Our immigration appeal solicitors can provide you with guidance on the advantages of appealing to the Upper Tribunal, prepare grounds of appeal, and, if permission is granted, represent you at your Upper Tribunal appeal hearing if your appeal to the First-tier Tribunal (Immigration and Asylum) has been turned down.

This page examines the right to appeal to the Upper Tribunal, the process of applying for permission to appeal to the Upper Tribunal, the definition of an "error of law" in a First-tier Tribunal decision, the time limits for appealing to the Upper Tribunal, the consequences of granting or denying permission to appeal to the Upper Tribunal, and the subsequent steps to take if you are successful or unsuccessful in your appeal to the Upper Tribunal.

What is the Upper Tribunal (Immigration and Asylum)?

The Upper Tribunal (Immigration and Asylum), otherwise known as the Upper Tribunal, is a court that is one level above the First-tier Tribunal (Immigration and Asylum). It is tasked with the determination of appeals against decisions made by the First-tier Tribunal regarding entry clearance to the UK, permission to remain in the UK, and deportation from the UK.

The Upper Tribunal also evaluates applications for Judicial Review of certain decisions made by the Home Office in connection with immigration, asylum, and human rights claims.

Right of Appeal to the Upper Tribunal Against a Decision of the First-tier Tribunal 

A right of appeal to the Upper Tribunal is not automatically granted. It is necessary to petition for permission to appeal in order to appeal a decision of an Immigration Judge of the First-tier Tribunal to the Upper Tribunal.

The Upper Tribunal may only hear an appeal from a First-tier Tribunal (Immigration and Asylum) decision that dismisses an immigration appeal if consent to appeal is granted.

How to Apply for Permission to Appeal to the Upper Tribunal (Immigration and Asylum)

Initially, the First-tier Tribunal must receive an application for permission to appeal to the Upper Tribunal. If the First-tier Tribunal declines to grant permission to appeal, the applicant may submit an additional application for appeal directly to the Upper Tribunal.

The application for permission to appeal to the Upper Tribunal must be submitted in writing and must provide a detailed explanation of the legal error that the Immigration Judge of the First-tier Tribunal committed when they dismissed your appeal against the Home Office's decision. It is insufficient to merely express disagreement with the Judge's conclusions. The Immigration Judge's determination and the appellant's written grounds of appeal are typically the basis for determining whether or not to grant permission to appeal to the Upper Tribunal, without an oral hearing.

The Judge reviewing the decision of the First-tier Tribunal will only grant permission to appeal to the Upper Tribunal if the Judge is satisfied that the Immigration Judge arguably erred in law when they decided your case (i.e., there is an arguable case that the decision dismissing your appeal was legally flawed).

What is an Error of Law for Grounds of Appeal to the Upper Tribunal?

Grounds for appeal to the Upper Tribunal may arise from errors of various categories committed by the First-tier Tribunal.

For instance, the First-tier Tribunal's decision may be considered legally incorrect if the Immigration Judge who dismissed your appeal:

• Applied the Immigration Rules incorrectly or wrongly interpreted the Immigration Rules;
• Failed to consider important evidence;
• Had no evidence or insufficient evidence to support the decision made;
• Reached a decision which is inconsistent with a binding decision of a higher court; 
• Followed an incorrect procedure which resulted in unfairness.

A specialist's legal expertise is necessary to identify errors of law in a First-tier Tribunal determination. You may want to consult with an immigration appeal counsel for his or her expertise.

For years, our immigration barristers have been responsible for the review of First-tier Tribunal determinations for errors of law and the crafting of grounds of appeal in support of successful applications for permission to appeal to the Upper Tribunal.

Time Limits for Appealing to the Upper Tribunal 

Application to the First-tier Tribunal for Permission to Appeal

An application for permission to appeal to the Upper Tribunal must be submitted to the First-tier Tribunal in the initial instance, as demonstrated above.

Your application for permission to appeal to the Upper Tribunal must be received by the First-tier Tribunal within 14 days of the date on which the written reasons for the decision being appealed were sent, provided that you are located in the United Kingdom.

Your application to the First-tier Tribunal for permission to appeal to the Upper Tribunal must be submitted within 28 days of the date on which the written reasons for the appeal decision were sent, if you are located outside of the UK. It may be feasible to request an extension of the appeals period if these deadlines have been exceeded.

Your grounds of appeal must be accompanied by an application for an extension of time, and you must provide an explanation for the delay in submitting the application for permission to appeal.

A decision regarding whether to extend the appeals deadline will be made by the First-tier Tribunal. The time limits specified above are calendar days.

