You can appeal to the First Tier Tribunal if the Home Office UKVI has refused your EUSS application and you have been given the right to appeal against the refusal decision. An appeal against the refusal of an EUSS application must be filed with the First Tier Tribunal within 14 days of the refusal decision if you submitted your application from inside the UK or within 28 days if you submitted your application from outside the UK.
Our specialist team of EUSS appeal lawyers can provide expert immigration advice and legal representation on a fixed-fee basis concerning your appeal against the refusal of your EUSS application. Ask a question to our specialist team of immigration solicitors for free immigration advice online or book an appointment online for detailed immigration advice with our specialist immigration solicitors for challenging the UKVI decision by way of an EUSS appeal.
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How do our appeal lawyers file your EUSS appeal?
As expert EUSS appeal lawyers, we will file the appeal online using the Myhmcts service. We will ask, in your appeal form, for a decision to be made either:
- just on the information in your appeal form and any documents supplied to the tribunal. This is known as on papers appeal.
- at a hearing that your representatives will attend. This is known as an appeal with an oral hearing.
The tribunal can decide to have a hearing even if you do not ask for one. You’ll be told if this is the case. If the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and documents.
Asking for an oral hearing
You can ask on your appeal form for a decision to be made either:
- just on the information in your appeal form and any documents supplied to the tribunal
- at a hearing that you and your representative can attend
The tribunal can decide to have a hearing even if you do not ask for one. You’ll be told if this is the case and invited to attend. If the tribunal does not hold a hearing, a judge will decide your case based on your appeal form and the documents.
Hearings are carried out in public. You can ask for it to be held in private or to attend by video link, but you must have a reason, for example a public hearing would put you in danger. You can ask for a male or female judge if you think there are issues in your appeal that make it appropriate. The tribunal will decide if it can do this.
Step-by-Step process of an EUSS Appeal
Following is the step-by-step process for an EUSS appeal against refusal of an in-country application for leave to remain or indefinite leave to remain (ILR):
- The appeal process is started using the MyHMCTS service.
- Notice of appeal is submitted online, and the fee for the EUSS appeal is paid online;
- The Respondent provides their evidence in the form of the Respondent's bundle.
- The Appellant builds his/her case by preparing and submitting the Appellant's Bundle of documents;
- The First Tier Tribunal reviews the case, and directions are given to the Respondent for the reconsideration or review of the refusal decision in the light of all the arguments and documents filed with the court.
- The Respondent reconsiders the decision by reviewing the evidence and the refusal decision and either decides to maintain the refusal decision or agrees to withdraw the refusal decision.
- If the Respondent maintains the decision to refuse, the Appellant will submit any specific requirements for the appeal hearing.
- The First Tier Tribunal will then list the matter for an appeal hearing.
- In some cases, there may be a pre-hearing review by the court in the form of a Case Management Review (CMR) hearing before the final hearing.
- The First Tier Tribunal hears the appeal in the presence of all parties if you requested an oral hearing; otherwise, the court will decide the appeal on the papers.
- A decision on the EUSS appeal is normally sent to the parties within 2 to 3 weeks after the appeal hearing or after consideration of the appeal on papers, as the case may be.
How can we help with your EUSS appeal?
Our specialist team of EUSS appeals solicitors and lawyers can represent you in your EUSS appeal and carry out all the work on your EUSS appeal until a decision is made by the Immigration Judge of the First Tier Tribunal (FTT) on your EUSS appeal. The immigration casework to be carried out by our EUSS appeal lawyers on your EUSS appeal will entail the following:
Discussing reasons and advising on grounds: Our EUSS appeals lawyers will discuss the reasons for refusal with you and advise you on potential grounds for appeal against refusal of your application for leave to remain.
Advice on chances of success: Our EUSS appeals lawyers will advise you on the chances of success in your EUSS appeal.
Advice on appeal process and costs: Our EUSS appeals lawyers will advise you on the timeframe, the costs involved and the court procedures for your EUSS appeal.
Filing an appeal online: Our EUSS appeals lawyers will file your EUSS appeal online by completing the relevant online appeal form and help you pay the relevant court fee online for your EUSS appeal.
Drafting grounds: Our EUSS appeals lawyers will draft the grounds of appeal to challenge the refusal of your immigration application in the court, arguing that the refusal of your EUSS application is unlawful and not in accordance with UK immigration laws.
Advice on documentary evidence: Our EUSS appeals lawyers will advise you on the relevant documentary evidence to be submitted in support of the appeal bundle so that the Home Office may approve your EUSS application, upon review of the grounds and the supporting documents.
