Time limit to lodge an Appeal towards the refused decision

Time limits in immigration appeals

(1) Lodging notice of appeal to the First-tier Tribunal against a decision of the UKBA

Appellant in UK and not in immigration detention: must be received by the First-Tier Tribunal within 12 working days (2+10) after the date on which the UKBA's decision was sent out (or 5 working days if it was served personally or electronically).

Appellant in UK and in immigration detention: must be received by the First-tier Tribunal within 7 working days (2+5) after the date on which the UKBA's decision was sent out (or 5 working days if it was served personally or electronically).

Appellant outside UK: must be received by the First-tier Tribunal within 28 days (not working days) after the date on which the UKBA's decision was served.

(2) Lodging application for permission to appeal against a decision of the First-tier Tribunal

Appellant in UK: must be received by the First-tier Tribunal within 7 working days (2+5) after the date on which the First-tier Tribunal's  determination was sent out (or 5 working days if served personally or electronically)

Fast track: must be received by the First-tier Tribunal within 4 working days (2+2) after the date on which the First-tier Tribunal's determination was sent out (or 2 working days if served personally or electronically)

Appellant outside UK: must be received by the First-tier Tribunal within 56 days (not working days) (28+28) after the date on which the First-tier Tribunal's determination was sent out (or 28 days if served personally or electronically)

(3) Lodging renewed application to the Upper Tribunal for permission to appeal against a decision of the First-tier Tribunal

Appellant in UK: must be received by the Upper Tribunal within 7 working days (2+5) after the date on which the First-tier Tribunal's refusal of permission was sent out (or 5 working days if notice sent electronically or delivered personally)

Fast Track: must be received by the Upper Tribunal within 4 working days (2+2) after the date on which the First-tier Tribunal's refusal of permission was sent out (or 2 working days if notice sent electronically or delivered personally)

Appellant outside UK: must be received by the Upper Tribunal within 56 days (not working days) (28+28) from the date on which notice of First-tier Tribunal's refusal of permission was sent out (or 28 days (not working days) if notice sent electronically or delivered personally)

(4) Lodging application for permission to apply for judicial review of a decision of the Upper Tribunal refusing permission to appeal

All cases: must be received promptly, and in any case within 3 months of the date of the decision

(5) Lodging application for permission to appeal to the Court of Appeal against a substantive decision of the Upper Tribunal

Appellant in UK and not in immigration detention: must be received by the Upper Tribunal within 12 working days (2+10) from the date on which the Upper Tribunal's determination was sent out

Appellant in UK and in immigration detention: must be received by the Upper Tribunal within 7 working days (2+5) from the date on which the Upper Tribunal's determination was sent out

Appellant outside UK: must be received by the Upper Tribunal within 38 days (not working days) (28+10) from the date on which the Upper Tribuanl's  determination was sent out

(6) Lodging renewed application for permission to appeal to the Court of Appeal directly to the Court of Appeal

Appellant in UK: must be received by the Court of Appeal within 2 working days from date on which the Upper Tribunal's refusal of permission was sent out PLUS 14 days (2+14)

Appellant outside UK: must be received by the Court of Appeal within 42 days from the date on which the Upper Tribunal's refusal of permission was sent out (28+14)

British High Commission playing foul

There have been instances when an application for dependant visa is made and refused by the Entry Clearance officer or Visa officer, ECO for a reason which is not satisfactory with a right of appeal.

The applicant exercises the right of appeal at the First Tier court (AIT) in the UK.
The appeal is allowed (Won by the applicant) by the respected Tribunal.
The letter of allowed appeal is received by the applicant in his home country but, the british high commission goes on to claim that the notice of service has not been received at their end from the AIT. Until they receive they cannot request for the passport from the applicant, for the visa which is insane.

AIT, shoots two copies of the outcome, one to the applicant or his/her representative and another to the diplomatic post the applicant applied to. Even if the decision is challenged by the ECO the decision is sent out to the applicant. In most cases the ECO's do not tend to do that once the respected tribunal has announced their decision unless they think there has been an error of law whilst hearing the appeal.
This process of not requesting the passport for stamping takes sometime more than a couple of weeks and in some cases it has take just a week before the principal applicants visa is expiring. The ECO requests the passport and stamps the visa, but within a week or may be in the same week the visa of the principal applicant is expiring.
These sort of horrors are mainly experienced by Student Visa dependants, Tier 2 visa holders and Tier 1.