However, if the pertinent time limit expires on a non-working day, the application is considered timely if it is submitted (and received) on the following working day. in the First-tier Tribunal, that is, by midnight on the final day,

Application to the Upper Tribunal for Permission to Appeal

If the First-tier Tribunal declines to grant permission to appeal, the applicant may submit an additional application for appeal directly to the Upper Tribunal.

If you are located in the United Kingdom, you must submit an application to the Upper Tribunal for permission to appeal within 14 days of the date on which the First-tier Tribunal sent you its notice of refusal of permission.

If you are located outside of the United Kingdom, you will have one month from the date of the First-tier Tribunal's notice of refusal of permission to submit your application for permission to appeal to the Upper Tribunal with the Upper Tribunal.

If these deadlines have been exceeded, it may be feasible to request an extension of time for the appeal process. You will be required to submit an application for an extension of time along with your grounds of appeal and provide an explanation for the delay in submitting the application for permission to appeal.

Next, the Upper Tribunal will evaluate whether to extend the appeals deadline. The aforementioned time limits are calendar days.

However, if the pertinent time limit expires on a non-working day, the application is considered timely if it is submitted (and received) on the following working day. This is due by 5 p.m. on the day in question at the Upper Tribunal.

Upper Tribunal Appeal Fee

There is no fee for appealing to the Upper Tribunal.

If Permission to Appeal to the Upper Tribunal is Granted

Your case will typically be scheduled for an error of law hearing if permission to appeal to the Upper Tribunal is granted. The Upper Tribunal will issue directives that must be adhered to.

The Upper Tribunal will determine whether the First-tier Tribunal's decision contained a material error of law after the hearing.

The decision may be expressed orally or may be reserved. In either scenario, a written decision with justifications will be issued. Within 28 days of the Upper Tribunal hearing your appeal, you should receive a written decision.

What will happen if I win my appeal to the Upper Tribunal?

If the Upper Tribunal determines that the Immigration Judge of the First-tier Tribunal committed an error of law, it will either:

• Reverse the First-tier Tribunal's decision and render its own determination regarding your appeal; or
• Return your case to the First-tier Tribunal for a second hearing.

An appeal to the Court of Appeal may be requested by the Home Office if it believes that the Upper Tribunal committed a legal error.

What will happen if I lose my appeal to the Upper Tribunal?

Your appeal will be dismissed if the Upper Tribunal determines that the Immigration Judge of the First-tier Tribunal did not commit an error of law. The First-tier Tribunal's decision to dismiss your appeal against the Home Office's refusal decision will remain in effect.

However, if the Upper Tribunal's decision reveals a legal error, you may be able to request permission to appeal to the Court of Appeal from the Upper Tribunal.

A specialist's legal expertise is necessary to identify an error of law in an Upper Tribunal determination. An immigration appeal counsel may be beneficial in providing you with expert guidance.

If Permission to Appeal to the Upper Tribunal is Refused

If you are denied permission to appeal by the Upper Tribunal, you may be able to request judicial review of the decision. A 'Cart Judicial Review' is the term used to describe this.

You must demonstrate that an error of law was committed in the decision of your appeal and that your case pertains to a significant principle or practice, or that there is another compelling cause for your case to be heard.

The claim form and supporting documents must be submitted no later than 16 days after the date on which the Upper Tribunal's decision was sent.

Specialist legal expertise is necessary to identify an error of law. If you are denied permission to appeal to the Upper Tribunal, you may wish to consult with an immigration appeal counsel for expert advice.

Our immigration appeal solicitors can provide you with guidance on the advantages of appealing to the First-tier Tribunal (Immigration and Asylum) if your UK visa or immigration application has been denied. They can also prepare your immigration appeal and represent you at the immigration appeal hearing.

This examines the following: the eligibility of individuals to appeal to the First-tier Tribunal (Immigration and Asylum), the conditions under which a human rights or protection claim is appealable, the limitations on the right of appeal, the time limits for appealing to the First-tier Immigration Tribunal, the grounds of appeal in immigration cases, the process for appealing to the First-tier Tribunal, the processing times for immigration appeals, and a selection of frequently asked questions regarding appeals to the First-tier Tribunal. 

First-tier Tribunal (Immigration and Asylum): What is it?

The First-tier Tribunal (Immigration and Asylum), also referred to as the First-tier Immigration Tribunal, is the initial court that assesses appeals against the Home Office's decisions concerning entry clearance to the United Kingdom, permission to remain in the country, and deportation from the country. Independent of the Home Office, the Immigration Tribunal has the authority to reverse Home Office refusal decisions.

