If the Home Office has refused your human rights claim, your protection claim or your status under the EU Settlement Scheme, you may be able to challenge the decision before the First-tier Tribunal (Immigration and Asylum Chamber). This is an independent tribunal where a judge looks at your case afresh. Not every refusal carries a right of appeal. The deadline is 14 days if you are in the UK and 28 days if you are abroad. The outcome depends heavily on how well the evidence is gathered and the legal arguments are put together.
This page explains what you need to know before you appeal: who can appeal, how an appeal differs from an administrative review, what the tribunal fees are, how the hearing works and what happens after the decision. If you have just been refused, start with an overview of your options after a UK visa refusal, then come back for the details of the tribunal process.
What is an appeal to the First-tier Tribunal
An appeal to the First-tier Tribunal (Immigration and Asylum Chamber), or FTT, is a judicial challenge to an immigration decision made by the Home Office. The tribunal is not part of the Home Office and does not answer to it: a judge hears both sides and reaches an independent decision. At the hearing the Home Office is represented by a presenting officer, while you are represented by yourself or by your legal representative.
The key difference from an administrative review is that the tribunal does not only check whether a caseworker applied the Immigration Rules correctly. It considers the merits of the case: it examines the evidence, may hear from you and your witnesses, and decides whether the refusal breaches your rights. The right of appeal is set out in section 82 of the Nationality, Immigration and Asylum Act 2002. In a human rights appeal there is a single ground: that the decision is unlawful under section 6 of the Human Rights Act 1998, as provided by section 84 of the same Act. In practice, this most often means a disproportionate interference with the right to respect for family and private life under Article 8 of the European Convention on Human Rights.
It is also important to understand the limits of the process. If the tribunal allows your appeal, this does not automatically mean you will be granted a visa: the Home Office must reconsider its decision in light of the tribunal’s findings. If the appeal is dismissed, the original refusal stands, although you may be able to challenge the decision in the Upper Tribunal if it contains an error of law.
When you have a right of appeal to the First-tier Tribunal
- Refusal of a human rights claim, including family and spouse visa applications
- Refusal of a protection claim for asylum or humanitarian protection
- Revocation of refugee status or humanitarian protection
- Refusal or revocation of EU Settlement Scheme status or a family permit
- Deportation under the EU Settlement Scheme or as a frontier worker
- Deprivation of British citizenship by the Home Office
- Refusal or revocation of leave as an S2 healthcare visitor or frontier worker
This list follows the official GOV.UK guidance on appealing against a visa or immigration decision. If your situation is not covered — for example, you were refused a Skilled Worker visa, a Student visa or an extension on a work route — you will usually have no right of appeal. In those cases, an administrative review or a fresh application is usually the way forward. The refusal letter almost always says so directly: it states whether you have a right of appeal and the deadline for using it.
Human rights claims deserve a separate mention. A right of appeal arises when your application has been treated as a human rights claim and that claim has been refused. Family applications under Appendix FM — as a spouse, partner or parent — are generally treated by the Home Office as human rights claims, so refusals of these applications can usually be appealed. Read more about how the right to private and family life is protected on our page on human rights in the UK.
Appeal, administrative review or a new application
After a refusal there are usually three routes: an appeal to the tribunal, an administrative review and a new application. They differ in grounds, deadlines and cost, and the choice depends first of all on the type of decision made and what the refusal letter says.
| Criterion | Appeal to the FTT | Administrative review | New application |
|---|---|---|---|
| When available | Refusal of a human rights or protection claim, EU Settlement Scheme decisions and certain other decisions | A refusal with no right of appeal, where the decision says a review is available | Almost always, if the reasons for refusal have been addressed |
| Who decides | An independent tribunal judge | A different Home Office caseworker | The Home Office, afresh |
| What is assessed | The merits of the case, including the evidence and proportionality | Only errors in applying the rules (caseworking errors) | A new set of documents |
| Deadline | 14 days in the UK, 28 days from abroad | 14 days in the UK (7 days if detained), 28 days from abroad | No deadline, but your immigration status in the UK matters |
| Government fee | £82 without a hearing, £144 with a hearing | £80 | The full fee for the chosen visa |
| New evidence | Yes, within the applicable rules | Generally no | Yes |
The fees and deadlines for administrative review are taken from the GOV.UK guidance on administrative review, which also notes that a review can currently take 12 months or more. For more detail on when this route makes sense, see our page on UK visa administrative review.
