your application is refused and this will have details of where to send your form. You can also appeal online, please click here for more details.
You may also have to pay a fee for your appeal. The current fees are £140 for an oral hearing where you or your sponsor are asked to atend in person to give evidence. The fee for a paper hearing is £80 but you will not be able to attend and a Judge will make a decision based on the documents before him/her. It is recommended that you chose an oral hearing if you have a sponsor or a representative in the UK. Immigration Advice Centre are able to repsent you at your hearing even if you do not have a sponsor in the UK.
There are strict deadlines for submitting your appeal and you should ensure that it reaches the First Tier Tribunal, Immigration and Asylum Chamber before the deadline expires.
The current deadlines are:
If you are in the United Kingdom:
Your appeal form must reach the tribunal:
if you are in detention - within 5 working days from the day you received the notice of decision; or
if you are not in detention - within 10 working days from the day you received the notice of decision
You will receive the notice of decision by post two days after the date the decision is made.
If you are outside the United Kingdom:
Your appeal form must reach the tribunal within 28 calendar days from the day you received the notice of decision.
You should receive your notice of decision within 28 calendar days of the Home Office/UKBA decision being made.
If your appeal does not reach the tribunal by the required date, you must explain why you were not able to submit it in time. The reasons will then be assessed to decide whether there are special circumstances that allow your appeal to proceed.
Your appeal form should set out all the reasons why you disagree with the decison taken by the Entry Clearance Officer/UKBA. You should also include any other reasons why you think you should be entitled toenter or remain in the UK. You may be prevented from raising any new reasons (grounds) at your hearing if you failed to mention them in the Notice of Appeal.
Once your appeal is accepted you will then be given a date for a hearing. At the hearing you will be expected to give evidence in a court about your application. You will be entitled to call witnesses and present any documents you would like the court to consider. You may be asked questions from the Immigration Judge and the represetnative from the UKBA.
You will not normally be given a decision on the day. Your decision will be posted to you. A copy of the decision will be posted to the UKBA also.
Immigration appeals are complex and appellants can benefit from being legally represented. If you require advice or assistance with an appeal please contact us now on 01642 219222 or email us.
Immigration Advice Centre Ltd
1st Floor, Rear Suite
96-98 Borough Road
Tel: +44 (0)1642 219222
Fax: +44 (0)1642 203828