Right of Appeal to the First-tier Tribunal Against a UK Visa or Immigration Decision

Not all immigration decisions made by the Home Office are subject to appeal. In general, you will have the opportunity to appeal to the First-tier Tribunal (Immigration and Asylum) if the Home Office has made a decision.:

• Reject your protection claim or human rights claim (also referred to as a "asylum claim" or "humanitarian protection") or revoke your protection status.
• Deny you a residence document or deport you in accordance with the Immigration (European Economic Area) Regulations 2016 (where saving provisions are applicable).
• Your British citizenship should be revoked.
• Vary the duration or conditions of your stay, refuse or revoke your status, or deport you in accordance with the EU Settlement Scheme.
• Deny or revoke your family permit or travel permit in accordance with the EU Settlement procedure. Scheme or restrict your ability to enter or exit the United Kingdom under those permits.
• You may be deported if you are a frontier worker, or your permit may be denied or revoked.
• Deport you if you are an S2 healthcare visitor, or refuse or revoke your leave.

You will not have the right to appeal if the Home Office has certified your asylum or human rights claim as "clearly unfounded." Nevertheless, you may be able to contest the certification of your claim through a Judicial Review.

If the decision you desire to challenge is not an appealable immigration decision, you may still be able to request an Administrative Review from the Home Office. If rejected, only specific categories of applications are eligible for administrative review.

It is occasionally feasible to appeal, despite the Home Office's assertion that you lack the legal right to do so. However, you will be required to dispute jurisdiction before the Tribunal. A returning resident visa may serve as an illustration in cases where there are robust familial connections.

Our immigration appeal solicitors in London can provide guidance if you are uncertain whether your refusal decision includes a right of appeal to the First-tier Tribunal (Immigration and Asylum).

What Is an Appealable Human Rights Claim?

We examine the circumstances under which an individual may appeal to the First-tier Tribunal (Immigration and Asylum) in connection with a human rights claim in this section.

Specific immigration applications that are submitted from within the United Kingdom under the Immigration Rules are considered human rights applications and are eligible for an appeal against refusal.

Generally, the following in-country applications under the Immigration Rules are eligible for an appeal against a refusal decision:

• Long Residence applications;
• Appendix FM family member applications (this would include decisions to refuse to extend a spouse visa, civil partner visa or unmarried partner visa); 
• Part 8 family member applications;
• Private Life applications;
• Partner or child of a member of HM Forces applications.

Certain applications for leave to remain outside the Immigration Rules may also be considered a human rights claim, with the ability to appeal a refusal decision.

In this context, a human rights claim is defined as any assertion made by an individual that the removal of the individual from the United Kingdom, the requirement of the individual to leave the United Kingdom, or the refusal of the individual to enter the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998.

Applications Submitted Outside the UK

The following out-of-country applications under the Immigration Rules generally attract a right of appeal against refusal:

• Appendix FM family member applications (this includes decisions to refuse a spouse visa, civil partner visa, unmarried partner visa, fiance visa and adult dependent relative visa); 
• Part 8 family member applications;
• Partner or child of a member of HM Forces applications;

A valid application for entry authorization on a route under the Immigration Rules would require a human rights claim that is not in accordance with the Immigration Rules to be submitted outside the UK.

For instance, a human rights claim that leave as a visitor should be granted outside the rules could be included in a visit visa application submitted overseas. In the event that the Home Office determines that a human rights claim has been made, any refusal decision will typically be subject to an appeal.

What is an Appealable Protection Claim?

In this section, we examine the circumstances under which an individual may appeal to the First-tier Tribunal (Immigration and Asylum) in connection with a protection claim.

Asylum claims and claims from individuals who may not be subject to the Refugee Convention but believe they are eligible for humanitarian protection because they are at risk of severe harm if they are removed from the UK, as defined in the Immigration Rules, are examples of protection claims.

In general, the following protection claims are eligible for an appeal against a refusal decision:

• A claim that the UK's obligations under the Refugee Convention would be violated if the individual were removed from the country.
• Removal from the United Kingdom is alleged to violate the United Kingdom's obligations with respect to individuals who are eligible for humanitarian protection.

Limitations on Rights of Appeal to the First-tier Immigration Tribunal

There is no right of appeal to the First-tier Tribunal (Immigration and Asylum) if the Home Office certifies a human rights or protection claim as "clearly unfounded."

In the event that additional submissions are rejected as not constituting a new claim under paragraph 353 of the Immigration Rules, there is no human rights or protection claim to certify, and as a result, there is no right of appeal.

Judicial review is a viable method for contesting a certificate. The merits of a challenge will be contingent upon the evidence submitted with the original application and the rationale behind any refusal. It may be beneficial to consult with an immigration appeal counsel for guidance on this matter. 

