Legal representation in immigration appeals
We offer legal representation for appellants in immigration matters
If you have been wrongly refused a visa or an application for permission to remain in the UK, you may have the right to appeal the decision or to request an administrative review. Where there is no right of appeal and no option to apply for an administrative review, or where neither option offers an adequate remedy, you may consider applying for Judicial Review.
Whether you are in the UK or abroad, Kadmos Immigration can represent you in the proceedings. Acting as your representatives, we will liaise with the court and the Home Office on your behalf and will take care of all legal submissions and preparation of evidence.
Our aim is to maximise your confidence in a positive outcome in the shortest possible time in a cost-effective way.
How we help to challenge immigration refusals
We will review the refusal letter and the reasons for refusal and your comments on it. We may also ask you to share the application and supporting documents and any representations sent to the Home Office explaining your case.
We will advise you on the best approach and strategy to challenge the decision.
Sometimes a quicker and cheaper solution is to make a fresh application – but this decision has to be taken very carefully, as at this point you cannot afford to make a mistake.
- If we recommend appealing the decision we will advise you what your chances of success depend on and how we propose making your case strong.
We usually recommend going for a hearing rather than for a paper appeal. This is because it is always preferable to be able to speak to the judge and address any issues they may have. Also, it is a valuable opportunity for you to give evidence.
- Once the appeal is filed, the tribunal will notify the Home Office. We should then receive the Home Office bundle and tribunal directions for the next steps. We will correspond with the tribunal and the Home Office on your behalf with utmost attention to deadlines and practice direction.
- Our work includes drafting legal representations, preparing and filing the appellant’s bundle of documents, witness statements, and, if necessary, expert evidence and legal representations. We also instruct counsel to represent you in court.
- On receipt of the Home Office bundle, the tribunal directs us to provide the appellant’s bundle of supporting documents, witness statements and a skeleton argument in support of the appeal. All these documents are then passed to the Home Office for review. Sometimes, the Home Office withdraws their decision, sometimes they decide to proceed to a hearing.
- At the hearing you will be represented by a barrister who will put your case to the judge and will summarise all the evidence and legal basis for your appeal and will address any concerns the judge may have. The barrister will formally invite the court to allow your appeal.
- We are proud to boast over 95% success rate in our immigration appeals.
Check if we are the right legal representatives for you
If you have received a refusal and:
- Want an honest and thorough assessment of your chances of successfully challenging the decision
- Want to review your immigration strategy and make sure you achieve your aims in the shortest possible time
- Need legal representative to guide you through the process and ensure your case is prepared with utmost care
- Looking to maximise your chances of success
What we promise:
- Offer you the choice of options and help you make an informed decision on the best immigration strategy
- Clear professional advice on the strengths and weaknesses of your case
- Accessibility – you can contact us by email or on the telephone, we are always within reach
- Thorough preparation
- Best legal representation on papers and in court
- Excellent team work to maximise your chances of success
Cost of legal representation
We charge a fixed consultation fee £360.
The cost of legal representation will depend on the time required to prepare your case.
Some of the factors reflecting on the cost of our work:
- Legal complexity of the appeal
- Number of witnesses and whether we need an interpreter for the witnesses
- The volume of documentary evidence
- Any issues requiring expert evidence
Where possible we try to give you a set quote before taking instructions, but sometimes new issues arise during the preparation of appeal.
Possible additional costs:
- Translation and interpreting
- Expert witnesses
What you need to know if your application has been refused
Not every decision can be appealed
The right of appeal is available in a very limited number of applications, such as applications by a spouse or partner of a British citizen, by an EU nationals or their family members applying under Appendix EU, a parent of a British child or an adult dependent relative or if you have applied for indefinite leave to remain on the basis of long residence.
You can appeal refusal of an asylum or Human Rights claim.
Appeal is not available in the context of any work-related visa refusals, or subsequent applications for indefinite leave to remain.
Appeal and administrative review deadlines
Inside the UK: 14 calendar days from the date you received the refusal
Outside the UK: 28 calendar days after you received the refusal
These deadlines are strict. If you are outside the deadline, you can make an application for an out of time appeal. These requests are rarely granted, unless there are compelling compassionate circumstances.
How much an immigration appeal or an administrative review cost
Administrative review costs £80.
Immigration appeal on papers costs £80. Immigration appeal in person costs £140.
If your appeal or administrative review is successful, the fee should be refunded.