If you are unsure which route fits, avoid submitting a new application “just in case”. Another application can affect procedures that have already started, and choosing the wrong route uses up time, which is usually short after a refusal.
Deadlines for appealing to the First-tier Tribunal
The appeal deadline is short, and it runs not from the date of the decision but from the date you received the refusal letter. It depends on where you are when you appeal. The deadlines below follow the official GOV.UK guidance on appealing a decision.
| Situation | Deadline | Runs from |
|---|---|---|
| You are in the UK | 14 days | The date you received the decision letter |
| You are outside the UK | 28 days | The date you received the decision letter |
| The decision says you must leave the UK before appealing | 28 days | The date you left the UK |
| Appeal after an unsuccessful EU Settlement Scheme administrative review | Stated in the review decision | The administrative review decision letter |
If you miss the deadline, you can still submit an appeal, but you must explain the reasons for the delay. The tribunal then decides whether it can still hear the appeal. This should not be treated as a standard option: the reasons are assessed strictly, and supporting evidence, such as medical records, should be provided straight away. If there are urgent circumstances, you can separately ask for the appeal to be expedited, which also requires compelling and documented grounds.
Tribunal fees and the cost of an appeal
The First-tier Tribunal fee depends on how the appeal is decided. You choose this when you appeal: the case can be decided on the papers alone or at an oral hearing that you and your representative attend in person or by video.
| Type of decision | Fee | Comment |
|---|---|---|
| Without a hearing, on the papers | £82 | A judge decides on the appeal form and the documents |
| With a hearing | £144 | An oral hearing with the parties, witnesses and an interpreter if needed |
| Request to expedite the appeal | Free | Reviewed once the appeal fee has been paid |
| Applying for permission to appeal to the Upper Tribunal | No fee | According to the GOV.UK guidance on onward appeals |
The fees are published on the official tribunal guidance page. You may not have to pay if you receive asylum support or legal aid, or if you are under 18 and receive services from your local council. If you have little or no savings or a low income, you can apply for help with court fees. If your appeal succeeds, the judge may order the Home Office to refund the fee you paid (a fee award). In some cases the tribunal may order costs against a party that has acted unreasonably, whether that is the appellant or the Home Office.
In addition to the fee, the budget for an appeal usually includes case preparation and representation, translations, expert reports (for example, medical or country evidence) and, where needed, a barrister. The exact cost depends on the complexity of the case and is worth discussing before you appeal.
Benefits of seeking support with a First-tier Tribunal appeal
- Assessment of your right of appeal and the right route after a refusal
- Calculation of deadlines based on when the refusal letter was received
- Analysis of the reasons for refusal and weak points in the Home Office case
- Preparation of witness statements and a complete evidence bundle
- Arrangement of translations, expert reports and witness evidence
- Representation at the hearing or instruction of an experienced barrister
- Assessment of the prospects of an onward appeal to the Upper Tribunal
Each of these points affects the outcome: even an appeal that is strong on the merits can fail if it is filed late or without evidence to support the key arguments. Below is how the process works and what happens at each stage.
How an appeal to the First-tier Tribunal works: 5 stages
The process is governed by the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014. Where an appellant has a legal representative, the appeal is lodged online through MyHMCTS, and documents are then exchanged with the tribunal and the Home Office through the online case.
Consultation and assessment of your right of appeal
Lodging the appeal with the First-tier Tribunal
Preparation of evidence and legal arguments
Tribunal hearing and receipt of the decision
Implementing the decision or appealing to the Upper Tribunal
In addition to the main stages, the tribunal may hold a pre-hearing to check that the parties are ready. Hearings are generally held in public, but if you have a reason, you can ask for a private hearing or to attend by video link. If you or a witness need an interpreter or special arrangements, tell the tribunal in advance — details are on the GOV.UK page on what happens at a hearing.
Documents and evidence for an appeal
The tribunal decides on the basis of evidence, not assertions. This is especially important in Article 8 appeals: the judge needs to see how deep your family and personal ties to the UK are and what the consequences of a refusal would be for you and your family. A typical evidence bundle includes:
- the Home Office refusal letter and the documents from the original application;
- the appellant’s witness statement setting out the circumstances in detail;
- statements from a spouse, partner, relatives and other witnesses;
- evidence of the relationship and life together: marriage documents, shared accommodation, correspondence, photographs and financial ties;
- documents about children: birth certificates, school letters and evidence of a child’s British citizenship;
- evidence of finances, employment and accommodation in the UK;
- medical and expert reports where they are relevant to the case;
- certified translations of all documents not in English.
