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Leave to Remain Appeal

Leave To Remain Appeal Lawyers

When the Home Office or UK Visas and Immigration refuses an application for leave to remain, it can be a distressing experience. However, the decision isn't necessarily final. You may have the right to make a leave to remain appeal, which involves presenting your case to an independent tribunal.

Leave to remain appeals can be complex and the support of an expert immigration lawyer can make all the difference in challenging the decision made by the Home Office and ensuring your case is reviewed fairly and impartially.

At Lawhive, our network of experienced immigration solicitors is dedicated to helping you move through the leave to remain appeal process with confidence. We offer expert guidance at each step of the appeal process and comprehensive representation, from preparing your case to representing you at the First-tier Tribunal.

If your application for leave to remain has been refused, or you are facing deportation or removal from the UK, don't go through it alone.

Contact us for a free case evaluation and quote for the services of an experienced immigration solicitor to guide you through your leave to remain appeal.

Can I appeal a leave to remain application refusal?

Not all leave to remain refusals carry the right to appeal.

Generally, you can appeal if the refusal decision affects your human rights or asylum claim. However, you need to establish valid grounds for your appeal.

What are the grounds for a leave to remain appeal?

Valid grounds for a leave to remain appeal include if:

• A refusal violates your right to family and private life in the UK;

• You have a claim to asylum based on fear of persecution in your home country;

• You don't qualify as a refugee but would face serious harm if returned to your home country;

• The Home Office has incorrectly applied immigration laws or failed to consider relevant legal precedents;

• Significant evidence was not considered or was improperly evaluated;

• You were not given a fair opportunity to present your case or there were procedural irregularities during the application process;

• There was bias or unfair treatment in the handling of your application;

• There are exceptional circumstances that were not considered by the Home Office;

• The refusal would cause significant and undue hardship.

What are the time limits for a leave to remain appeal?

If you are currently in the UK, you generally have 14 days from the date you receive a refusal notice to lodge your leave to remain appeal.

If you are outside the UK, you usually have 28 days.

In rare cases, you might be able to apply for an extension of the time limit if there are exceptional circumstances. This is at the discretion of the tribunal.

What if I have no right of appeal?

If your application for leave to remain has been refused and you have no right to appeal, there are still some options available to you.

Administrative review

You may be eligible for an administrative review which involves a different caseworker reviewing the leave to remain decision to make sure there were no errors in the original decision-making process.

However, administrative reviews are typically used to correct factual or procedural errors rather than to present new evidence or arguments.

Judicial review

A judicial review is not an appeal based on the merits of a decision but rather a review of the process by which the decision was made.

As such, you may seek a judicial review if you believe there has been an error of law, a procedural impropriety, or the decision was irrational or unreasonable.

New application

Depending on your situation, you may consider submitting a new leave to remain application, correcting any previous errors, and providing additional evidence if necessary.

If you have no right to a leave to remain appeal, an experienced immigration lawyer can help you explore all possible options and assist with any subsequent applications or reviews.

At Lawhive, our network of solicitors is fully regulated, vetted, and experienced in handling complex immigration matters, like leave to remain appeals. What's more, we offer fixed price quotes with no hidden fees.

Contact us today for a free case evaluation and learn how an experienced immigration lawyer can help you understand your options and take the necessary steps to address your situation.

How does the leave to remain appeal process work?

There are three key steps to the leave to remain appeal process:

1. Submitting your appeal to the First-tier Tribunal (Immigration and Asylum Chamber) using the correct form and paying any required fees;

2. Preparing your case;

3. Attending the hearing where you and your legal representative present your case to an independent judge.

After the hearing, the judge will make a decision.

If your appeal is allowed, the Home Office will need to comply with the tribunal's decision.

If it is dismissed, you may have the option to appeal to the Upper Tribunal on a point of law, or if you aren't granted permission to appeal, you might consider a judicial review.

What evidence do I need for a leave to remain appeal?

The type of evidence you may use to support your leave to remain appeal includes:

1. A personal statement and witness testimonies from family members, friends, employers, or colleagues;

2. Evidence of relationships and family ties like marriage and civil partnership certificates and birth certificates for children;

3. Proof of residency and community ties like utility bills and bank statements, or letters from community organisations;

4. Financial documents like payslips, employment contracts, tax returns, and bank statements;

5. Medical evidence (if you have a health condition that would be made worse by leaving the UK);

6. School and college records for yourself or dependents;

7. Qualifications and certificates you have obtained while in the UK.

In a leave to remain appeal, each piece of evidence helps build a comprehensive picture of your circumstances and strengthens your case, however, the type of evidence you need depends on your grounds for appeal.