Other Appealable Immigration Decisions

As previously mentioned, the First-tier Immigration Tribunal may hear appeals of other Home Office immigration decisions, such as those made under the Immigration (European Economic Area) Regulations 2016 and EU Settlement Scheme, as well as decisions to revoke British citizenship.

Contact our immigration appeal solicitors in London to inquire about the feasibility of appealing to the First-tier Tribunal (Immigration and Asylum Chamber) in response to an immigration refusal decision.

Time Limits to Appeal to the First-tier Immigration Tribunal

If you are located in the United Kingdom and possess an in-country right of appeal, you will have a period of 14 calendar days from the date of the decision notice to file an appeal.

You will have 28 calendar days from the date of receipt of the decision to file an appeal if you are located outside of the United Kingdom.

In certain instances, the appeal period for a decision concerning the EU Settlement Scheme may commence from the date of the administrative review decision.

The First-tier Tribunal (Immigration and Asylum) calculates the time limit for lodging an immigration appeal in calendar days, not business days. It is crucial to bear this in mind. In the event that the final day for appealing is not a working day, an appeal is considered timely if it is submitted on the following operational day. A working day is defined as any day that is not a Saturday or Sunday, Christmas Day, Good Friday, or a public holiday, or the 27th to 31st of December, inclusive.

An appeal may be filed after the deadline if the Immigration Tribunal consents to extend the appeal period. Your notice of appeal must include an application for an extension of time and an explanation for the delay in providing the notice.

Grounds of Appeal to the Immigration Tribunal

Immigration law specifies the circumstances for submitting an appeal to the First-tier Tribunal (Immigration and Asylum).

An appeal against the denial of a human rights claim may only be initiated on the basis that the decision is unlawful under section 6 of the Human Rights Act 1998.

An appeal against the denial of a protection claim must be initiated on one or more of the following grounds:

• The UK's obligations under the Refugee Convention would be violated if the appellant were to be removed from the country.
• The UK's obligations regarding individuals who are eligible for humanitarian protection would be violated if the appellant were to be removed from the country.
• The removal of the appellant from the United Kingdom would be illegal under section 6 of the Human Rights Act 1998, which prohibits public authorities from acting in a manner that is inconsistent with the Human Rights Convention.

An appeal of the revocation of refugee status or humanitarian protection may only be made on the basis that the UK's obligations under the Refugee Convention or its obligations in relation to individuals eligible for a grant of humanitarian protection would be violated.

Under the Immigration (European Economic Area) Regulations 2016, an appeal against a decision to refuse a residence document or deport may only be initiated on the basis that the decision violates the appellant's rights under the EU Treaties in relation to entry to or residence in the United Kingdom.

The grounds for bringing an appeal against decisions under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020, including decisions on applications made under the EU Settlement Scheme, are that the decision is in violation of any right that the individual has under the EU withdrawal agreement, the EEA EFTA separation agreement, or the Swiss citizens' right agreement, or that it is not in accordance with the provisions of the Immigration Rules, Immigration Act, or Regulations (as appropriate) under which it was made.

How to Appeal Against a UK Visa or Immigration Decision

Utilising the MyHMCTS service, we initiate the majority of immigration appeals online. If, however, you have been denied pre-settled status or settled status under the EU Settlement Scheme, or if you are currently in detention, we will submit an appeal using a paper form.

A decision will typically be requested at an immigration appeal hearing that you and your immigration solicitor are able to attend when we submit your immigration appeal. It is also feasible to request that the tribunal's decision be rendered exclusively on the basis of the information contained in your appeal form and the documents we submit to the tribunal.

As your immigration appeal solicitors, we will diligently construct your case after your appeal has been submitted. This includes the creation of a "appeal skeleton argument" (ASA), which is a summary of your case, a schedule of issues, and the reasons why we disagree with the decision. Additionally, we will upload supporting witness statements and documentary evidence.

The ASA and our bundle of supporting documents will be forwarded to the Home Office by the Immigration Tribunal. The Home Office will subsequently conduct a review. The review is a critical method for concentrating on the issues and, in many cases, achieving a consensus on the course of action, which may involve withdrawing in order to secure a grant.

A well-crafted immigration appeal can result in a meaningful review and potentially prevent the matter from advancing to an appeal hearing before an Immigration Judge. Consequently, it is of the utmost importance that the Home Office is furnished with all pertinent information and that the appeal arguments are presented in a plain and concise manner.

The Immigration Tribunal will actively manage your case if your appeal proceeds to a hearing. The conduct of pre-hearing reviews, the listing of case management review proceedings, or the provision of direction to the parties are all potential outcomes of active case management.