Particular attention should be paid to the financial requirement for family visas: if the refusal relates to the sponsor’s income, the evidence must match the rules precisely. How the threshold works is explained on our page on the UK spouse visa financial requirement. The tribunal may also take into account circumstances that arose after the refusal. However, a “new matter” — such as a new ground for a human rights claim — can only be considered with the consent of the Home Office under section 85 of the 2002 Act, so such arguments should be planned in advance.
Who can represent you at the tribunal
The law allows you to lodge an appeal and take part in the hearing yourself. However, the Home Office is represented at the hearing by a trained presenting officer, and the judge assesses the case by reference to the law and case law, so professional representation significantly strengthens your case. You can be represented by:
- solicitors — lawyers regulated by the Law Society, who manage the case and instruct a barrister where needed;
- barristers — advocates who appear at hearings, including through the Direct Access scheme;
- regulated immigration advisers registered with the Immigration Advice Authority (IAA). Only a level 3 adviser can appear on a client’s behalf at a tribunal, as the GOV.UK guidance on immigration adviser levels makes clear.
Before instructing anyone, check that the adviser is registered with the IAA or belongs to an approved professional body, and confirm their level. Unregulated “helpers” are not allowed to give immigration advice, and money paid to them is very difficult to recover.
Immigration appeals
Support with your First-tier Tribunal appeal
Right of appeal check
Review of the refusal, grounds and prospects of the case
Lodging on time
Appeal through MyHMCTS with an exact deadline calculation
Evidence bundle
Witness statements, documents, translations and reports
Representation
Advocacy at the hearing and a response to the Home Office
Even when the scope of the service is clear, the right strategy depends on the details: the type of refusal, where the application was made, the family situation and the evidence already available. Below are some typical scenarios in which people seek help.
Practical examples: when an appeal makes sense
These examples are generalised and anonymised. They show the reasoning behind the choice of route rather than guaranteeing any particular outcome: the tribunal assesses every case on its own facts.
Spouse visa refused over doubts about the relationship
The wife of a British citizen was refused a spouse visa because the Home Office was not satisfied that the marriage was genuine and subsisting. Because the UK family visa application was treated as a human rights claim, she had a right of appeal from abroad with a 28-day deadline. The key evidence was statements from both spouses, the history of the relationship, years of correspondence, proof of trips together and financial support, and oral evidence from relatives at the hearing.
Refusal for the parent of a British child living in the UK
The father of a British citizen child was refused permission to stay, which put him at risk of having to leave the country. The appeal focused on the best interests of the child and whether it would be reasonable to expect the child to leave the UK. Alongside proof of the relationship, the bundle included evidence about the child’s school, the father’s involvement in the child’s upbringing and an expert report on the effects of separation.
EU Settlement Scheme refusal for a family member of an EU citizen
A family member of an EU citizen was refused status under the EU Settlement Scheme because of insufficient evidence of residence. Appeals against such decisions are governed by separate regulations made in 2020, and in some cases an administrative review may come first. For the options available to EEA nationals and their families, see our page on UK residence for EEA nationals and their families.
In all three scenarios, the outcome depended not on general statements but on specific evidence gathered to answer the reasons for refusal. Similar situations — a refusal followed by a resolution — also feature among Imperial & Legal client stories.
Client stories after a visa refusal
Obtaining a UK Family Visa After Refusal
David is a successful real estate broker from Boston. He started out as an ordinary real estate agent, but since then has grown into a professional who is entrusted with large deals on commercial...
UK Spouse and Civil Partner Visa Refusal: How to Get a Visa and Join Your Spouse in the UK?
Home Office caseworkers are very thorough when it comes to checking each applicant’s documents and...
UK Student Visa Refusal: a Successful Administrative Review
Wang Wong is a student from South-East Asia who wants to fulfil his dream of getting a master's degree in the UK. He carefully searched among British universities that offered a biology major,...
One of these clients described how his story began and why he decided not to give up after the refusal.
Sometimes spouses grow apart after many years together. This is what happened to Carry, my wife, and me. She left for the UK, her home country, with our children. I wanted to spend time with my son and daughter, so I decided to relocate too. I did not expect to get a visa refusal. Luckily, I found positive reviews about Imperial & Legal online.
A family visa refusal is a common starting point for an appeal, because such decisions engage the right to family life. Whatever the outcome at first instance, though, it is important to understand in advance what happens after the tribunal decides.
