UK Immigration Appeal & Status Guide 2024

IN THIS SECTION

If you’ve received an unfavourable decision from the UK Home Office for an immigration application or about your immigration status, you’ll want to understand your options and next steps.

The UK immigration system offers the following to individuals looking to challenge an immigration decision or resolve an issue with their immigration status:

 

1. Make an appeal or request a review:

 

a. Appeal against a visa or immigration decision: Challenging Home Office rulings through the First-tier Tribunal on legal and procedural grounds.

b. Appeal a decision by the immigration and asylum tribunal: Requesting a higher court review the ruling for errors in law or procedural fairness issues.

c. Request a visa administrative review: Contest a decision without new evidence, focusing solely on alleged case handling errors.

d. Visa and immigration reconsideration requests: Asking the Home Office to review a visa or immigration decision, focusing on potential errors in the initial assessment.

e. Immigration and asylum tribunal appeal decisions: Find out decisions made by the Upper Tribunal (Immigration and Asylum Chamber).

 

2. Immigration status problems:

 

a. Immigration reporting centres: Used to monitor individuals, ensuring compliance with conditions while their UK immigration status or claims are being processed or reviewed.

b. Immigration detention bail: Securing temporary release from detention while awaiting resolution of immigration status or removal from the UK

c. Find an immigration removal centre: Find facilities where individuals are held pending their immigration status resolution or deportation from the UK.

d. Get help to return home if you’re a migrant in the UK: Practical support services and information.

 

In this guide, we explain these main routes and options to appeal, contest or challenge a UK immigration decision, and outline the procedures and available support to deal with UK immigration status issues.

 

Section A: Make an Immigration Appeal or Request a Review

 

When faced with an unfavourable visa, settlement, or asylum decision in the UK, you may have the right to challenge the outcome through either an appeal or a review process.

Understanding how the immigration appeals and review process is vital. It ensures that individuals are well-prepared to contest a decision, potentially influencing their life and future in the UK.

Each option involves specific procedural steps and requires detailed documentation and a strong argument to succeed. Knowledge of these processes and options helps to reduce the risk of delays and increases the likelihood of a positive outcome.

Due to the complexities involved in immigration law, obtaining legal advice can be crucial in determining the best course of action, whether it be reconsideration, an appeal, or another form of review.

 

1. Appealing against a Visa or Immigration Decision

 

If you believe a mistake has been made in the processing of your visa or immigration application, you may be able to file an appeal with the First-tier Tribunal (Immigration and Asylum).

Appealing against a visa or immigration decision in the UK is a legal process available to individuals who believe their application has been unfairly rejected.

While the right to appeal is a fundamental aspect of immigration law, under the current system, it is only available in limited circumstances.

The Immigration Act 2014 abolished most immigration appeal rights in the UK, meaning most immigration refusals do not have a right of appeal. The right of appeal is now generally only available in matters relating to human rights, asylum and the EU Settlement Scheme.

If you have the right to appeal, this will be stated in your decision letter.

If you do not have the right of appeal, you could consider pursuing an Administrative Review of your case, as we detail below.

Read our detailed guide to appealing a Home Office visa, settlement or citizenship decision here >>

 

a. Overview of the Immigration Appeals Process

If eligible, you must file your appeal with the First-tier Tribunal (Immigration and Asylum Chamber). This must typically be done within 14 days if you are inside the UK or within 28 days if you are outside the UK.

How you appeal will depend on whether you are appealing your own case,  if you are being represented by a legal adviser, and whether you are applying from in the UK or overseas.

Generally, the process will involve making an online written submission detailing the grounds for appeal. You may also request for an appeal hearing to be heard to decide on your case.

Appeals must be based on certain grounds, such as incorrect application of the law, issues in the handling of evidence, or procedural errors. Gathering substantial evidence is crucial. This includes documentation that supports your reason for appealing, such as proof of inaccuracies in the decision, new evidence, or legal arguments that highlight errors in the application of the law.

The appeals process costs £80 without a hearing, or £140 with a hearing. Help may be available for some applicants based on their circumstances.

