Has your spouse visa been refused?
We can help you.
We know. Getting any visa refusal is devastating, but it is so much worse when it is your spouse visa that is refused, denying you permission to live in the UK with your partner. So go ahead, scream, shout, cry. And then – let’s see what we can do about it.
There are strict time limits to appeal
There are very tight deadlines to lodge an appeal –14 days from the date the decision was sent if you are in the UK, and 28 days if you are overseas. This means that it is essential that you get legal advice as soon as you can.
Lodging the appeal
An appeal can be lodged online, or by post using the correct appeal form. All appeals, even if you are overseas, are lodged and heard in the UK, at the First-tier Tribunal (Immigration and Asylum Chamber), generally shorted to the IAC, where the matter will be decided by an independent Immigration Judge.Your appeal will generally be logged onto the system quicker if you submit it online.You will get an appeal number once it has been logged.
You have to submit ‘grounds of appeal’ at the same time – that is, the reasons why you are saying that the refusal of your visa was wrong. There are limited legal reasons that are acceptable as grounds of appeal, and not identifying the correct ones could result in your appeal not being accepted.
Always ask for an oral hearing
Appeals can be decided ‘on the papers’ – that is, on the basis of written arguments and evidence that you and the Home Office put forward – or at an oral hearing, when you will be able to put forward your case (unless you are not in the UK) and your representative will be able to make legal arguments on your behalf (this can be done even if you aren’t in the UK).
You should always ask for an oral hearing – it gives the Immigration Judge the chance to see you (or your sponsor, if you aren’t in the UK) as a human being, as part of a couple and a family – if you ask for the decision to be made on the papers it is easier for the Immigration Judge to think of you as just another case number. Oral hearings have a much greater chance of success than decisions made by an Immigration Judge just reading the paperwork.
Preparation is key to a successful appeal
The appeal is your opportunity to try and get the decision to refuse your visa overturned. It is important, therefore, that your case is put forward as comprehensively and clearly as possible, while still keeping it concise – the Immigration Judge doesn’t want to have to hunt through hundreds of papers, they want to be able to see exactly what your case is and how you meet the requirements of the law, and why they should allow your appeal.
Three reasons why you should use an immigration lawyer
This appeal is your only chance to put forward evidence to support your case, and there are strict rules on what evidence is admissible - that is, permitted. Immigration lawyers are fully aware of what evidence is likely to influence an Immigration Judge in your favour and what evidence they will ignore.
There are ongoing developments in human rights law, so that the standards against which your case is judged could change over the course of the appeal process. Immigration lawyers are fully aware of all current caselaw and how this could influence your case.
A well prepared case is essential to winning an appeal – the easier it is for the Immigration Judge to understand the issues and to see how you meet all the legal requirements, the better the chance that your appeal will be allowed. Immigration lawyers know the language of the courts, and how to prepare and present a case in the best possible way.
Appeals are complicated legal matters.
Give yourself the best chance of success by instructing us to act for you.
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