England · Immigration Law
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Legal context
Immigration law in England is a reserved matter governed by UK-wide legislation, including the Immigration Act 1971 and Immigration Act 2014. The Home Office, through UK Visas and Immigration (UKVI), makes initial decisions on applications for visas, leave to remain, and British citizenship. Appeal and review rights depend on the decision and circumstances; some appeals are heard by the First-tier Tribunal (Immigration and Asylum Chamber), with further routes potentially available. Immigration services are separately regulated, so use an authorised immigration adviser or appropriately regulated solicitor for individual advice.
Key legislation: Immigration Act 1971
At a glance
UKVI processes all visa applications, from visitor visas to skilled worker routes. Applications must meet specific requirements including English language proficiency and maintenance funds. Decisions typically take 3-8 weeks, with priority services available for urgent cases.
When UKVI refuses an application, you may have rights to appeal to the First-tier Tribunal or request an administrative review. Appeals must be lodged within strict time limits, usually 14 days from the decision. The tribunal operates independently from the Home Office.
The Home Office can issue deportation orders for criminal convictions or immigration breaches. Individuals facing removal have rights to appeal based on human rights grounds, particularly Article 8 family life. Emergency injunctions can be sought from the High Court to prevent imminent removal.
What to do next
Call 999 for immediate danger. At a police station, ask for the duty solicitor. For a deadline, check the responsible court, tribunal or authority now.
Call Jen free, 24/7, to understand terminology, typical process and official routes. The conversation is with AI, not a solicitor.
Request a £145 independent-solicitor consultation. Allocation and timing depend on availability, expertise, jurisdiction and conflict checks.
Common questions
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.
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.
Family routes depend on the sponsor's and applicant's status. For a new partner application, GOV.UK currently says the combined income requirement is usually £29,000 a year. A transitional £18,600 threshold can continue for some people who first applied on the five-year partner route before 11 April 2024 and are extending with the same partner. Exemptions and different tests can apply, so check the current route-specific guidance.
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.
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.
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.
General information only. It may not apply to your facts, and rules or time limits can change.
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