You may be able to request for your appeal to be considered on an urgent basis, if you can show sufficient grounds.

After reviewing the evidence and hearing arguments from both sides, the First-tier Tribunal will issue a decision. If the tribunal finds in your favour, the Home Office may be ordered to reverse their decision or reconsider your application.

 

b. Key Points to Consider When Filing an Appeal

1. Timeliness: Ensure that you file your appeal within the designated time limits. Late submissions might be accepted only with a compelling reason for the delay.

2. Legal Representation: Consider obtaining professional legal advice. Immigration law can be complex, and having an experienced immigration lawyer can significantly impact the success of your appeal.

3. Evidence: Compile comprehensive and robust evidence to support your case. This includes any correspondence with the Home Office, supporting documents relevant to your claim, and expert testimonials, if applicable.

4. Costs: Be aware of the potential costs involved. Apart from legal fees, there may be costs for submitting certain forms and for accessing additional proceedings, should your initial appeal be denied.

5. Mental and Emotional Preparation: Appeals can be lengthy and stressful. Prepare yourself mentally and emotionally for the process, and seek support from community groups or counselling services if needed.

 

2. Appeal a Decision by the Immigration and Asylum tribunal

 

If you disagree with a decision made by the First-tier Tribunal (Immigration and Asylum Chamber) in your appeal, you might have further rights to challenge this decision at the Upper Tribunal (Immigration and Asylum Chamber), depending on the nature and facts of your case.

The Immigration and Asylum Tribunal is an independent body responsible for hearing appeals against decisions made by the Home Office regarding visa, asylum, and immigration matters.

This step involves complex legal considerations and typically requires the assistance of a legal professional.

 

a. Overview of the Tribunal Process

The first step in the tribunal appeal process is to ask the First-tier Tribunal (Immigration and Asylum Chamber) for permission to appeal to the Upper Tribunal. This is only possible if you can show there has been a legal error in the decision of the First-tier Tribunal.

You must file your application for permission to appeal within 14 days of receiving the decision from the First-tier Tribunal (or within 28 days if you are outside the UK). This application should clearly outline the legal errors you believe were made in the First-tier Tribunal’s decision.

If permission to appeal is granted, the Upper Tribunal will review your case. This does not necessarily involve a new hearing; the review might be conducted solely on the basis of legal arguments submitted in writing.

The Upper Tribunal can either uphold the First-tier Tribunal’s decision, overturn it, or send the case back to the First-tier Tribunal for re-consideration with specific instructions.

If you are refused permission to appeal to the Upper Tribunal, or if the appeal is allowed on limited grounds only, you may be able to apply directly to the Upper Tribunal for permission to appeal if the First-tier Tribunal refuses.

 

b. Key Points to Consider With Tribunal Appeals 

1. Legal Representation: Due to the complexity of tribunal proceedings and the focus on legal arguments, having skilled legal representation is highly advisable to increase your chances of a successful appeal.

2. Documentation and Evidence: Ensure that all documentation and evidence are meticulously prepared and relevant legal points are clearly highlighted.

3. Understanding the Grounds for Appeal: Appeals to the Upper Tribunal are restricted to points of law. This means you need a strong legal basis for your appeal, not just dissatisfaction with the outcome.

4. Emotional and Financial Preparedness: Be prepared for the possibility of a prolonged legal process, which can be emotionally taxing and financially demanding.

 

3. Visa Administrative Reviews

For decisions where the right to appeal is not automatically granted, you may request an Administrative Review.

An Administrative Review is a procedure that allows visa applicants to have their case re-examined without appealing to a tribunal. The Administrative Review can examine points-based system decisions where points were miscalculated, decisions where there was an alleged oversight of key documents or facts and claims that the law has been incorrectly applied.

Administrative Reviews are handled by different officials within the Home Office, providing an opportunity for a second evaluation of your application.

Read our detailed guide to the UK immigration Administrative Review process here >>

 

a. Administrative Review Process

You can request an Administrative Review if you receive a decision that explicitly states you are eligible for it. This is common in points-based system applications and other non-settlement visa refusals.

