Key takeaways
- You can appeal only against refusal of a protection or human rights claim, revocation of protection status, certain EUSS decisions or deprivation of citizenship.
- Most work, study and visitor visa refusals carry no right of appeal; the remedy is administrative review, a new application or judicial review.
- An appeal to the First-tier Tribunal must be lodged within 14 days from inside the UK or 28 days from abroad.
- Since July 2026 the tribunal fee is £82 for a decision on the papers and £144 for an oral hearing, with exemptions for some appellants.
- If you appealed in time from inside the UK, your existing permission and conditions usually continue until the appeal is finally decided.
- A tribunal decision can be challenged further only for an error of law, and permission is needed from the tribunal first.
An immigration appeal is a request to an independent judge to look again at a Home Office decision. In the UK, appeals against immigration decisions are heard by the First-tier Tribunal (Immigration and Asylum Chamber), often called the immigration and asylum tribunal or simply the immigration tribunal. The judge can hear evidence, question witnesses and decide whether the refusal breaches your human rights or protection rights.
The first question is always whether you have a right of appeal at all. Since 2014 most visa refusals, including many points-based and visitor visa refusals, carry no appeal. Your decision letter states whether you can appeal, ask for administrative review, or neither. Acting on the wrong route, or missing a deadline of 14 or 28 days, can cost you your status in the UK.
Sterling Law’s immigration appeal solicitors in London prepare and present appeals for clients in the UK and abroad.
Can I appeal an immigration decision?
You can appeal an immigration decision only if the law gives you a right of appeal. Section 82 of the Nationality, Immigration and Asylum Act 2002 gives a right of appeal against three types of decision: refusal of a protection claim, refusal of a human rights claim, and revocation of protection status. Separate legislation adds appeal rights in immigration cases involving the EU Settlement Scheme and deprivation of British citizenship.
In practice, the following decisions are usually appealable:
- refusal of asylum or humanitarian protection, and revocation of refugee status;
- refusal of an application treated as a human rights claim, such as a spouse or partner visa, a child or adult dependent relative visa, family reunion or a private life application;
- refusal, cancellation or revocation of pre-settled or settled status under the EU Settlement Scheme, and refusal of an EUSS family permit or frontier worker permit;
- a decision to deport you where you have raised protection or human rights grounds;
- a decision to deprive you of British citizenship.
There is one important exception. If you still held valid permission to be in the UK when your human rights application was decided, other than permission extended under section 3C, Home Office guidance treats the application as not being a human rights claim, so there is no right of appeal against the refusal. The options are then a new application or judicial review.
Your right of appeal in immigration cases is set out in the decision letter. If the letter says you have a right of appeal, it also tells you whether the appeal must be brought from inside or outside the UK. If it says you can ask for administrative review instead, there is no appeal to the tribunal.
Appeal for visa refusal in the UK: which route applies?
Whether a UK visa refusal appeal is possible depends on the route you applied under, not on how strong your case was. So before deciding how to appeal a UK visa refusal, check which category your application fell into. Family applications under the Immigration Rules are treated as human rights claims and can be appealed. Work, study and business routes are usually limited to administrative review. Visitor visa refusals have neither an appeal nor administrative review.
| Type of refusal | Right of appeal? | Usual next step |
|---|---|---|
| Spouse, partner, child, parent or adult dependent relative visa (Appendix FM and related routes) | Yes, as a refused human rights claim | Appeal to the First-tier Tribunal |
| Asylum or humanitarian protection | Yes; if certified as clearly unfounded, only from outside the UK | Appeal to the First-tier Tribunal |
| Human rights or private life application made in the UK | Yes, unless certified or you still held valid permission when it was decided | Appeal to the First-tier Tribunal |
| EU Settlement Scheme or EUSS family permit | Yes | Appeal to the First-tier Tribunal |
| Skilled Worker, Student, Graduate, Global Talent and other specified routes | No | Administrative review or a new application |
| Standard Visitor visa | No, unless a human rights claim was made and refused | New application, or judicial review in limited cases |
Can you appeal a refusal of indefinite leave to remain?
