If the Home Office refuses your visa, asylum, or human rights application, or makes a decision to remove you from the UK, you may have the right to appeal. An appeal gives you the opportunity to challenge the decision before an independent tribunal and present your case with supporting evidence.
At ICONIQ Solicitors, we understand that a refusal can be devastating. Our immigration solicitors can advise whether you have a right of appeal, prepare your grounds, and represent you before the Tribunal to give your case the strongest chance of success.
What Decisions Can Be Appealed
You can appeal in certain circumstances. Typical appealable decisions include:
- Refusal of asylum or protection claims (refugee / humanitarian protection)
- Revocation of refugee or protection status
- Refused human rights claims (e.g. based on family or private life)
- Refusal or revocation of status under the EU Settlement Scheme (EUSS), including residence documents or permits
- Deportation/removal decisions from inside the UK
- Refusal or revocation of a residence permit, family permit, or travel permit
- Certain deportation or removal decisions
- Revocation of British citizenship in some cases.
If your refusal letter states you have “no right of appeal,” you may still be able to challenge it through an Administrative Review or Judicial Review.
Time Limits & How to Appeal
Situation | Time Limit | How to Appeal |
You are in the UK and decision gives right of appeal | 14 calendar days from date of decision notice | Complete form IAFT-5 or use online portal; include grounds and supporting evidence. |
You are outside the UK | 28 calendar days after decision or from when you receive the decision notice | Appeal via online or paper, depending on case. |
Late appeals | Only if Tribunal grants permission; you must show good reason for being late. |
Need Help with Appeals?
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The Appeal Process
- Refusal Letter – read carefully. It states whether you have right of appeal; grounds; deadline.
- Decide if appeal rights apply – if not, see administrative review or other remedies.
- Gather evidence – include legal arguments, human rights issues, medical or family life evidence, etc.
- Lodge appeal using the correct form (IAFT-5 or other) before the deadline.
- Attend hearing – paper or oral. You present your case; Home Office will also present.
- Decision – the First-tier Tribunal will either allow or dismiss the appeal.
Upper Tribunal: Next Stage if Appeal Fails
- If your First-tier appeal is dismissed, you may apply for permission to appeal to the Upper Tribunal, but only on a point of law (i.e. you must argue that the judge made an error in law, not simply disagree with the facts).
- If permission is granted, your case is heard in the Upper Tribunal.
What are the income thresholds and permitted evidences for a Spouse Visa?
Source of Income – Employment
Evidence required:
- 6 months' payslips
- 6 months' bank statements showing salary payments
- Letter from employer confirming employment and salary
Source of Income – Non-Employment Income
Evidence required:
- Rental income (requires title deeds, tenancy agreements, bank statements)
- Dividends (investment statements, dividend vouchers, portfolio reports)
Source of Income – Cash Savings
Evidence required:
- To meet the full £29,000, you are required to show that you have held £88,500 for at least 6 consecutive months.
Source of Income – Self-Employment
Evidence required:
- HMRC tax return (SA302)
- Accounts
- Business bank statements
- Accountant’s letter
Source of Income – Pension
Evidence required:
- Documentation from DWP and other government department
- Bank statement showing receipt of pension
How can ICONIQ Solicitors help with a Spouse Visa UK application?
Flag weak points in your case and suggest how to strengthen them (e.g., limited evidence of relationship/finances).
Draft a legal representation explaining how all the requirements are met.
What relationship/cohabitation proofs are strongest?
Can I switch to a Spouse Visa from Skilled Worker or Student?
Does a Spouse Visa lead to ILR and when?
What are common refusal reasons and how can they be addressed?
- Failure to meet the financial requirement
- Lack of evidence of relationship
- Providing the incorrect English language test
- Lack of evidence
- Incorrect documents
- Failure to disclose previous immigration history and criminal convictions