In Joyful

The implementation of the new 5 tier UK immigration regime by the UK Border Agency, from our perspective, as immigration solicitors appears to have coincided with an increase in the number of UK immigration visa refusals. It is important to appreciate the appeal rights an individual has. This article focuses on refusals by the UK Border Agency in the UK and should not be confused with appeal rights by Entry Clearance Officers at UK missions abroad i.e. British Embassies or Consulates. Appeal rights when applicant had no leave when the application was made If an application is made to the UK Border Agency for an extension of stay and an individual had no permission to be in the UK at the time, there is no statutory right of appeal to an Immigration Judge. Appeal rights when the applicant st fullfast ill has leave when the decision is made If an application is refused and the individual still has permission to be in the UK there is no statutory right of appeal to an Immigration Judge. Appeal rights when the applicant had leave when the application was made and it expired by the time the decision is made If an application is refused in these circumstances, there is a statutory right of appeal to an immigration judge. If you fall into the preceding category, there are two distinct times in which to lodge a notice of appeal against the decision to refuse. Detained cases Five days to lodge an appeal. The time starts running from when the Notice of Decision is delivered. Non detained cases Ten days to lodge an appeal. The time is deemed to start two days after the Notice of Decision is sent.