Common Questions
Immigration Law FAQs — England
How long do I have to appeal a UKVI refusal?
Most immigration decisions allow 14 days to appeal to the First-tier Tribunal from within the UK, or 28 days from overseas. Some decisions only permit administrative review within 14 days. Missing these deadlines can be fatal to your case, so immediate legal advice is essential. Our solicitors can review your refusal letter and ensure appeals are filed correctly and on time.
Can I work while my visa application is pending?
Your right to work depends on your current immigration status. If you've applied before your previous visa expired, Section 3C leave usually continues your existing work rights. However, some applications don't provide automatic work rights. Working illegally can lead to prosecution and affect future applications, so professional advice on your specific circumstances is crucial.
What happens at a First-tier Tribunal hearing?
Immigration appeals are heard by an independent judge who reviews UKVI's decision. You'll present evidence, give testimony, and may be cross-examined by a Home Office Presenting Officer. The judge issues a determination, either allowing or dismissing your appeal. Having experienced legal representation significantly improves success rates, as solicitors understand tribunal procedures and evidence requirements.
Can my family join me in the UK?
Family reunion rights depend on your immigration status. British citizens and settled persons can sponsor spouses and children, subject to financial requirements (usually £18,600 annual income). Refugees have different family reunion rules without financial thresholds. Each route has specific requirements regarding relationships, maintenance, and accommodation that must be carefully evidenced in applications.
What is Administrative Removal versus Deportation?
Administrative removal applies to immigration offenders like overstayers or illegal workers, with limited appeal rights. Deportation follows criminal convictions and carries a re-entry ban, but allows human rights appeals. Deportation orders are harder to revoke and seriously impact future visa applications. Understanding which process you're facing is vital for mounting the correct legal challenge.
How quickly can immigration detention be challenged?
Immigration detention must be challenged immediately through High Court judicial review or bail applications to the First-tier Tribunal. Detention is only lawful when removal is imminent and for the shortest reasonable period. Our solicitors can file urgent applications, often securing release within days. Every day in detention matters, so immediate legal representation is critical.
What counts as compelling circumstances for remaining in the UK?
Compelling circumstances include established family life, especially with British children, medical conditions requiring NHS treatment, or genuine asylum claims. The threshold is high – ordinary hardship isn't enough. Strong evidence is essential, including medical reports, school records, and community ties. Experienced solicitors know how to present compelling cases that meet legal tests for exceptional circumstances.
Can I switch visa categories within the UK?
Most visa switches are possible within the UK, except visitor visas which generally require departure. Common switches include student to skilled worker, or family to settlement routes. Each switch has specific timing requirements and eligibility criteria. Some switches affect your path to settlement, so strategic planning with expert guidance ensures you choose the best long-term route.
