How to prepare for an appeal hearing in the UK

It is not always easy to get a UK visa the first time. Though there are laws in place that protect human rights, there are also many unforeseen obstacles and red tape that come into play. They can stop you from obtaining a residence permit, a job you desperately want or starting a successful business. If you are refused a visa to Great Britain, there can be three options available to proceed (check a refusal letter): a review, an appeal or a new application. Here we will talk about appealing a UK visa refusal.

Preparing and submitting UK appeal

Before you start doing it yourself, bear in mind that it takes a lot of attention to detail, knowledge and effort where any mistake and omittance can cost you time and money. Therefore, once you receive a refusal letter, it is recommended getting in touch with qualified immigration lawyers in the UK or another country where you are going. They will analyse a letter and reasons for refusal, draft all necessary paperwork, help with supporting evidence and lodge an appeal. After this the Tribunal will send you a letter with a date and time of a hearing.

What happens at an appeal hearing

Before you go to court, do your homework, and double-check what is going to happen there. This way you will be prepared. If are not 100% sure, ask your immigration lawyer to accompany you and represent your interest at a hearing. They have experience to guide you through it without pitfalls and mistakes.

A hearing can be postponed to another date if it cannot be held on the appointed one, but there must be a solid reason, for example, a judge is off sick, or something happened from your side. Here are key questions and answers that you should read before an appeal hearing.

Who must be present in court?

It is up to you who you want to be there at a hearing, you alone, you and a lawyer and/or witnesses. It depends on your case and should be discussed beforehand with an immigration lawyer. If you don’t speak fluent English and will struggle with legal terms, you can ask for a translator to be provided. The Home Office representatives will also be invited to attend a hearing, but even if they do not come, it will be conducted without them.

Why do I need a hearing?

If you want your appeal to be heard in court or the tribunal insists that it is necessary, you must attend a hearing personally, give true testimony and answer questions from a respondent and a judge. One hearing might not be enough and the court will arrange another one to add more documents to the case and to hear remaining witnesses. You can choose not to have a hearing, but it means you won’t be able to share your facts and information and counterargue the respondent’s arguments.

Can a hearing be adjourned?

If an appeal hearing drags on and there is not enough time for the court to make a decision, it will be declared partially held and adjourned to another date. Next time, same people must be present at a hearing.

When do I get a decision on my appeal?

A decision on your appeal will be announced orally after the hearing and then sent to you by post.

What will a judge decide?

A judge can either approve your appeal or support the refusal of immigration authorities. In the first case, the Home Office must review their decision; second ruling means that your appeal was fruitless and the court confirmed that the Home Office refusal was lawful.

Remember that a court ruling in the UK can also be appealed by you or the Home Office. If you believe in your arguments and want to go to the end, get professional help from immigration lawyers that will represent you in court, minimise risks and make sure your case is considered and heard in accordance with laws and regulations.