Complying with court directions: Our EUSS appeals lawyers will liaise with the First Tier Tribunal (FTT) after the filing of the appeal and do all the follow-up work, including complying with any court directions regarding your EUSS appeal;
Preparing witness statements: Our EUSS appeals lawyers will prepare detailed witness statements of all the relevant witnesses who will appear in court to give evidence before the Immigration Judge of the First Tier Tribunal (FTT);
Preparing Skeleton Arguments: Our EUSS appeals lawyers will prepare Skeleton Arguments and file the same with the court and the Home Office Presenting Officers Unit (HOPOU) as per court directions;
Preparing Appellant's bundle of documents: Our EUSS appeals lawyers will prepare the indexed and paginated appeal bundles of all the supporting documents and file the same with the court and the Home Office Presenting Officers Unit (HOPOU) in accordance with the court directions;
Assessing Respondent's bundle: Our EUSS appeals lawyers will assess the Home Office Bundle (also known as Respondent's bundle);
Preparing a brief to Counsel: Our EUSS appeals lawyers will prepare a brief to the Barrister and instruct the Barrister so that the Barrister can represent the Appellant (our client) in the First Tier Tribunal (FTT) before the Immigration Judge;
Arranging a pre-hearing conference with Counsel: Where necessary, our EUSS appeals lawyers will arrange a pre-hearing conference with the Barrister who will discuss your entry clearance appeal case with you and advise you about the court procedure in relation to your EUSS appeal.
Follow-up work: Our EUSS appeals lawyers will do all the follow-up work until the written determination (decision) of your EUSS appeal is received from the court.
Our Fixed Fees For Challenging UK Visa Refusal Decisions
Our fixed fees for challenging UK visa refusals are as given in the fee tables below:
Fixed Fees For Administrative Review (AR) and Pre Action Protocol (PAP)
| Our Service | Our Fixed Fees Range |
| Full service for preparing and submitting an Administrative Review (AR) of the UK visa refusal decision to cover all the work until the decision by the Home Office UKVI on your Administrative Review (AR). | From £700 To £1,500 + VAT, If Applicable |
| Full service for preparing and submitting a Pre Action Protocol (PAP) letter against the Home Office, UKVI, to cover all the work until a decision by the Home Office UKVI on the Pre Action Protocol (PAP) letter. | From £800 To £1,500 + VAT, If Applicable |
The agreed fixed fee will depend on the complexity of your immigration matter and the volume of casework involved in the matter. In addition to our fixed fee for the Administrative Review (AR), the applicant also has to pay the Home Office UKVI fees for the Administrative Review (AR). There is no fee charged by the UKVI for the Pre-Action Protocol (PAP).
No Win No Fee For Judicial Review (JR) Against The Home Office UKVI
- Our specialist team of immigration solicitors can act for your Judicial Review (JR) against the Home Office UKVI on no win, no fee, basis which means you will not have to pay our legal costs if you do not succeed in your Judicial Review and if we do succeed in the Judicial Review (JR) we will recover our legal costs from the Home Office UKVI.
- The no win no fee agreement does not cover disbursements or third-party costs, e.g. court fees and Barrister fees in relation to your Judicial Review proceedings, and you will have to pay such costs for us to prepare and issue the Judicial Review proceedings. If we recover our legal costs from the Home Office UKVI in the event of succeeding in Judicial Review proceedings, the disbursement which you would have paid would be refunded back to you as such disbursements will also be recovered from the Home Office UKVI. However, if we are not able to recover our legal costs from the Home Office UKVI, you will not be able to get the refund of the court fee and the Barrister's fees.
- Please note that we will only take on your case on a no-win, no-fee basis if we find good grounds to challenge the unlawful decision of the Home Office UKVI.
Fixed Fees For Immigration Appeal Against The UK Visa Refusal
Our fixed fees for various stages of the immigration appeal against the refusal of a UK visa are as given in the fee table below:
| Our Service | Our Fixed Fees Range |
| Full service for an appeal to the First Tier Tribunal against the refusal of an entry clearance application or in-country leave to remain application covering all our work until a decision by the Immigration Judge on your appeal or until the Home Office UKVI withdraws the refusal decision as a result of a review of the refusal decision. | From £2,000 To £4,000 + VAT, If Applicable |
| Full service for an application to the First Tier Tribunal for permission to appeal to the Upper Tribunal on a point of error or law made by the Immigration Judge in the appeal determination covering all our work until a decision by the First Tier Tribunal on your permission application. | From £800 To £1,500 + VAT, If Applicable |
| Full service for an application to the Upper Tribunal for permission to appeal to the Upper Tribunal on a point of error or law made by the Immigration Judge in the appeal determination, covering all our work until the Upper Tribunal decides on your permission application. | From £800 To £1,500 + VAT, If Applicable |
| Full service for Upper Tribunal error of law appeal hearing after grant of permission either by the First Tier Tribunal or by the Upper Tribunal, covering all our work until the Upper Tribunal's decision on the error of law appeal hearing. | From £800 To £1,500 + VAT, If Applicable |
| Full service for an application to the Upper Tribunal for permission to appeal to the Court of Appeal on a point of error of law made by the Upper Tribunal Judge in an error of law hearing covering all our work until a decision by the Upper Tribunal on permission application. | From £1,500 To £3,000 + VAT, If Applicable |
| Full service for an application to the Court of Appeal for permission to appeal to the Court of Appeal on a point of error of law made by the Upper Tribunal Judge in an error of law hearing, covering all our work until the Court of Appeal decides on the permission application. | From £1,500 To £3,000 + VAT, If Applicable |
| Full service for appeal to the Court of Appeal after the grant of permission covering all our work until a decision by the Court of Appeal. | From £3,000 To £6,000 + VAT, If Applicable |
The agreed fixed fee will depend on the complexity of your immigration matter and the volume of casework involved in it. In addition to our fixed fee for appeal, you also have to pay third-party fees, e.g., court fees, and the Barrister's fee for the appeal hearing.