Whether you can challenge a refusal of indefinite leave to remain (ILR, also called settlement) depends on the route, just as with visas. Some ILR refusals carry an appeal, some only administrative review, and some neither.
| ILR route | How to challenge a refusal | Points to note |
|---|---|---|
| Skilled Worker, Global Talent, Scale-up and other work and business routes | Administrative review | Apply within 14 days (7 if detained); your leave continues under section 3C while it is pending |
| Victim of domestic abuse or bereaved partner | Administrative review | Same deadlines as other administrative reviews |
| Partner or parent under Appendix FM, and private life | Appeal to the First-tier Tribunal, as a refused human rights claim | No appeal if you still held valid permission, other than section 3C leave, when the decision was made |
| Long residence (10 years) | Usually neither appeal nor administrative review | Since 8 October 2026 the Home Office first considers granting limited permission instead of refusing outright |
| Refugees and humanitarian protection | Usually no appeal against the settlement refusal itself | If you still need protection, you are granted at least 30 more months; an appeal arises if protection is revoked |
| EU Settlement Scheme (settled status) | Appeal to the First-tier Tribunal | Also where pre-settled status is granted instead; EUSS administrative review was abolished on 8 October 2026 |
The timing of an ILR application matters. Many people apply for settlement while their current visa is still valid. If the Home Office refuses a partner or private life ILR application before that visa expires, Home Office guidance says there is no right of appeal, and the remaining options are a new application or judicial review. If your visa has already expired and your leave continues only under section 3C, the right of appeal remains.
Visa refusal with no right to appeal: what are your options?
If your refusal carries no right to appeal, you can still challenge it in one of three ways. The right choice depends on why the application was refused and whether the Home Office made a mistake on the evidence it had.
Home Office administrative review
Administrative review asks another Home Office caseworker to check whether the decision maker applied the Immigration Rules or guidance incorrectly. It is available only for the routes listed in Appendix Administrative Review, which include Skilled Worker, Student, Graduate and Global Talent, but not visitor, partner and other Appendix FM family decisions, or EUSS decisions. The fee is £80 and is normally refunded if the review succeeds. You must apply online within 14 days if you are in the UK, 7 days if you are detained, and 28 days if you are outside the UK. New evidence is accepted only in narrow cases, for example where the refusal was for deception. GOV.UK currently warns that a result can take 12 months or more.
Judicial review in the Upper Tribunal
Judicial review is a challenge to the lawfulness of a decision, not to its merits. Most immigration judicial reviews are heard by the Upper Tribunal (Immigration and Asylum Chamber). The claim must be brought promptly and in any event within 3 months of the decision, after a pre-action letter to the Home Office. A successful claim usually means the Home Office must make a new decision rather than grant the visa. It is generally available only where there is no other adequate remedy, such as an appeal or administrative review.
Making a fresh application
A new application is often the quickest option where the refusal was caused by missing documents or weak evidence, because administrative review rarely considers new evidence. There is no general waiting period before reapplying, unless you were refused for deception or are subject to a re-entry ban, but you must pay the full fee again and disclose the earlier refusal. Making a new application withdraws any pending administrative review. Our guide to the chances of getting a UK visa after refusal explains how to strengthen a new application.
How to appeal an immigration decision: the tribunal process
The immigration appeal process in the First-tier Tribunal follows a set sequence under the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014. Most appeals are now managed online from start to finish.
- Check the decision letter. Confirm that you have a right of appeal, whether it is in-country or out-of-country, and the date the decision was sent.
- Lodge the appeal. Appellants can use the immigration appeals online service on GOV.UK; legal representatives lodge through MyHMCTS. Paper and email forms remain for those who cannot appeal online, including people in detention. You state your grounds of appeal and pay the fee or claim an exemption.
- Home Office bundle. The Home Office sends the tribunal the application, the decision and the documents it relied on.
- Appeal skeleton argument and evidence. If you are represented, your lawyer files an appeal skeleton argument setting out the issues, with witness statements and supporting evidence, within 28 days of the Home Office bundle or 42 days after the appeal was lodged, whichever is later.
- Home Office review. Within 14 days the Home Office must say which parts of your case it accepts or opposes. At this stage it may withdraw the decision and grant your application.