I do not know whether this process is sometimes thought to be done deliberately. I have no such claims proving that but, have many known applicants who have faced such a horror.

If you or your dependant think, are a part of this foul, then do let me know. I may be able to help you by advising to write to higher authorities which can look into this matter. Postal delays cannot be for weeks and months. If applicant receives the decision why does not the british high commission?

In order for me to help you, one will have to elaborate their case when they choose to have a limited advise from me.

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Tier 4 UK student visa registered institution & Biometric card

UKBA and Biometric card

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/registerofsponsorseducation

* This list of registered sponsor institutions in the UK to claim 30 points keeps on updating constantly. You need to check the link each time before making the application to the Vfs-UK in India. This is help to know if the college or university is taken off the sponsor list or not. If so, you need to change the institute in order to save your application from a refusal.


This is a list of organisations licensed to sponsor migrants under Tier 4 of the Points-based System. It shows the organisation's name (in alphabetical
order), the tier(s) they are licensed for, and whether they are HTS, A-rated, B-rated or Legacy against each sub-tier.  Legacy sponsors cannot sponsor
any new students. They can continue to sponsor existing students who are already studying with them until either they finish their course or until
their licence expires, whichever happens first. A sponsor may be licensed under more than one tier, and may have different ratings for each tier


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Visa Appeals Out of time

The visa appeals if lodged after the deadline will be deemed as out of time appeal and thus, the candidate might lose a chance of him to represent his case to more learned Judge than the Entry clearance officer.

If there are any out of time notices served, there is still an avenue you can use a legitimate reason for its acceptability by the First tier court.

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9th July 2012 Limited Right of Appeal

Which applications at the British High Commission will attract a limited right of appeal?

From July 9 2012 applications for the following attract a limited right of appeal:

1. General visitors

2. Applicants refused a visa to visit a non qualifying relative (an aunt, uncle, niece, nephew or first cousin will no longer be able to lodge a full right of appeal, even if the relative they are visiting has the required status)

3. Business visitors

4. Academic visitors

5. Doctors on clinical attachments and dental observers

6. Student visitors

7. All points-based system categories

8. Dependants applying at the same time as the principal applicant, when the principal applicant is refused

9. Refusal under paragraph 320 (1) - 320 (6).

Applications received before 9 July 2012 which are subsequently refused should be given a right of appeal in accordance with the regulations in force at the time their application was made. (Immigration Appeals (Family Visitor) Regulations 2003).

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10 year UK Visa ban Para 320 7A

Flow chart that is flowed by the entry clearance officer before refusing under para 320 can be found at the link

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/ecg/rfl3207a-flowchart.pdf

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Family Visitors visa appeal abolished!

On 18 June 2012, the Immigration Appeals (Family Visitor) Regulations 2012 come into force today (9 July 2012). The regulations set out who qualifies for a full right of appeal against a visa refusal to visit family in the UK.

The above changes the appeal rights of family visit visa applicants.

If you are applying to visit your uncle, aunt, nephew, niece, first cousin, or a relative who does not have settled, refugee or humanitarian protection status in the UK, and we refuse your visa application, you will not have a full right of appeal. A limited right of appeal will remain on human rights and race discrimination grounds.

It is very important for you to answer the question correctly;
1. What is the relationship with you and the person in the UK?

2. Where are you going to stay?

If the answer to 1  is sister for example and the answer to 2 is staying at a different place than the sister, lets a friends place then the Entry clearance officer may refuse your application without a right of appeal.
According to a learned Judge with first tier court, sometimes family visitors do stay at a different place from their immediate relatives place viz; Hotel as well

Applicant if refused without a right of appeal despite being qualifying for VAF1 B criteria, must challenge this decision with the Entry clearance manager.

No changes are being made to the Rules governing who can qualify for entry to the UK as a visitor and genuine visitors are welcome.