Appeals - visas and entry clearance

This page explains how you can appeal against an immigration decision made outside the UK or at the UK border.

There is a different procedure (known as 'administrative review') if we refuse your application for a visa under the points-based system. The Administrative review page describes this procedure.

If we refuse your application, we will send you a letter informing you of our decision. This is called your 'notice of decision'. The notice of decision will also state your appeal rights.

Applicants for some types of visa have full rights of appeal if their application is refused. The most common types of visa applicant with full rights of appeal are:

• family visitors, who want to visit qualifying family members in the UK; and
• partners, children and other dependent relatives of British citizens or settled persons, who are seeking to come to the UK with a view to settlement.

If you have the right of appeal, we will send you an IAFT-2 appeal form with your notice of decision. We will also send an information document explaining how to complete the appeal form.

For decisions made on or after 19 December 2011, a fee will need to be paid, in most circumstances, in order to submit an appeal to the the First-tier Tribunal (Immigration and Asylum Chamber) (FTTIAC). Details of fee amounts and when a fee needs to be paid are on the guidance accompanying the Notice of Appeal and on the Ministry of Justice website.

Making an appeal

If you want to appeal and you have the right to appeal, you must complete form IAFT-2 in English.

You should explain on the form why you think we were wrong to refuse your application. It is in your interest to complete the form as thoroughly as possible. You must provide a current contact address.

You or your representative (if you have one) must sign the form, or it will be returned to you.

If you have documents supporting your grounds for appeal, you should send these with the appeal form. These documents must be in English or accompanied by a certified translation. Use standard A4-sized paper only for your supporting documents, and do not use staples. Paperclips are acceptable.

For appeals against decisions dated before 19 December 2011

You must send the completed IAFT-2 appeal form and your notice of decision to:

• the First-tier Tribunal (Immigration and Asylum Chamber) (FTTIAC) in the UK; or
• the visa section that decided your application, which will forward your appeal to the FTTIAC.

You must not send your appeal to both locations. You can find the FTTIAC's contact details below.

The FTTIAC or visa section must receive your appeal form no later than 28 calendar days after the date when you received your notice of decision.

For appeals against decisions dated on or after 19 December 2011

You must send the completed IAFT-2 appeal form and your notice of decision to:

• the First-tier Tribunal (Immigration and Asylum Chamber) (FTTIAC) in the UK; or
• submit your appeal online on the Ministry of Justice website.

You can find the FTTIAC's contact details below. The FTTIAC must receive your appeal form no later than 28 calendar days after the date when you received your notice of decision.

What happens next?

You appeal will only be accepted on receipt of your payment. When FTTIAC receive your appeal and payment they will notify the visa application centre that refused the application by sending them a notice of receipt.

An entry clearance manager (ECM) at the visa section will then review our decision to refuse your application, in light of your appeal form and any supporting documents that you have sent. If the ECM is satisfied that your application meets the Immigration Rules, they may overturn our original decision and issue you with a visa or entry clearance.

If the ECM does not overturn the decision, an entry clearance officer (ECO) will write a statement to explain why the ECM decided to uphold the decision to refuse your application. We will send this and all your papers (known as 'the appeal bundle') to the FTTIAC. We will prepare and send your appeal bundle within:

• 20 working days for non-settlement and family visitor cases; or
• 90 working days for settlement cases.

These timings exclude postage times to and from the visa section.

The FTTIAC will:

• list your appeal for hearing;
• send copies of all the relevant papers (including the ECO's written statement) and supporting documents to us and to your representative or sponsor; and
• advise you of the date and time of your hearing. We have no control over when your appeal will be heard.

An immigration judge will hear your appeal in the UK. When considering your appeal, the judge will look at all the evidence provided by your representative and by the ECO. He or she will determine your appeal on the individual details of your case in line with the Immigration Rules.

The judge will inform the FTTIAC of his or her decision no more than 10 days after the hearing. The FTTIAC will then send that decision (known as a 'determination') to everyone involved.

If your appeal is successful

If the judge allows your appeal, his or her determination will be sent to the relevant visa section, which will in turn contact you.

It can take up to 4 weeks for determinations to reach the relevant visa section, and a further 8 weeks for them to be processed. The visa section will write to you using the contact details provided on your appeal form IAFT-2.

Please do not contact the visa section until 12 weeks after the date when you or your representative received the judge's decision. This date will be stated on your written determination.

Do not contact the FTTIAC or our immigration enquiry bureau about your appeal after you have received your allowed determination. They will not be able to issue you with a visa or deal with your enquiry.

Contact the First-tier Tribunal

To submit an appeal to the FTTIAC, send it to:

First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester
United Kingdom
LE1 6ZX

Fax: (+44) (0)116 249 4214

To find out about the progress of an appeal, or for more information about the appeals system, contact:

First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 7866
Loughborough
United Kingdom
LE11 2XZ

Phone: (+44) (0)845 600 0877

Fax: (+44) (0)1509 221403

Email: customer.service@tribunals.gsi.gov.uk