- Hearing or decision on the papers. The judge hears evidence from you and your witnesses and submissions from both sides. Some appeals, for example where both parties agree, are decided without a hearing.
- Written decision. The judge allows or dismisses the appeal and gives written reasons.
Careful preparation at steps 4 and 5 is important. A well-focused skeleton argument can persuade the Home Office to concede before any hearing takes place.
Immigration appeal deadlines and late appeals
The deadline to appeal to the First-tier Tribunal is 14 days after the decision is sent if you are in the UK. If you are outside the UK, it is 28 days after you receive the decision; if you had to leave the UK before appealing, it is 28 days from your departure.
If you miss the deadline, you can still lodge an out-of-time appeal, but you must ask for an extension of time and explain the delay. The tribunal decides this as a preliminary issue, usually without a hearing. An out-of-time appeal does not extend your leave in the meantime, so act quickly. In one of our cases, the tribunal accepted an out-of-time appeal after we explained the reasons for the delay with evidence.
Immigration appeal fees
Immigration appeal fees are set by the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 and rose in July 2026. You pay when you lodge the appeal.
| Fee | Amount |
|---|---|
| Appeal decided on the papers | £82 |
| Appeal decided at a hearing | £144 |
| Administrative review (Home Office, not the tribunal) | £80, normally refunded if successful |
You do not pay the tribunal fee if you are appealing a deprivation of citizenship or revocation of protection status, if you receive Home Office asylum support or legal aid, if you are a child supported by a local authority, or if the Home Office waived the fee for your original human rights application. If you live in the UK on a low income, you can apply for Help with Fees; this is not available if you appeal from abroad. If your appeal is allowed, the judge may order the Home Office to repay your fee.
How long does an immigration appeal take?
On average, a UK immigration appeal currently takes more than a year at the First-tier Tribunal. Ministry of Justice statistics for April to June 2026 show a mean of 65 weeks to clear an appeal across all appeal types: 72 weeks for asylum and protection appeals, 74 weeks for human rights appeals, including spouse visa appeals, and 48 weeks for EU law appeals. The open caseload stood at 156,000 appeals.
Since 12 August 2026 the tribunal must aim to decide two groups of appeals within 24 weeks of lodging, where reasonably practicable: protection appeals by people living in asylum support accommodation, and appeals by foreign national offenders who are liable to deportation and not detained. It does not apply where the appeal must be brought or continued from outside the UK. All other appeals have no statutory timeframe, so the immigration appeal timeline depends on the hearing centre’s list and on how complete the evidence is.
Can you stay in the UK while your appeal is pending?
If you had permission to be in the UK when you applied, and you appeal in time from inside the UK, your permission is extended by section 3C of the Immigration Act 1971 on the same conditions until the appeal is finally decided. This usually means you can continue to work or study as before. Section 3C does not apply to an appeal lodged out of time, and leaving the UK normally ends an in-country appeal, except an EUSS appeal.
Some appeals can only be brought after you leave. If the Home Office certifies your claim as clearly unfounded, or certifies a deportation case for removal before appeal, you may have to appeal from abroad. A certification can itself be challenged by judicial review.
Permission to appeal to the Upper Tribunal
If the First-tier Tribunal dismisses your appeal, you can go further only if the judge made an error of law, such as misapplying the law, failing to consider evidence or giving inadequate reasons. Disagreeing with the outcome is not enough.
You must first ask the First-tier Tribunal for permission to appeal within 14 days of the written reasons being sent, or 28 days if you are outside the UK. If it refuses, you can apply directly to the Upper Tribunal within 14 days, or one month if you are outside the UK. If the Upper Tribunal finds an error of law, it either remakes the decision itself or sends the case back for a fresh hearing. A further appeal to the Court of Appeal is possible, again only with permission and only on a point of law.
The Home Office has the same right. If your appeal is allowed, it may apply for permission to appeal, and it usually waits for that challenge to be resolved before granting leave.
Types of immigration appeal we handle
Asylum and protection appeals
Asylum appeals follow the same tribunal process but often turn on country evidence, credibility and expert reports. Our page on asylum appeals explains the process in detail.