The decision letter from the Home Office will specify whether you are entitled to request an Administrative Review and the deadline for doing so.

You typically need to request an Administrative Review within 14 days of receiving the decision if you are within the UK, or within 28 days if you are outside the UK.

To apply, you submit your request for an Administrative Review using the form provided by the Home Office, which can usually be completed online. There is a fee associated with the request.

Clearly state the reasons why you believe an error has been made in the decision. You should not introduce new evidence or arguments but focus on errors in the original decision-making process.

After submitting your request, the review will be conducted, and you will receive a decision. This could confirm the original decision, withdraw it, or result in a different outcome based on the review of the specifics of your case.

 

b. Key Points to Consider With Tribunal Appeals 

1. No New Information: Remember, an Administrative Review is not an opportunity to present new evidence. It is solely for reviewing the original decision based on existing information.

2. Impact of Decision: If the Administrative Review is unsuccessful, you might still have other legal avenues available, such as a formal appeal or judicial review, depending on the nature of your case.

3. Advisability of Legal Advice: Given the complexity and limitations of the review process, consulting with a legal expert in immigration law can be beneficial to effectively navigate the process.

 

4. Visa and Immigration Reconsideration Requests

 

In the UK, if you believe there has been an error in the handling of your visa or immigration decision, you might be eligible to request a reconsideration.

A reconsideration is not a formal appeal or review but a request for the Home Office to re-evaluate your application due to new evidence or corrections of factual mistakes.

This process is distinct from formal appeals and administrative reviews and is used in specific circumstances.

Not all decisions are eligible for reconsideration, so it is important to understand the specific circumstances under which this option is available.

 

a. Procedure for Requesting a Reconsideration

Reconsideration requests are not universally available for all types of visa and immigration decisions. Eligibility typically depends on the specific Home Office guidelines applicable at the time of your application decision. It is generally offered in situations where there might have been a clear error in processing the initial application.

If your decision letter suggests that a reconsideration is possible, you can request one typically by writing directly to the office that issued the last decision. This request should be made promptly, often within 14 days of receiving your decision, to ensure that it is considered in a timely manner.

In your request, clearly outline the error you believe occurred in the decision-making process. Provide any relevant reference numbers and copies of previous correspondence, if applicable. Unlike an appeal or a review, you generally cannot introduce new evidence. The focus should be on errors in the existing process or oversight.

The decision to grant a reconsideration rests with the Home Office, and if accepted, the original decision will be reviewed and possibly changed if an error is acknowledged.

 

b. Difference Between Visa Reconsideration and Appeals

Reconsideration requests are typically used to correct clear errors or oversights in the processing of an application without introducing new evidence. Appeals, on the other hand, are formal legal processes where the entire case can be reviewed, and new evidence and arguments are often introduced.

Reconsiderations are less formal than appeals and are handled internally by the Home Office. Appeals are processed through the Immigration and Asylum Tribunal, which is a formal judicial body.

The scope of a reconsideration is generally limited to the evidence and documentation originally submitted. Appeals can examine broader legal and procedural issues and allow for a more comprehensive review of the case, including new information.

The outcomes of reconsiderations can result in quick corrections of simple errors, whereas appeals can lead to a full re-evaluation of the decision and potentially a legal precedent.

 

5. Find Out Immigration and Asylum Tribunal Appeal Decisions

 

The Home Office operates an online system with details of the decisions made by the Upper Tribunal (Immigration and Asylum Chamber). Decisions from the First-tier Tribunal are not available to the public.

To find out the results of appeals made to the Upper Tribunal (Immigration and Asylum Chamber), you can search using a case number, the name of the person appealing, the judge’s name, the country of origin of the appellant, or specific keywords related to the case.

Upper Tribunal decisions often involve complex legal issues and are appeals against the rulings made by the First-tier Tribunal. The system is designed to provide direct access to past decisions, helping users understand the tribunal’s reasoning and outcomes in similar cases.

 

Section B: Immigration Status Problems

 

Problems related to immigration status also have to be dealt with promptly and correctly to avoid complications that could severely impact your life in the UK, affecting your ability to live, work, or study legally within the country. Delays or missteps in responding to status issues can lead to severe consequences, including detention or deportation.