Who decides immigration appeals
An immigration appeal is decided by an Immigration Tribunal which is an independent judicial body. Immigration tribunal is not part of the Home Office.
The appeal is decided by an Immigration Judge. The Appeal hearing may be on papers or in person, that is in the presence of both parties, witnesses and legal representatives of the appellant. An in-person hearing may be by a video link or in a court room.
What is administrative review and who makes the decision
Administrative review is made by the Home Office.
The procedure is reserved to correct mistakes made by the Home Office. For example, if the Home Office overlooked some of the evidence you sent them, didn’t follow their own guidance or applied the wrong rule. Administrative review means that they look at the decision again.
Unfortunately, you cannot use administrative review to correct your own mistakes, such as forgetting to send the required evidence or giving an incorrect answer in your application form.
How long an immigration appeal takes
An immigration appeal takes months and may take well over a year. If you are in the UK while the appeal is pending, your last visa is automatically extended through the entire process, however long it takes. This is if you made your application in time and your visa was still valid when you applied to extend it or vary it.
How long an administrative review takes
Unfortunately, administrative reviews take such a long time that they become virtually a jest on the system. According to gov.uk, it can take 12 months or more to receive the result of the administrative review, whether you are applying from the UK or from outside the UK.
If you are in the UK, you don’t have to leave the country while administrative review is pending.
What can I do while my appeal or administrative review is pending
If you are in the UK, you continue to have the same permissions as you had with your last visa. For example, if you were a student making a variation application for a partner visa, you will continue to have the right to work as you had it while you were a student. However, you may not be able to take up a new course or step up to a higher level of studies, as this would require a new visa.
Unless you are an EU national challenging a decision made under Appendix EU, you cannot leave the UK while your appeal is pending. If you do, your appeal will be considered withdrawn.
Can I make another application while the appeal or admin review is pending
If you make a fresh application while your appeal or administrative review is pending, it will be considered withdrawn the day before you made the application.
Sometimes it is in your best interests to take this step, but you shouldn’t do so without legal advice at this stage as you may cause irreparable damage.
What are the next steps if an appeal is refused
If your appeal is dismissed you may be able to challenge the decision of the First-tier tribunal in the Upper Tribunal. Such appeals are limited to an error of law by the judge or procedural unfairness.
The appeal to the Upper Tribunal has a number of stages:
- Application for permission to appeal (on papers) within 14 days receipt of the decision of the First-tier tribunal, or within 28 days if the appellant is outside the UK. The application is made on papers.
- If permission is granted, there will be an initial hearing before an Upper Tribunal judge. This hearing is to determine if the First-tier tribunal made an error of law or procedural unfairness which makes the decision “unsafe”.
- With a positive outcome of the initial hearing, there will be a substantive hearing where the Upper Tribunal judge will either substitute the decision of the First-tier tribunal judge with their own decision or will remit the case back to the First-tier tribunal to be decided by another immigration judge.
- If the case is remitted back to the First-tier tribunal, the new Immigration Judge will decide the case afresh with any guidance that could have come from the Upper Tribunal judge.
What happens if the appeal is successful
You should be aware that an immigration tribunal cannot grant you a visa.
If an immigration tribunal allows your appeal, the Home Office has to make a fresh decision on your application and grant you permission.
This may take the Home Office some months during which you continue to have your valid permission to remain in the UK in the same category as previously.
The difference between having an appeal pending and appeal allowed is that you can ask the Home Office to vary your application after the appeal has been allowed but before a new decision by the Home Office is made.
For example, if you appealed against a refusal of a spouse visa extension and the appeal took such a long time that you are now entitled to indefinite leave to remain, you may ask the Home Office to vary your application accordingly.
As legal representatives, we take care of such variation application to help our clients with saving the costs and achieving the aims at the shortest possible time.
If you are worried about an immigration refusal, we are the right people to get in touch with
What our clients say about us
“The Kadmos team goes above and beyond for their clients, which was quite comforting when the Home Office pressure started making me frazzled. We were extremely well represented, and it showed.”
“I would like to thank you for your fantastic and kind work in overturning the decision on Mr Muhammed’s visa. We thought this wouldn’t be possible; we are quite astonished and very happy.”
“I found the whole team professional, knowledgeable and empathetic. I felt that my appeal case could not have been better prepared, in fact I do believe the team had planned for every potential argument.”
