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Immigration and Visa refusals and appeals

Immigration Appeals following a visa refusal in the UK can be both stressful and daunting experience. When a visa is refused, we know how much stress and difficulty you’re placed with at that particular moment.

Novells Legal Practice is able to undertake legal representation at the First Tier tribunals all over the United Kingdom, appeals to the Upper Tribunal, and where necessary take matters further to the higher courts. We are also able to carry out Administrative Reviews on all PBS applications. We work in close collaboration with the leading immigration barristers in the UK

 Our work includes advising clients on the merits of their case, drafting the grounds of appeal, preparation of the bundle of documents and witness statements, instructing expert witnesses where necessary, thorough legal research, and representation in court.

 The rules governing the rights of appeal are complex, and the decision makers sometimes erroneously advise applicants that their decision is not appealable. We would strongly advise anyone with an adverse decision of the immigration authorities on their hands to seek legal advice regarding their right of appeal. We have also obtained outstanding results for clients following lodging an immigration appeal, without the matter actually reaching the Tribunal. Further, with many of those immigration appeals that actually proceed to a full appeal hearing, a large number of them are allowed on the day itself, which is excellent. This saves time and stress for the client and we work hard to front load immigration appeals so the other side has all of the facts very early on in the appeal process. We believe this is good practice and place our clients interest first.

Immigration Appeals from Overseas
If you are overseas and have applied for a UK visa which has been refused, you will have 28 days to appeal this decision from receipt if you have been granted a right of appeal (depending on method of service). The appeal must be lodged before this date expires.

What Happens at an Immigration Appeal?
When you appeal, your case is heard by an Immigration Judge who is independent. If listed for an appeal and the case actually proceeds to hearing, arguments are heard from both sides. When heard orally, cases can be put forward fully. The client or sponsor (or both) have the chance to give live evidence before a judge. Although pursuing an immigration appeals may be an option in certain circumstances, we will advise you as to whether an appeal or a fresh application, if possible and / or applicable, is best for you. Appeals are often an effective remedy as officers sometimes make mistakes when considering applications and make decisions which are inaccurate or irrational for example.

 Mandatory Re-Entry Bans
Further, another recent introduction into the UK Immigration Law System is that of re-entry bans. Depending on your circumstances in the UK and/or how you left the UK (i.e. overstayers, illegal entrants, etc.) and what category you’re seeking to return, you can face a re-entry ban of between 1 year, 5 years or 10 years depending on your circumstances. In such cases, ignorance really is no defence. The effects are very serious and can have massive repercussions from often innocent mistakes. Novells Legal Practice however have practical experience in successfully handling such decisions and overturning them.

 The Benefits of Appealing an Immigration Decision:

  • An appeal avoids the need to lodge a fresh application which attracts a further fee. You will enjoy the ability to live and work in the UK with your loved ones.
  • If your immigration appeal is successful, you will be granted the relevant leave to enter/ leave to remain (in) the UK.
  • As our legal challenges are thoroughly and meticulously prepared, often our cases are settled early, often without hearing, this saves, time, money and stress.
  • Should the case proceed to a full hearing, we work very closely with some of the leading barristers in the UK to bring a successful and swift outcome to your case.
  • We will guide you and explain exactly what is required to win your case so you do not need to worry.
  • Our immigration appeals success rate is outstanding.

 We also make direct contact with the British Embassy or the Home Office in the outside the UK/within the UK to resolve matters without taking this through the appeal process, saving time, stress and money.

 We have our “client’s interest at best heart” which means we will always look at the merits of the appeal. Our last audit by the OISC showed that we are doing “exceptional work” on our appeals which includes preparation to the Tribunal, namely the appeal bundle which are served to the Tribunal. The appeal bundle consists of a number of important elements which are required procedurally and also to give you the best chance to win the case. The Tribunals have acknowledged how well we are presenting cases and Immigration Judges have commented in our work. Our work is to ensure our client’s case is handled professionally and we have never received a complaint from a client where we have mis-handled their appeal. We strive to provide the best legal representation as we understand the stress you go through an appeal.

Our clients refer a number of clients to us because of the way we manage and deal with appeals. Sometimes we advise our client not to appeal due to a number of errors made by the client which can save you time and money, not mentioning the stress you go through. Please talk to us today on 0207 392 7672 and have your first consultation to understand your merits on the appeal.