You will be notified of the date and location of your appeal hearing before an Immigration Judge of the First-tier Tribunal (Immigration and Asylum Chamber) once all parties are prepared. You may be requested to attend the tribunal building in person or remotely via video link or phone. In any case, your immigration solicitor will be present at the hearing to provide legal arguments to the Immigration Judge in support of your appeal. They will also ask pertinent questions of any witnesses. 

First-tier Tribunal Immigration Appeal Processing Times

How long does it take to get a hearing date for a First-tier Immigration Tribunal hearing?

The duration of time required to obtain a hearing date for a First-tier Immigration Tribunal hearing is contingent upon the specific individual case. It may require several months for an immigration appeal to be scheduled for a hearing.

How long does it take for an Immigration Judge to make a decision?

Upon the conclusion of the immigration appeal hearing, the Immigration Judge will render a decision that will inform you of the permissibility of your appeal. On the day of the appeal hearing, it is uncommon to receive a decision. Nevertheless, the majority of decisions of the First-tier Immigration Tribunal are issued within a period of approximately three to four weeks.

Urgent Immigration Appeals

It is feasible to request an expedited hearing date if you believe that your immigration appeal requires immediate attention. Documentary evidence will be required to substantiate compelling or compassionate reasons for your case to be heard urgently. The evidence will be evaluated by a judge, who will determine whether your appeal should be heard earlier than usual.

Immigration Appeal Fees

If an immigration appeal charge is required, the fee for a paper appeal is £80, while the fee for an oral hearing is £140.

In the event that an appeal pertains to a decision to deprive British citizenship, a decision to remove an EEA national pursuant to the EEA Regulations, the revocation of protection status, or where an appellant is detained and has received a decision by the Detained Asylum Casework team at the Home Office, there is no applicable fee. Additionally, there are other scenarios in which you may be exempt from paying a fee.

Upon the approval of your immigration appeal, you have the option of requesting that the Judge contemplate a fee award, or the Judge may do so independently. Whether the evidence and points have been presented in a manner that is both appropriate and comprehensive will determine whether the Respondent has had the opportunity to properly consider all matters.

First-tier Tribunal (Immigration and Asylum Chamber) Immigration Appeal Frequently Asked Questions

What is my immigration status during an appeal to the First-tier Tribunal (Immigration and Asylum)?

If you were granted leave at the time of your application or claim and that leave expired prior to the Home Office's decision, your leave to enter or remain will be automatically extended under section 3C of the Immigration Act 1971. Your leave will be extended until any in-time appeal against refusal is ultimately determined if this applies to you.

In the event that the appeals deadline has expired, the leave extension granted by section 3C will have expired. Only if the Tribunal grants an extension of time to file an out-of-time appeal will Section 3C leave be reinstated, and only from the moment that permission is granted.

Can I leave the UK while my immigration appeal to the First-tier Tribunal is pending?

Your immigration appeal will be considered abandoned if you have appealed to the First-tier Tribunal from within the UK and subsequently depart the country while your appeal is pending, unless the underlying claim was certified as obviously unfounded.

If your leave is extended pursuant to section 3C of the 1971 Act, your departure from the United Kingdom will also trigger the termination of this leave.

Can I enter the UK while my immigration appeal to the First-tier Tribunal is pending?

There is no impediment to continuing your appeal from within the UK, for example, to provide evidence at the appeal hearing, if you have appealed against a refusal of entry clearance from outside the UK.

You may wish to apply for a visit visa for this purpose or, if you are a non-visa national, to apply for leave to enter as a visitor at the UK border. It would be necessary to disclose and address your most recent refusal decision as part of any such application.

Can I make a fresh application instead of, or as well as, appealing to the First-tier Immigration Tribunal?

In addition to appealing or as an alternative, it may be feasible to submit an additional application to the Home Office, contingent upon the rationale for the rejection. The feasibility of this endeavour will be contingent upon the specific circumstances and the availability of existing leave or alternative options. It may be beneficial for you to consult with an immigration appeal counsel for specialised guidance regarding your circumstances.

If your application has been denied, an appeal (or administrative review application) has been filed against the denial, and your leave has been extended in accordance with section 3C, it will be impossible to submit an additional application. Nevertheless, the Home Office's guidance permits the submission of a human rights or protection claim in these situations.

What will happen after I receive my immigration appeal decision?

The Home Office may attempt to appeal the decision of the Immigration Judge of the First-tier Tribunal (Immigration and Asylum) to the Upper Tribunal if your immigration appeal is permitted. If the Home Office does not appeal, or if they appeal and are either denied permission to appeal or their appeal is invalidated, the Home Office should reverse their decision and provide you with the appropriate immigration status document.