 

1. Common Immigration Status Problems

 

Common UK immigration status includes:

 

a. Visa Expiry and Overstaying

One of the most frequent issues arises when individuals remain in the UK beyond the expiry of their visa without renewing it or changing their status. This can lead to illegal overstaying, which has serious legal repercussions.

 

b. Changes in Circumstances

Changes in your employment, family status, or financial situation can affect your visa conditions. Failure to report these changes or to adjust your visa accordingly can result in status issues.

 

c. Refusal of Visa Extensions or Changes

Applications for visa extensions or changes in visa type can be refused if not correctly filed or if the applicant does not meet the necessary criteria, leading to potential status problems.

 

d. Documentation Errors and Losses

Simple errors in visa or immigration documentation, such as misspelt names, incorrect dates, or lost documents, can lead to significant issues with legal status.

 

2. Importance of Resolving Immigration Status Issues

 

Failure to address immigration status problems can lead to detention, deportation, or entry bans, severely impacting an individual’s life and future prospects in the UK.

Resolving status issues provides stability and security, allowing individuals and families to plan their futures without the constant fear of sudden legal challenges.

Without your immigration status being in order, you are likely to experience disruption and inconvenience in your daily life. Correct and legal immigration status is also crucial for accessing healthcare, employment, education, and other public services in the UK.

 

3. Steps to Resolve Status Issues

 

To resolve problems with your status, options include:

 

a. Seeking Professional Advice: Consulting with an immigration lawyer can provide guidance tailored to your specific situation, helping you understand your options and the best course of action.

b. Regularising Your Status: Take proactive steps to rectify your status through the appropriate legal channels, such as applying for a visa extension, seeking asylum, or correcting errors in your documentation.

c. Staying Informed: Keeping up-to-date with the latest immigration laws and requirements is crucial as these can change frequently and impact your status.

 

4. Immigration Reporting Centres

 

Immigration Reporting Centres are facilities operated by the Home Office where individuals who do not yet have a stable immigration status or whose status is under review are required to report as part of their immigration conditions. These centres are a critical component of the UK’s immigration management system.

Reporting centres monitor individuals who are going through the immigration process or are awaiting a decision on their immigration status. Regular reporting ensures compliance with immigration laws and allows the Home Office to keep track of individuals within the system.

These centres often serve as points of contact for individuals to receive updates about their immigration cases or to submit additional documentation as required by the Home Office.

While primarily regulatory, reporting centres can also provide guidance on the next steps in the immigration process and direct individuals to additional support services if needed.

There are several Immigration Reporting Centres across the UK, strategically located in major cities and accessible regions to accommodate the geographical spread of immigrants. Key locations include London, Birmingham, Manchester, Glasgow, and Cardiff, among others.

 

a. What to Expect During an Immigration Centre Appointment

If you have an appointment at an immigration centre, you will be notified by text message, email or letter.

Visits are usually brief but can vary depending on the specifics of your case. You might be required to report weekly, monthly, or at other specified intervals.

The frequency of required visits often depends on several factors, including the type of immigration case and any previous issues with compliance.

Upon arrival, you will typically check in, often by providing identification and your Home Office reference number. You may be required to confirm your address and personal details, ensuring that all records are up to date.

Some visits may include a brief interview or meeting with a reporting officer. This is a chance to discuss your case, provide updates on your circumstances, or receive instructions on further actions.

You should be prepared to answer questions about your current situation, including any changes in your employment, living conditions, or family status.

Always bring any requested documents, such as proof of address, identification, and previous letters from the Home Office.

It’s advisable to arrive prepared with any questions or concerns about your case, as this may be your only regular face-to-face contact with immigration officials.

Expect security measures similar to those at other government buildings. You might be searched upon entry, and there are usually strict rules regarding what you can bring into the centre.

Professional and cooperative behaviour is expected during your visit.

This overview provides a comprehensive guide to what Immigration Reporting Centres are, their role within the UK immigration framework, and practical advice on what to expect when visiting these centres, helping individuals navigate their interactions with immigration authorities effectively.