Human rights and family appeals
Refused spouse, partner, child and adult dependent relative applications are appealed as human rights claims under Article 8 of the European Convention on Human Rights. The tribunal weighs your family life in the UK against the public interest in immigration control. We have won adult dependent relative appeals and partner appeals. For in-country claims, see our page on human rights claims.
EU Settlement Scheme appeals
Refusals of settled or pre-settled status and EUSS family permits can be appealed under the Citizens’ Rights Appeals (EU Exit) Regulations 2020. These appeals often turn on proof of residence or of a family relationship, and we have won EUSS appeals on that evidence.
Deportation appeals
An appeal against a deportation order in the UK is brought on human rights or protection grounds. Long residence, children in the UK and the strength of family ties are central. Read more about deportation from the UK and our case of a deportation appeal won after 22 years in the UK.
Deprivation of citizenship appeals
A decision to deprive someone of British citizenship can be appealed to the First-tier Tribunal, or to the Special Immigration Appeals Commission in national security cases. Since 27 October 2025 a deprivation order stays in effect until the appeal is finally determined, including any further appeal by the Home Office after you win.
Our immigration appeal results
Our recent immigration appeal cases include:
- a long residence appeal allowed after a refusal based on gaps in lawful residence;
- a human rights appeal allowed in a highly complex First-tier Tribunal case;
- a refusal withdrawn by the Home Office the day before the hearing;
- an unmarried partner appeal allowed at the First-tier Tribunal.
How Sterling Law can help
Our immigration appeal solicitors start by reading your decision letter and telling you, in plain terms, whether you have a right of appeal, what the deadline is and whether an appeal, administrative review or a new application gives you the best prospects. If you appeal, we:
- lodge the appeal online within the deadline and draft clear grounds of appeal;
- gather witness statements, documents and, where needed, expert evidence;
- prepare the appeal skeleton argument and respond to the Home Office review;
- prepare you and your witnesses for the hearing and arrange your representation at it;
- advise on the decision and on permission to appeal to the Upper Tribunal, for you or in response to a Home Office challenge.
We act for clients in the UK and abroad, from our office in London and online.
FAQ
Can I appeal a UK visitor visa refusal?
Usually not. A UK visitor visa refusal appeal is possible only in rare cases: a Standard Visitor visa refusal carries no right of appeal and is not eligible for administrative review. The options are a new application that deals with the reasons for refusal or, where the decision was unlawful, judicial review. There is a right of appeal only if you made a human rights claim and it was refused.
Should I appeal or reapply after a UK visa refusal?
If you have a right of appeal and the refusal is wrong on the law or the facts, an appeal lets a judge consider all your evidence. If the refusal was caused by missing documents, a new application is often faster. Appeals currently take over a year on average, so timing matters too.
How long does a UK immigration appeal take?
In April to June 2026 appeals took 65 weeks on average to resolve: 72 weeks for asylum and 74 weeks for human rights appeals. Since 12 August 2026 the tribunal must aim to decide some asylum-supported and deportation appeals within 24 weeks.
How much does an immigration appeal cost?
The tribunal fee is £82 for a decision on the papers and £144 for a hearing. Some appellants pay nothing, including those on asylum support or legal aid. Legal representation is charged separately, and we agree the cost with you in writing before work begins.
Can I appeal an immigration decision without a solicitor?
Yes. You can lodge an appeal yourself online on GOV.UK and represent yourself at the hearing. Appeals turn on evidence and legal argument, and represented appellants file a skeleton argument that frames the case, so professional help can make a difference.
My immigration appeal was allowed but challenged by the Home Office. What now?
The Home Office can ask for permission to appeal to the Upper Tribunal, but only for an error of law. If both the First-tier Tribunal and the Upper Tribunal refuse permission, the decision stands. If it is granted, the Upper Tribunal decides whether the judge erred, and you can respond to the Home Office’s grounds.
What happens after a successful immigration appeal?
If the Home Office does not challenge the decision, it should grant leave in line with the judge’s findings. You may be asked for new biometrics. An allowed appeal sometimes only requires the Home Office to reconsider, so check the wording of the decision.