If the First-tier Tribunal Immigration Judge rejects your immigration appeal, you may have the option of appealing the Judge's decision to the Upper Tribunal. Your solicitor will be able to evaluate the Immigration Judge's decision and provide you with guidance on the viability of lodging an appeal with the Upper Tribunal, as well as the merits of any subsequent appeals.

If you have been granted asylum or humanitarian protection status in the United Kingdom and have maintained this status for a period of five years, you are eligible to petition for refugee settlement. You are required to submit an application prior to the expiration of the five-year grant of permission.

The application may also include any dependents who were granted asylum or humanitarian protection concurrently with you and were dependent on your claim.

Refugee Settlement Eligibility Criteria

The following are the prerequisites for indefinite leave to remain in the United Kingdom as a refugee or individual who has been granted humanitarian protection:

• You have held a residence permit as a refugee or person granted humanitarian protection status (or their dependant), for a continuous period of five years in the UK; and
• This residence permit has not been revoked or not renewed; and
• You have not been:
  • Sentenced to imprisonment for 4 years or more; or
  • Sentenced to imprisonment for between 12 months or 4 years if less than 15 years has passed since the end of your sentence; or
  • Sentenced to imprisonment for less than 12 months, if less than 7 years has passed since the end of the sentence; or
  • Received a non-custodial sentence (such as a fine or community sentence) or other out of court disposal (such as a penalty notice or caution) that is recorded on your criminal record, if less than 2 years has passed since you received this; and
• The Secretary of State does not consider that you have caused serious harm by your offending; and
• The Secretary of State does not consider that you have persistently offended and shown a particular disregard for the law; and
• The Secretary of State does not consider that it is undesirable to grant settlement in the UK in light of your conduct, character or associations or the fact that you represent a threat to national security.

What Additional information is required regarding refugee settlement?

The Secretary of State may revoke or not renew your residence certificate as a refugee if they are satisfied that the Refugee Convention is no longer applicable for any of the following, including:

• You have voluntarily returned to your country of nationality;
• Having lost your nationality, you have voluntarily re-acquired it;
• You have acquired a new nationality, and enjoy the protection of the country of your new nationality;
• You have voluntarily re-established yourself in the country which you left owing to a fear of persecution;
• There has been a significant and long-lasting change in circumstances so that it is not reasonable for you to refuse to seek protection in your country of nationality.

Your refugee residence card may be revoked or not renewed if the Secretary of State determines that you are not eligible for the Refugee Convention's protection for any of the following reasons:

• You should be, or are, disqualified from being a refugee (e.g. due to having committed a crime against peace, a war crime, a crime against humanity, or acts contrary to the purpose and principles of the United Nations);
• You have used a misrepresentation, submitted false documents, or omitted facts which were decisive for the grant of asylum;
• There are reasonable grounds for regarding you to be a danger to the security of the UK;
• You have been convicted of a particularly serious crime and constitute a danger to the community of the UK.

A humanitarian protection status grant may be revoked or not renewed for similar reasons.

You will be granted limited leave for a period of three years, which may be renewed, if your application for settlement is rejected, but the Home Office does not intend to revoke your status as a refugee or a holder of humanitarian protection status, as you are still in need of protection.

In the event that you are at risk of persecution in your country and are unable to return due to this risk, you may be considered a refugee and granted permission to remain in the United Kingdom. It is recommended that you apply for asylum if this is the case.

You are entitled to protection under the 1951 Refugee Convention, which is also a component of UK law. You are entitled to protection from "refoulement" by the UK authorities, which refers to your forcible return to a country where you are at risk of persecution.

What are the primary eligibility criteria for refugee or asylum protection?

The following are the requirements for being recognised as a refugee:

• Be outside your country of origin, or if you are stateless, the country in which you usually live;
• Have a well-founded fear of persecution on the basis of your race, religion, nationality, political opinion or your membership of a particular social group that puts you at risk because of the social, cultural, religious or political situation in your country (for example, your gender, gender identity, sexual orientation);
• Be unable or unwilling to get protection from the authorities in your country;
  Have no part of your country where you are able to live in safety that you can reasonably be expected to go.

Prior to determining whether the aforementioned criteria are satisfied, the UK authorities will determine whether they are responsible for investigating your claim. However, they may discover that they are not accountable if:

• There is another country which you can go to which has already recognised you as a refugee or given you protection against ‘refoulement’;
• There is another safe country which you can go to and ask for protection, where it would be reasonable for you to go to due to a previous connection there. For example, if you have previously claimed asylum in another EU country, or have family members living there.

