When can you Appeal? 

Aspirants can file an appeal to the bench if they've been given a legal right to appeal – this is mentioned in the Notice of Refusal entered by the aspirants. 

• Appeal rights are generally granted for turndown of operations by the British High Commission Post or Home Office in the following orders 
• Turndown of Leave to Remain, extend leave and variations ( i.e. Curtailment) of leave in the UK as Fiancée, Partner, Dependent Children, Civil Partner, Unmarried Partner, or as a Dependent. 
• Turndown of Entry Clearance under Fiancée visa, Partner visa, Dependent Children visa, Elderly Dependent visa, Adult Dependent visa, Civil Partner visa, Unattached Partner visa, Family caller visa etc. 
• Decision to Deport someone formerly in the UK. 
• Decision to ask person to leave the country from the field. 
• Turndown to allow someone shelter in the UK.

You can appeal against the following opinions from outside the UK 

• A decision to refuse a Mortal Rights Claim for Entry Clearance. 
• A Human Rights or protection turndown (where you can only apply after you ’ve left the country) 
• A decision by the Home Office to deport you as a European Economic Area (EEA) National. 
• Your operation for an EEA family permit as a family member of an EEA National was refused by the Home Office under the EEA Regulations. 
• Certain opinions about operations submitted before 06 April 2015.

You can appeal against the following opinions from within the UK 

• Your mortal rights or protection claim has been refused while you ’re in the UK 
• A decision made under the European Economic Area (EEA) Regulations,e.g. the Home Office has refused to issue you a hearthstone document 
• A decision by the Home Office to deport you (as an EEA National) 
• A decision where you ’ve been detained and your decision letter was transferred by the Detained Shelter Casework platoon at the Home Office 
• A decision to remove your UK citizenship 
• A decision to take down your protection status 
• Certain opinions about operations submitted before 6 April 2015

UK Visa Appeals – Timelines 

Still, also you can appeal to the First-Tier Tribunal within 28 days of the damage of the notice of turndown from the Entry Clearance Officer (ECO), If you're outside the UK and your operation for entry concurrence (UK visa) is refused by the Entry Clearance Officer (ECO) and you have been given appeal rights. This is generally known as an entry concurrence appeal. 

For operations that are made in country (within the UK) aspirants can file appeal to the First-Tier Tribunal against the turndown of similar operation within 14 days after the date the turndown letter was entered by the aspirant. 

At The SmartMove2UK, our UK Immigration experts deal with a wide range of prayers that include prayers against turndown of entry concurrence, leave to enter, leave to remain and the curtailment of leave. 

The areas of work that we deal with include visas for scholars, mates, consorts, work permit holders, fiancés and callers. We've great experience in dealing with complicated matters and advising guests directly. 

Our UK Immigration experts can manage UK visa turndown appeal cases in all areas including immigration prayers against a turndown of 

• entry concurrence 
• leave to enter 
• leave to remain

The appeal process has two corridor 

• Form of Grounds of Appeal 
• Hearing of the Appeal 

Executive Review 

The executive review process exists for unprofitable visa aspirants under the points- grounded system. However, they don't have a full right of appeal, If the operation for a visa under the points grounded system is refused for aspirants outside the UK. 

Still, all aspirants can apply for an executive review, which is a medium for reviewing turndown opinions. 

An executive review can be filed if the aspirant thinks that the assessing authority has made an error in refusing the visa operation under the points- grounded system. The review will look at whether the claimed points were rightly assessed by the entry concurrence officer. 

Judicial Review 

The Upper Tribunal (Immigration and Asylum Chamber) is responsible for the judicial review of certain opinions made by the Secretary of State for the Home Department, entry concurrence officers and others, under immigration legislation. 

Where the Home Office (UKVI) has refused an operation for entry concurrence or leave to remain and haven't granted a right of appeal against the turndown of the operation, such a turndown can be challenged by way of Judicial Review (JR) within 90 days from the date of the turndown letter. 

 Per Civil Procedure Rules, a Pre-Action Protocol (PAP) notice must be transferred to the Home Office (UKVI), giving them at least 14 days to review their decision and change their decision considering the information/ talkie substantiation given through the Pre-Action Protocol letter. The main end of the PAP is to avoid gratuitous action. 

It's possible that because of the Pre-Action Protocol letter, the Home Office (UKVI) may review their decision to refuse the operation and either maintain the turndown or grant the visa. 

Still, aspirants can make an operation to the Upper Tribunal for authorization to apply for Judicial Review, If the decision to refuse is maintained or the Home Office doesn't respond to the Pre-Action Protocol letter within the quested time. 

Such an operation is made on papers; the court will refuse and grant authorization on papers without a court hail. 

At SmartMove2UK, The UK Immigration experts have knowledge of the UK Immigration rules to file an Appeal / Judicial Review for an entry clearance application for a UK unmarried Partner visa, UK Fiancée visa, UK spouse visa, UK Visit visa, India Tourist visa, Tier 1 Visa, UK Administrative review for Tier 4 Student Visa, Tier 2 General visa, Tier 2 sponsor licence, and PBS Dependent. You can contact on +91 98191 27002 or email at [email protected]