 

5. Immigration Detention Bail

 

Immigration detention in the UK is the practice of holding individuals who are subject to immigration control and are either awaiting a decision on their immigration status or are pending removal from the country.

Detention is typically used when there is a concern that an individual may abscond or if their presence in the community is considered a risk.

Immigration bail allows those who are detained under immigration powers to be released under certain conditions while their case is processed or while they await deportation.

Individuals on immigration bail must usually meet certain conditions, such as regularly reporting to an Immigration Reporting Centre or police station, residing at a specified address, or having a financial condition supporter who agrees to pay money if the bail conditions are breached.

 

a. How to Apply for Immigration Bail

You can apply for bail if you have been detained by immigration authorities and are being held in an immigration removal centre, a detention centre or a prison.

You can apply for bail in the UK through two main routes: Secretary of State bail from your first day in the UK or, after eight days, through the First-tier Tribunal (Immigration and Asylum Chamber).

Applications to the Home Secretary are decided by Home Office staff without a hearing, using form BAIL401 available from welfare officers or your detention paperwork.

For tribunal bail, use form B1, available online or through detention centre staff, and submit it to the tribunal for a decision by a judge at a hearing.

If detained for over four months without a national security threat, action to deport, or recent bail application, the Home Office will automatically refer you for a tribunal bail hearing. You can decline this or apply yourself.

Hearings usually occur via video-link, when the Home Office may present their case as to why they believe detention should continue, and you or your legal representative will need to convince a judge that you will comply with the conditions of bail and will not abscond.

If granted bail, conditions typically include regular reporting to an Immigration Reporting Centre, living at a specified address, and sometimes a financial guarantee from a supporter.

Having a supporter or surety can strengthen your bail application. This person pledges to pay a sum of money if you fail to comply with your bail conditions.

The supporter should be someone legally resident in the UK, like a family member or close friend, who can vouch for your compliance with bail conditions.

Breaching bail conditions can lead to re-detention and could negatively impact future immigration applications.

It is advisable to seek legal advice when applying for bail. A lawyer specialising in immigration can help prepare your case, ensuring all necessary documentation and arguments are presented effectively.

 

6. Find an Immigration Removal Centre

 

Immigration removal centres in the UK are facilities where individuals who are being detained under immigration laws are held. These centres are specifically for people who are waiting to find out whether they will be allowed to enter the UK before they are deported.

Some of the major immigration removal centres in the UK include:

 

a. Brook House, Gatwick

b. Colnbrook, Middlesex

c. Derwentside, County Durham

d. Dungavel House, South Lanarkshire

e. Harmondsworth, Middlesex

f. Larne House short-term holding facility, Antrim

g. Manchester short-term holding facility

h. Swinderby short-term holding facility

i. Tinsley House, Gatwick

j. Yarl’s Wood, Bedfordshire

 

The following are considerations when dealing with removal centres:

 

a. Communicating with Detainees
Ensure you understand the visitation rules of the specific center. Some centers require appointments to be booked in advance and have strict ID requirements for visitors.

Detainees should have access to legal representation. Encourage them to maintain regular contact with their lawyer to address their case effectively.

 

b. Health and Welfare Concerns

If there are concerns about a detainee’s health or access to medical care, it’s important to raise these issues with the centre’s healthcare unit. Documentation from previous medical treatments should be provided to the centre’s medical staff.

Detention can be stressful and impact mental health. Support for mental health issues should be requested where necessary.

 

c. Safety and Security

If there are safety concerns, such as threats from other detainees or inappropriate behaviour from staff, these should be reported immediately to the centre management or to an outside body like a legal advisor or rights group.

Familiarise yourself with the centre’s complaints procedure. Most centres should have a clear process for detainees and their families to report issues and seek resolutions.

 

d. Preparing for Release or Deportation

Ensure that all personal documentation and belongings are accounted for upon release or before deportation.

Contact support services that can assist with post-detention adjustments, whether the detainee is released into the UK community or deported.