What happens after the tribunal’s decision
The decision is given at the hearing or sent in writing. According to GOV.UK guidance on getting a decision, you will usually receive a copy within 4 weeks of the hearing. There are two possible outcomes.
If your appeal is allowed
The Home Office must revise its decision in light of the tribunal’s findings. If your circumstances have changed in the meantime, it may reconsider the whole application. The Home Office can also seek to appeal the decision, so the result should not be treated as final until the time limit for an onward appeal has passed. If the judge made a fee award, the refund comes from the Home Office. If you have not received it after 60 days, you can contact the Home Office appeals fees team.
If your appeal is dismissed
If the appeal is dismissed, the original refusal stands. You can then appeal to the Upper Tribunal (Immigration and Asylum Chamber), but only on a point of law, not simply because you disagree with how the facts were assessed. The grounds include applying or interpreting the law incorrectly, a procedural failure that affected the outcome, or findings unsupported by the evidence. The process is as follows:
- first, ask the First-tier Tribunal itself for permission to appeal — within 14 days of the date of the written reasons if you are in the UK, or 28 days if you are abroad;
- if the FTT refuses permission or grants it only on limited grounds, you can apply to the Upper Tribunal directly — within 14 days (in the UK) or 1 month (abroad) of the date of the decision;
- there is no fee for applying for permission to appeal.
The deadlines and process follow the GOV.UK guidance on appealing to the Upper Tribunal. Because an onward appeal is only possible on legal grounds, the FTT decision should be analysed as soon as it arrives: the time limit for applying for permission starts to run immediately.
Common mistakes in immigration appeals
Many appeals are lost not because the case was weak but because of mistakes in preparation. The most common are:
- Missing the deadline. 14 days in the UK pass quickly, especially if the letter arrives over a holiday or while you are travelling.
- Choosing the wrong route. An administrative review instead of an appeal, or the other way round, uses up time on a route that cannot deliver the result you need.
- Making a new application mid-process. It withdraws a pending administrative review, and while you have 3C leave you cannot make one at all — only vary the existing application.
- Repeating the original application. An appeal must answer every reason for refusal directly rather than restate the application.
- Weak witness statements. General statements about a “strong family” without specific facts and dates rarely persuade a judge.
- Untranslated documents. Evidence in another language without a certified translation may be disregarded.
- Not preparing for questions. Inconsistencies between the evidence of spouses or relatives at the hearing undermine the credibility of the whole case.
Most of these mistakes can be avoided by working to a plan from the first days after the refusal and checking every document against the reasons for refusal.
A short conversation with a specialist can quickly clarify which route is open and how much time is left. This is especially important if you are in the UK and your current status depends on the outcome of the appeal.
Your immigration status in the UK during an appeal
If you applied to extend your visa before your existing permission expired and the refusal arrived after that date, your leave is extended by law. This is known as 3C leave under section 3C of the Immigration Act 1971. It continues while the time limit for an appeal is running, while an appeal brought from within the UK is pending, and during an administrative review. As a rule, you keep the same conditions, including the right to work if you had it.
3C leave has important limits. It lapses if you leave the UK, and while it continues you cannot make a new application for leave — only vary the one already made. If an appeal is lodged late, 3C leave generally does not cover that period. Meeting the deadline therefore matters not only for the appeal itself but also for the lawfulness of your stay.
For those planning a long-term future in the UK, the outcome of an appeal also affects the route to permanent status. Periods of lawful residence, including time on 3C leave, may count towards an application for Indefinite Leave to Remain (ILR), so the appeal strategy should take the next step into account.
How to prepare for an appeal today
An appeal to the First-tier Tribunal is a real way to challenge a Home Office refusal of a human rights claim, a protection claim or an EU Settlement Scheme application. However, it requires precision with deadlines and serious work on the evidence. If you have just received a refusal, act methodically and without delay.
Key takeaways
- Not every refusal carries a right of appeal: check the refusal letter, which sets out the available route.
- The deadline is 14 days in the UK and 28 days from abroad, from the date you received the decision.
- The tribunal fee is £82 for a decision on the papers and £144 for a decision with a hearing.
- The tribunal considers the merits of the case, so evidence and witness statements are decisive.
- Solicitors, barristers and IAA level 3 advisers can represent clients at the tribunal.
- An FTT decision can only be appealed to the Upper Tribunal if it contains an error of law.
The information on this page is general, current at the date of publication and does not constitute individual legal advice. Rules and fees may change, and the outcome of each case depends on its specific circumstances and the tribunal’s decision. To assess your situation, speak to a specialist.
