UK Visa Appeals –Timelines(How UK Visa Appeal Process Works)

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UK Immigration Appeals – How long does an appeal take? Some timelines

1. Applicant submits Appeal – within 28 days from the date that you received the decision

You can do this on-line via the Ministry of Justice Website here

When you have submitted your appeal online you will need to send all your supporting papers (including your Notice of Decision) to the tribunal at:

First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester
United Kingdom
LE1 6ZX

Fax to: 00 44 116 249 4232 (The Tribunal recommends that you should only fax when you need to send the documents urgently)

2. The Tribunals Service will inform the visa section that an appeal has been received by sending a IAFT-11 (receipt) and IAFT-2 form (showing date of receipt at the Tribunals Service) and any accompanying documents by diplomatic post within 28 days of receipt. They will request the visa section to review the decision and, if upheld, to prepare an Appeal Bundle.

Note: because correspondence takes place via the internal postal system, it is likely to take 2 to 4 weeks before a visa section receives forms IAFT11 and IAFT2.

3. On receipt of the Tribunal’s IAFT forms 11 and 2 at the visa section, an Entry Clearance Manager reviews your application.

If s/he overturns the decision to refuse and decides that a visa can be issued, the visa section must inform the applicant and ask him/her to submit his/her passport for issuing of the visa within 10 working days.

If the ECM upholds the decision to refuse, the visa section prepares an Appeal bundle, which must be despatched to the Tribunal as follows:

Within 4 weeks for family visit appeals and non settlement appeals
Within 12 weeks for settlement appeals
4. On receipt of the ECO’s Appeal Bundle, the Tribunal will log your appeal on their systems and schedule a hearing. This can either be an oral hearing, or your appeal will be decided on papers (without an oral hearing). The choice is yours to make and you will have indicated this on your Appeal form. How long does it take for your hearing to be listed? Well, how long is a piece of string? Family visit appeals are usually heard around 28 days from receipt of the ECO’s bundle at the Tribunal. For settlement appeals this is around 56 days. However, some applicants have been waiting much longer.

5. The Immigration Judge will notify the First Tier tribunal of his/her decision within 10 working days from the hearing. They will then arrange for the decision (the “Determination”) to be sent to yourself and the visa section that decided on your visa application. It can take 4 weeks before the Determination reaches the visa section.

6. On receipt of their copy of the determination, the visa section has 8 weeks to process it.

In summary, appealing is a lengthy process!

It is therefore best to avoid being refused. Before submitting your visa application, prepare yourself well! Read the official guidance carefully, make sure that you qualify for your choice of visa category, and present your application bundle in a neat, organised manner.

If you do get refused; ensure that you submit your appeal on time! Prepare a neat, organised Appeal Bundle and clearly state why you believe the Entry Clearance Officer’s decision is wrong. Be clear and concise and submit evidence to support your case where appropriate. Remember that before your Appeal is heard by an Immigration Judge in the UK, an Entry Clearance Manager will review your appeal. If the ECM, on the basis of your submission, decides that the ECO was incorrect, you will save valuable time!

Urgent appeals

If there are compelling and/or compassionate reasons which warrant your appeal being brought forward you should put your reasons in writing and send them to the Tribunal.

They will arrange for your reasons and any supporting documentation to be put before a duty judge to decide if your appeal should be heard sooner than usual. It is in your interest to make sure the judge has all the documentation necessary to support your application.

For example, this could be letters from a doctor or a hospital.

You should note that your application will not be considered by a judge before you have paid your appeal fee, unless one is not required in your case.

You should address any correspondence to the President of the First-tier Tribunal clearly marked: REAH The First-Tier Tribunal to:

Office of the Duty Judge
Expedited Appeal Hearing Requests
First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester LE1 6ZX
Fax: 01509 221403 or 0044 1509 221 403 if you are faxing from overseas.

How can I check the progress of my appeal?

To find out about the progress of an appeal, or for more information about the appeals system, contact:

First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 7866
Loughborough
United Kingdom
LE11 2XZ

Phone: (+44) (0)845 600 0877
Fax: (+44) (0)1509 221403
Email: customer.service@tribunals.gsi.gov.uk