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Immigration Appeals

Having your application for Entry Clearance or Leave to Remain or Indefinite Leave to Remain in the UK refused, can be disheartening. At Lexfield Law Partners, our Immigration Solicitors will provide smart, compassionate, practical advice if you wish to appeal a UK Visa and Immigration (UKVI) decision. Led by firm director, Sylvester Sultan, our multi-lingual Immigration law team has a robust reputation in successfully overturning Immigration refusals for our clients. We understand the stress a refusal can place on you and your family. Therefore, we work quickly and pro-actively to examine the reason for your refusal and find a solution. If this is not in the form of an appeal, we will advise you of other options available.

However,in cases of  Points-Based-System, you do not have a right of appeal, only to apply for an Administrative Review.

To speak to our Immigration Appeals Solicitor, call us on 0121 409 1113 or email: lexfieldlawpartners@outlook.com. Alternatively, click here to make an online enquiry.

What is an Immigration Appeal?

The right to appeal an Immigration refusal has been severely restricted by the UK government in recent years. Right to Appeal is only granted to applications such as Spouse Visas, Fiance Visas, Indefinite Leave to Remain applications, Child Settlement applications, Discretionary Leave to Remain applications, Bereaved Partners applications, EEA applications and any other applications with compassionate and compelling circumstances that raises Human Rights elements.

This can be complicated, which is why it is crucial to have the advice and representation of an experienced Immigration Lawyer.

The grounds for appeal under the Immigration Rules are:

·         the appellant’s removal would be in breach of their Human Rights

·         the appellant’s removal would be contrary to the UK’s obligations in relation to humanitarian protection and in breach of the Refugee Convention

·         the appellant’s removal would be contrary to his or his rights under the European Convention on Human Rights and its directives

EEA nationals and their family members have a right to appeal if the Home Office’s decisions breach the Appellant’s rights under the EU Treaties in respect of entry to, or residence in, the UK. EEA nationals and their family members can also appeal refusals for Pre-settled Status and Settled Status.

Do I have to leave the country to appeal an Immigration Refusal?

It all depends on the circumstances of your case. In 2017, the Supreme Court ruled in R (Kiarie) v Secretary of State for the Home Department; R (Byndloss) v Secretary of State for the Home Department [2017] UKSC 42 that the government’s policy to deport foreign criminals and those that had overstayed their leave to remain first and hear their appeals later was ruled by the Supreme Court to be incompatible with the appellants’ right to respect for their private and family life.

The ability to make a successful appeal is diminished if you have to leave the country. Therefore, our team will resolutely fight to ensure you can stay in the UK whilst your appeal is being applied for and heard upto to a Judicial Review stage and if necessary, apply for an Injuction against a removal from the UK.

Our Immigration Solicitors will challenge a certified refusal that is based on unfounded grounds. In many cases, a Pre-Action Protocol letter / Review to UKVI setting out why our client’s application should have been approved is enough to have the refusal reversed. This is often the case with appeals for refused EEA Family Permits and EEA Residence Cards, Settlement, Standard Visitor Visa, and Spouse/Umarried Partner Visa application.

Sylvester and his team are smart, experienced, and ruthlessly efficient at spotting weaknesses in UKVI decisions. By instructing us, you can be confident your Immigration appeal has the best chance of success.

How we can help you make an Immigration appeal

With decades of experience in advising on Immigration law, Sylvester and his team will ensure your Immigration appeal application runs smoothly from beginning to end. Let us take the worry off your shoulders and work with you to ensure your appeal has the best chance of success.

To speak to our Immigration Appeals Solicitor, call us on 0121 409 1113 or email: lexfieldlawpartners@outlook.com. Alternatively, click here to make an online enquiry.

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We have 15 years’ experience in divorce and family law and our staff are all fully trained solicitors with a variety of experience behind us. We are based in Birmingham but our client base is nationwide as face to face meetings are not always necessary. We are a very friendly and approachable team with a high success rate while we keep a very competitive pricing.

Lexfield Law Partners is open from 9am till 5.30pm, Monday to Friday. If you work full time and can’t see us during the week, we offer pre-arranged Saturday appointments for your convenience.

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