Challenging an ILR or Settlement Refusal
A refusal of an ILR or Settlement visa can be devastating, but in many cases there is recourse through the appeals process. If the Home Office denies your application, you may have the right to appeal to the Immigration and Asylum Chamber of the First-tier Tribunal. An appeal gives you a chance to present your case to an independent judge, argue that the Home Office made errors, and potentially overturn the refusal. In situations where there is no statutory right of appeal, you may be able to seek an administrative review or judicial review.
Your Right to Appeal
The right to appeal depends on the type of visa and the reasons for refusal. Appeals are typically available for refusals involving human rights or EU-related claims. Where an appeal is allowed, you must generally apply within 14 or 28 days from the refusal notice.
Human Rights Claims
Appeals are often available if your refusal impacts your right to private and family life under Article 8.
EU-Related Claims
Refusals under the EU Settlement Scheme often carry a right of appeal to the tribunal.
Strong Evidence
Good preparation and a strong bundle of evidence are crucial to show the Home Office's decision was wrong.
Application Process & Challenges
To appeal, you or your solicitor will complete the tribunal appeal form and attach all relevant documents. You can then attend a hearing or submit written arguments. Common pitfalls include missing the strict appeal deadline, presenting insufficient evidence, or failing to clearly articulate the errors in the Home Office decision. A successful appeal might result in the judge overturning the refusal and ordering the grant of ILR.
Why Choose Lexington Ashworth Solicitors?
We have extensive experience acting on appeals for ILR and settlement visas. Our solicitors will assess your right to appeal and help you prepare the strongest possible case. We identify all legal grounds, gather supporting evidence, and draft compelling arguments tailored to tribunal practice. As recognised immigration specialists, we treat each appeal as a high priority, providing honest, realistic advice and diligent work on your behalf. We know what evidence and arguments are persuasive to judges and have a proven track record of success.
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