First-Tier Tribunal Appeal Allowed, What Next?

Understanding the First-tier Tribunal Process

If the Home Office refuses your UK visa or immigration application, you can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) to review the decision.

The First-tier Tribunal (Immigration and Asylum Chamber) is the first court to hear appeals against the Home Office’s decisions regarding permission to stay in the UK, deportation from the UK, and entry clearance to the UK. It is independent of the UK government and can overturn the Home Office’s decision.

You can file an appeal to a First-tier Tribunal yourself, or your immigration solicitor can appeal on your behalf. If you’re appealing for yourself, you must send the appeal within 14 days of receiving the refusal notice from the Home Office if you’re in the UK or 28 days if appealing from outside the UK.

If you need to leave the UK to appeal, you must file the appeal within 28 days of leaving the UK. If you apply after this deadline, you must explain why the Tribunal should hear your appeal.

You can use the online service to submit the appeal and present supporting documents. You can ask for a decision to be made solely based on the information in your appeal application or request an oral hearing.

You’ll need to create a Home Office account and submit the appeal using your Home Office reference number.
If a legal representative applies on your behalf, they’ll do so online using their MyHMCTS service. They can only use a paper appeal form if you’re in detention.

If you do not have the right to appeal, you can apply for an Administrative Review or a Judicial Review.

What Happens After a First-tier Tribunal Hearing?

After the immigration appeal hearing, you’ll receive the Tribunal’s decision in person or by post within four weeks of the hearing. The tribunal will either:

• Allow your appeal – this means the Home Office will have to reconsider their decision. It does not automatically mean you can enter or stay in the country
• Dismiss your appeal and agree with the Home Office’s refusal decision

Whatever the outcome of a first-tier Tribunal appeal, both you and the Home Office can appeal the judge’s decision at the Upper Tribunal.

Timeline For First-tier Tribunal Appeal Process

First-tier Tribunal immigration appeals usually take 6 to 12 months, depending on the complexity of the case and the strength of your application.

After hearing your appeal, the tribunal typically sends its decision via email in about four weeks. If the outcome is favourable, the Home Office will revise their decision and grant your visa.

You can appeal to the Upper Tribunal or submit a fresh visa application if your appeal to the First-tier Tribunal is unsuccessful.

An appeal to the Upper Tribunal, whether by you or the Home Office, will significantly increase your visa processing timeline.

Next Steps After a First-tier Tribunal Appeal Is Allowed

If the Tribunal allows your appeal, the Home Office will either reverse their decision and issue you a visa, or they’ll challenge the decision at the Upper Tribunal. The Home Office may have to reconsider your entire case if new information or evidence supporting your claim came up during the appeal.

If the Home Office does not challenge the decision within 14 days, you’ll receive a confirmation of your refugee or immigrant status.

The Tribunal may also order the Home Office to refund your tribunal fee. You can email the Home Office if you don’t receive the’ fee award’ after 60 days.

Prior to 31st October 2024, people who received immigrant or refugee status received a Biometric Residence Permit (BRP) card. However, the Home Office replaced the physical BRP cards with an eVisa on 31st October 2024.

This means you will not receive a BRP card if your favourable appeal decision comes after October 2024. You will have to obtain an eVisa instead.

What Happens if the Home Office Challenges the First-tier Tribunal Decision?

If the Home Office disagrees with the decision of the First-tier Tribunal, they can challenge the judge’s decision by asking for permission to appeal to the Upper Tribunal.

The Home Office must appeal to the Upper Tribunal within 14 days of receiving the First-tier Tribunal’s decision. If the Home Office is granted permission to appeal to the Upper Tribunal, the tribunal will send you details of the appeal, and you may be required to attend a hearing in person or online.

The immigration judge at the Upper Tribunal will review the decision of the First-tier Tribunal and hear the Home Office’s argument as well as yours before making a decision. The Upper Tribunal will either uphold the First-tier Tribunal’s decision or order the First-tier Tribunal to rehear the case based on the evidence presented.

If the Upper Tribunal judge upholds the First-tier Tribunal’s decision to grant your appeal, the Home Office will revise its refusal decision. If it accepts the Home Office’s challenge, it will order the First-tier Tribunal to rehear and redecide the case.

In such a situation, you can request permission to appeal the decision at the Court of Appeal or file for a Judicial Review.

Ensuring Compliance Following Tribunal Appeal Approval

If the First-tier Tribunal grants your immigration appeal and the Home Office does not contest the decision at the Upper Tribunal, they’ll process your application and issue you a visa.

The Home Office will send you an immigrant application approval notice within weeks of receiving the approval decision.

Aside from the decision outcome, the approval letter will contain other essential details such as:

• Status Duration: It specifies the validity of your visa and when you must leave the UK (if applicable)
• Conditions of Stay: The approval letter also outlines details of any conditions or restrictions attached to your visa, such as employment limitations. The conditions of stay depend on your visa type and past immigration history
• Next Steps: It also outlines the steps you’ll take upon receiving your visa, including directions for attending a check-in appointment and obtaining your eVisa (the Home Office’s replacement for Biometric Residence Cards)
• Contact Information: The UK Visas and Immigration’s (UKVI) contact details if you need further clarification or assistance

You must adhere to the conditions of stay stipulated in the approval letter throughout your stay in the UK to maintain legal compliance. Non-compliance with stipulated visa conditions or overstaying your visa breaches UK immigration rules. The UKVI can revoke your visa, detain you, or deport you, depending on the gravity of the immigration offence.

How Can IAS Help You?

Appealing a UK visa or asylum refusal requires meticulous evidence collection, fact-checking, and a strong presentation of your case. While you can file for an appeal yourself, it’s best to get help from an immigration appeal lawyer to avoid any mistakes or errors that can jeopardise your case.

IAS immigration appeal lawyers can help you prepare and submit your immigration appeal application at the First-tier or Upper Tribunal. Our immigration solicitors have years of experience in UK immigration law and are conversant with the nuances of immigration rules and the demands of the Home Office.

We’ll help collect necessary supporting documents, submit the appeal, prepare your appeal hearing arguments, and provide legal representation during the hearing.

We are available to assess your situation and assist you at any time. Contact us today via email, our online contact form, or at +44 (0)333 414 9244 to speak with one of our immigration appeal solicitors.