 

7. Get Help to Return Home If You’re a Migrant in the UK

 

Many migrants in the UK, whether their stay has been temporary or prolonged, may decide to return to their home country. Various resources and assistance programs are available to help facilitate this return, ensuring that migrants can do so safely and with adequate support.

 

a. Resources Available for Migrants Wishing to Return Home

 

1. UK Government’s Voluntary Returns Service (VRS)

This Home Office programme is designed to help migrants who wish to return to their home country voluntarily. The service can provide assistance with travel arrangements and sometimes even financial support to help with the reintegration process.

The service is generally available to those who do not have legal permission to stay in the UK or those who are withdrawing an ongoing application for leave to remain.

It includes flight bookings, travel document assistance, and sometimes a financial reintegration package that can be used upon return to help with setting up businesses, education, or housing.

 

2. International Organisation for Migration (IOM)

The IOM offers assistance through its voluntary return programs, which include pre-departure counselling, travel assistance, and reintegration support in the home country.

 

3. Local Charities and NGOs

Numerous local organisations across the UK provide advice, support, and sometimes financial aid to help migrants return home. These are often specific to certain nationalities or communities.

 

b. Tips for Accessing Help

 

1. Research and Planning: Thoroughly research both government and non-government options to determine what support you are eligible for and how it aligns with your needs. Free legal and immigration advice can be crucial. Contact immigration charities, legal aid organisations, or community groups for guidance.

 

2. Contacting Services: Reach out to these services well in advance of your planned departure to ensure there is enough time to process any applications, particularly those involving financial assistance or travel documentation. Prepare all necessary documentation, such as your passport, any visas, and proof of residence or status in the UK, as these will be needed when applying for return assistance.

 

3. Health and Safety: If you have any medical conditions that require ongoing treatment, discuss these with the assistance service to plan for continuity of care upon return. Ensure you receive any necessary vaccinations and are aware of the health and safety conditions in your home country.

 

Section D: Summary

 

Understanding and correctly navigating the processes involved in immigration appeals and resolving status issues is crucial for migrants in the UK. These procedures are complex and have significant implications for an individual’s legal status, rights to remain, work, or study, and overall life stability within the country.

Mistakes in handling appeals or failing to address status issues promptly can lead to severe consequences, including detention, deportation, or the denial of critical rights and services. Proper navigation ensures compliance with legal requirements and maximises the likelihood of a favourable outcome.

Many aspects of immigration law, such as deadlines for appeals or the precise documentation required, demand meticulous attention to detail and timeliness. Delays or errors can complicate or doom otherwise valid cases.

Correct legal status is often a prerequisite for accessing numerous essential services, including healthcare, employment, and education. Successfully resolving status issues or winning an appeal can restore or grant access to these vital resources.

In these matters, professional legal advice is often essential to help avoid common pitfalls in application processes, appeals, and responses to Home Office decisions. They ensure that all procedural requirements are met and that your case is as strong as possible.

If you or someone you know is facing challenges related to immigration status or the appeals process, do not hesitate to seek professional advice.

 

Section E: FAQs about Immigration Appeals and Status Issues

 

What is an immigration appeal?

An immigration appeal is a legal process where you can challenge a decision made by the Home Office regarding your visa, asylum, or immigration status. This includes refusals of visa applications, deportation orders, and decisions regarding asylum claims.

 

How do I apply for an immigration appeal?

To start an appeal, you must first ensure you have the right to appeal the decision, which should be stated in your refusal letter from the Home Office. You can file your appeal online or via post using the forms provided by the Tribunal that handles immigration cases. It’s crucial to meet the deadline specified in your refusal letter.

 

What are the common reasons for immigration detention?

Common reasons for immigration detention include overstaying your visa, failing to comply with conditions of your leave in the UK, or having an asylum application denied with no further right to remain. Detention can also be used while arrangements are being made for your departure from the UK.

 

How can I apply for immigration detention bail?

You can apply for bail if you are being detained for immigration reasons at an immigration removal centre, a detention centre or a prison. Legal representation is recommended to help ensure the best outcome.