How much does it cost for a leave to remain appeal?

The cost to appeal is:

• £80 without a hearing.

• £140 with a hearing.

You can pay the fee online with a credit or debit card, or include payment details on the appeal form if submitting by post.

Do I need a lawyer for a leave to remain appeal?

While there's no legal requirement to have a lawyer for a leave to remain appeal, legal representation can significantly improve your chances of a successful outcome.

Immigration lawyers understand the procedures involved in the appeal process, including deadlines, required documents, and how to present your case effectively.

For personalised advice and expert assistance with your leave to remain appeal, contact us today and schedule your free case evaluation.

Our network of experienced immigration solicitors is here to guide you through each step of the process.

How long does the leave to remain appeal process take?

The leave to remain appeal process can take several months from start to finish. This includes lodging the appeal, preparation, the tribunal hearing, and the time it takes for a decision to be issued.

The First-tier Tribunal typically schedules a hearing within a few months of receiving the appeal. However, the exact waiting times can vary based on the tribunal's workload.

If further appeals are necessary, the process can take even longer.

Can I represent myself in a leave to remain appeal?

You can represent yourself in a leave to remain appeal however, without a legal background, you might find it challenging to understand and apply the law correctly.

You need to be familiar with the tribunal procedures, know what evidence is relevant, and how to present it correctly.

Further to this, representing yourself can be stressful and it can be incredibly hard to be objective about your case.

Legal representation, in the form of an experienced immigration lawyer, can reduce your stress and often lead to better outcomes.

What happens at a leave to remain appeal hearing?

The leave to remain hearing will be attended by a judge, a representative from the Home Office, you, your legal representative (if you have one), and any witnesses you have brought.

During the hearing, the following usually happens:

1. The judge will introduce the case and explain the process;

2. You will explain your case and answer questions from the judge;

3. Witnesses give evidence to support your case;

4. The Home Office representative may cross-examing you and your witnesses;

5. The Home Office representative will present their case;

6. You or your legal representative will cross-examine the Home Office representative;

7. Both parties make closing statements.

The judge will not normally give a decision on the day. Instead, you should expect to receive the decision in writing within a few weeks.

Can I request an adjournment of my leave to remain appeal hearing?

You can request an adjournment (postponement) of your leave to remain hearing. However, the tribunal will only grant an adjournment if there are valid reasons and justifications.

You may be able to request an adjournment if you need more time to gather more evidence or you recently hired a solicitor to support your case who needs additional time to prepare.

You may also request an adjournment if you are unwell and unable to attend the hearing, or there are delays in receiving necessary documents.

To request an adjournment, you need to apply to the tribunal, along with any evidence that supports your request as soon as you become aware of the need for an adjournment. You should clearly explain why you need an adjournment and how it will affect your ability to present your case effectively if not granted.

Can I travel to other countries while my leave to remain appeal is ongoing?

It is not advisable to travel while your appeal is ongoing, as this can complicate your case and may impact your right to return to the UK.

How can Lawhive help with my leave to remain appeal?

At Lawhive, our network of experienced immigration solicitors is dedicated to providing comprehensive support to ensure the best possible outcome for your case.

Expert legal advice and guidance

Your solicitor will take the time to understand the reasons why your leave to remain application was refused, and the grounds on which to base your appeal.

Drafting and submitting appeals

Your lawyer will draft your appeal documents, ensuring that all legal arguments are compelling and backed by solid evidence.

They'll also make sure that all paperwork is submitted within the required deadlines to avoid any procedural issues.

Representation at hearings

Your solicitor can represent you at the tribunal hearing, presenting your case effectively and responding to any questions or challenges from the Home Office representative.

Post-hearing support

After the hearing, your solicitor can follow up on the tribunal's decision and advise on any further steps, such as appeals to the Upper Tribunal or other legal avenues such as judicial review.

Why choose Lawhive?

• Up to 60% cheaper than high-street firms

• Fixed price quotes with no hidden fees

• Fully regulated and vetted immigration lawyers

• Fast online responses.

If you need help with your leave to remain appeal, contact us today for a free case evaluation and let our experienced team guide you through the process.