 

What should I expect during a visit to an Immigration Reporting Centre?

During visits to an Immigration Reporting Centre, you will need to confirm your identity and current address, and you may be asked about your current situation, such as employment, living conditions, or family matters in the UK. Regular attendance is often required as a condition of your bail or pending application.

 

How can I return home voluntarily if I’m a migrant in the UK?

If you wish to return home voluntarily, you can apply for assistance through the Voluntary Returns Service offered by the Home Office, which might include financial help for reintegration in your home country. Contact the Home Office or visit their website for more information on eligibility and the application process.

 

What is the difference between an administrative review and an appeal?

An administrative review is a request for the Home Office to review a visa or immigration decision based solely on the information originally submitted in your application. It’s used when you believe an error was made in the decision. An appeal, on the other hand, can introduce new information and is handled by a tribunal, not the Home Office.

 

How do I find an immigration lawyer?

You can find an immigration lawyer through recommendations, legal aid services, or professional bodies such as the Law Society of England and Wales. It’s important to choose someone with expertise in immigration law to ensure accurate advice and effective representation.

 

Section F: Glossary of Terms

 

Appeal: A formal request to a higher court or tribunal to review and change the decision of a lower court, tribunal, or administrative agency.

Asylum Seeker: An individual who has left their native country and applied for recognition as a refugee in another country is awaiting a decision on their application.

Bail: Temporary release from detention, under certain conditions, while awaiting immigration proceedings or deportation from the country.

Detention: The practice of holding individuals in custody for immigration-related reasons, typically while they await a decision on their immigration status or prior to deportation.

Deportation: The act of expelling a foreign national from a country, typically for violating an immigration law or other legal issues.

Immigration Tribunal: A specialised court that deals with cases concerning immigration law, including appeals against decisions made by the Home Office.

Legal Aid: Assistance is provided to individuals who are unable to afford legal representation and access to the court system.

Refugee: A person who has been forced to leave their country in order to escape war, persecution, or natural disaster and has been granted refugee status.

Visa: An endorsement on a passport indicating that the holder is allowed to enter, leave, or stay for a specified period of time in a country.

Administrative Review: A review of the decision made by the Home Office, without a tribunal or court, where errors in the handling of the original decision are claimed.

Voluntary Return: Assistance provided to migrants who decide to return voluntarily to their country of origin. This can include financial assistance and help with travel arrangements.

Immigration Reporting Centre: A designated location where individuals report periodically as part of their temporary immigration status requirements.

Reconsideration Request: A formal request to the Home Office to review a decision on an immigration application believed to be flawed or mistaken.

Immigration Removal Centre (IRC): Facilities where foreign nationals are held pending their removal from the UK or while their immigration case is resolved.

 

Section G: Additional Resources

 

Gov.uk – Immigration Appeals
https://www.gov.uk/immigration-asylum-tribunal
Official information on how to appeal against a decision made by the Home Office.

 

Home Office – Voluntary Returns Service
https://www.gov.uk/return-home-voluntarily
Information on assistance available for migrants in the UK who wish to return voluntarily to their home country.

 

Tribunals Judiciary
https://www.gov.uk/courts-tribunals/first-tier-tribunal-immigration-and-asylum
Details about the tribunal process for immigration and asylum appeals.

 

Legal Aid
https://www.gov.uk/guidance/apply-for-legal-aid
Information on how to obtain legal aid for immigration cases in the UK.

 

Law Society
https://solicitors.lawsociety.org.uk/
Find a solicitor service provided by the Law Society, which can be used to find accredited legal professionals specialising in immigration law.

 

Bail for Immigration Detainees (BID)
https://www.biduk.org/
A charity that assists those in immigration detention in the UK and provides information on applying for bail.

 

Immigration Law Practitioners’ Association (ILPA)
https://ilpa.org.uk
Professional association for UK lawyers practising immigration law. They provide training and resources on the latest developments in immigration law.

 

Refugee Council
https://www.refugeecouncil.org.uk
Offers advice and support for refugees and asylum seekers in the UK, including help with the appeals process and legal rights.

 

 

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

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The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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