What additional information is required regarding refugee protection or asylum?

If there is a genuine threat of death or severe damage to one's life if they were to return to their country of origin, humanitarian protection may be granted to them, even if they do not meet the criteria for refugee status.

If you are recognised as a refugee or granted humanitarian protection, you will be granted a residence permit that is renewable for a period of five years. A residence permit will be issued to your spouse or children under the age of 18 if they applied during the same time as you as your dependants. After five years, this residence permit may be renewed, or you may petition for settlement.

Similar to a settled individual, you will be entitled to the same rights to education, healthcare, employment, and benefits. Furthermore, you may submit an application for a travel document that can be utilised for international travel.

According to the Human Rights Act 1998, it is unlawful for any public authority, including the Home Office (UK Visas & Immigration) and its immigration officers, to behave in a manner that is incompatible with the rights outlined in the European Convention on Human Rights.

All individuals residing in the United Kingdom and those who are under the jurisdiction and control of the UK immigration authorities are safeguarded by the European Convention on Human Rights.

What are the primary eligibility criteria for leave to remain on human rights grounds?

You may be eligible to apply for leave to remain in the United Kingdom under specific circumstances if it would violate your human rights to be required to depart.

Anyone who is the subject of an eligible immigration decision has the right to appeal to the Immigration Tribunal on the basis that the decision violates their human rights.

The European Convention on Human Rights' most frequently encountered human rights provisions in an immigration context are as follows:

• Article 3: prohibition on torture and inhuman or degrading treatment or punishment;
• Article 8: right to respect for private and family life.

What other information is necessary to submit a human rights application?

It is impossible to violate Article 3 under any circumstances, as it is an absolute privilege.

This means that the UK may be obligated to grant you leave to remain if the requirement to leave would put you at a genuine risk of ill-treatment, such as from the government or non-State agents, or due to the cessation of medical care if you have a severe medical condition.

An interference with your private and family life must be disproportionate to comprise a breach of Article 8, which is a qualified right.

In the context of immigration, the right to respect private and family life is frequently reconciled with the state's power to regulate immigration and safeguard the nation's economic prosperity.

A decision that would result in your separation from your family may constitute a violation of Article 8 if you have a companion and/or child in the United Kingdom.

In addition, it may be violated if you have established substantial connections in the UK and have resided there for an extended period.

The Home Office is required to consider the child's best interests when performing its immigration responsibilities.

According to British nationality law, numerous individuals are automatically granted British citizenship without the necessity of submitting any form of application.

An individual who has acquired British citizenship through automatic acquisition will be granted the right to enter and reside in the United Kingdom without any immigration restrictions.

What are the main eligibility requirements for British Citizenship by Automatic Acquisition?

You will be required to demonstrate that you are a British citizen by operation of law in order to qualify for British Citizenship by Automatic Acquisition.

The following are the most prevalent methods for obtaining British citizenship automatically by law:

• You must have been born in the United Kingdom on or after January 1, 1983, and either your mother or father was a British citizen or had resided in the country at the time of your birth.
• If you were born outside the United Kingdom on or after January 1, 1983, and either your mother or father was a British citizen at the time of your birth, other than by descent, or
• The individual must have been a citizen of the United Kingdom and its colonies with a right of residence in the United Kingdom immediately prior to 1 January 1983 and born before that date.

What else do I need to know about British Citizenship by Automatic Acquisition?

British nationality law can be difficult to navigate. Your specific circumstances are distinct from those of every other individual.

This implies, for instance, that you may be eligible for British citizenship through Automatic Acquisition regardless of whether one or more of your siblings does not.

You will need to show that you were:

• Your mother or father was domiciled in the United Kingdom at the time of your birth, and you were born in the United Kingdom on or after January 1, 1983. or
• If you were adopted in the United Kingdom as a child on or after January 1, 1983, and one of your adoptive parents was a British citizen at the time of your adoption. or
• Found abandoned as a newborn neonate in the United Kingdom on or after January 1, 1983. or
• If you were born in the United Kingdom on or after January 13, 2010, and your mother or father was a member of the armed forces, or
• If you were born outside the United Kingdom on or after January 1, 1983, and your mother or father was a British citizen otherwise than by descent at the time of your birth. or
• If you were born outside the United Kingdom on or after January 1, 1983, and your mother or father was a British citizen who was serving in a qualifying service outside the UK at the time of your birth, following their recruitment for that service in the United Kingdom... or
• Adopted as a child outside the United Kingdom under a Convention adoption on or after 1 January 1983, with one of the adopters being a British citizen at the time of the adoption and the adopters being habitually resident in the United Kingdom at the time of the adoption. or
• Born in the United Kingdom prior to January 1, 1983; or
• Adopted in the United Kingdom prior to January 1, 1983; or
• Before January 1, 1983, were naturalised as a citizen of the United Kingdom and its colonies; or
• Registered as a citizen of the United Kingdom and its colonies prior to January 1, 1983; or
• A United Kingdom and Colonies citizen who was born to or adopted by a parent who was a citizen of the United Kingdom and Colonies at the time of your birth or adoption, either through birth, adoption, naturalisation, or registration in the United Kingdom, immediately prior to January 1, 1983. or
• A citizen of the United Kingdom and its colonies who was habitually resident in the United Kingdom for a period of five years prior to January 1, 1983, and who had been settled in the country at any point before that date. or
• If your mother or father (or adoptive parent) was a citizen of the United Kingdom and Colonies by birth in the United Kingdom at the time of your birth or adoption, you were a Commonwealth citizen immediately before 1 January 1983.

British nationality law specifically defines the term "father," and this definition has evolved over time. It is therefore imperative to verify the specific circumstances of your situation, as the individual you regard as your father may or may not be recognised as such under British nationality law.

British citizenship by descent is also defined in British nationality law. If your parents were born outside of the United Kingdom, it is crucial to verify the basis on which they obtained British citizenships.

In the context of the aforementioned summary, the United Kingdom encompasses the Isle of Man and the Channel Islands, as well as specific qualifying territories from specific dates.

You may be eligible to apply for registration as a British citizen if you do not inherently qualify for British citizenship. This can be done either through an entitlement or on a discretionary basis.

What are the main eligibility requirements for Registration as a British Citizen?

To be eligible for British citizenship registration, you must demonstrate to the Home Office that you satisfy one of the following criteria:

• You were born in the United Kingdom on or after January 1, 1983, and you are not inherently a British citizen by birth. Furthermore, your mother and/or father became British citizens or settled in the UK before your 18th birthday, and you applied for registration before your 18th birthday. or
• You are not automatically a British citizen by birth, as you were born in the United Kingdom on or after 1 January 1983. However, you apply for registration before your 18th birthday, and your mother and/or father became a member of the armed forces on or after 13 January 2010. or
• If you were born in the United Kingdom on or after January 1, 1983, you are not automatically a British citizen by birth. Additionally, you were absent from the UK for no more than 90 days in each of the first ten years of your life. You applied for registration at any time after your tenth birthday, and you may apply under this provision at any age. or
• The following conditions must be met in order to qualify for registration: you were born outside the United Kingdom on or after January 1, 1983, one of your parents was a British citizen by descent at the time of your birth, the parent's father or mother was a British citizen by descent or other means, the parent had been in the UK for a minimum of three years in a row prior to your birth, the parent had not been absent from the UK for more than 270 days during that three-year period, and you applied for registration before your 18th birthday. or
• You were born outside the United Kingdom on or after January 1, 1983, and one of your parents was a British citizen by descent at the time of your birth. You applied for registration before your 18th birthday, and you and your parents were in the United Kingdom on the day three years prior to the date of the application. Neither you nor your parents have been absent from the UK for more than 270 days during the intervening three years. Additionally, both your mother and father have authorised your registration. or
• If the specific provisions of British nationality law had been in effect at the time of your birth, and if your mother was a citizen of the UK and Colonies at the time of your birth, you would have automatically been a citizen of the UK and Colonies by descent through your mother, in the same way as it provided for citizenship by descent through a father. This would have occurred if you would have had the right of abode in the UK immediately before 1 January 1983. or
• You were born in the United Kingdom prior to July 1, 2006, and your parents were not married at the time of your birth. You have never been a British citizen, and only under specific circumstances would you have become a British citizen if your parents were married at the time of your birth. or
• You are a British Overseas Territories Citizen, a British National (Overseas), a British Overseas citizen, a British subject, or a British protected person. You apply for registration, and you were in the UK for five years prior to the date of application. During the intervening five-year period, you were not absent from the UK for more than 450 days or in the UK in violation of the immigration laws. In the twelve months immediately preceding the date of application, you were not absent from the UK for more than 90 days or subject to any restriction on the period for which you might remain in the UK. or
• The Secretary of State is satisfied that you do not possess any other citizenship or nationality, and the Secretary of State is satisfied that you have not voluntarily forfeited any other nationality through action or inaction at any time after 4 July 2002 (or, if you are only a British National (Overseas), after 19 March 2009), if you are a British Overseas citizen, a British subject, a British protected person, or a British National (Overseas). You apply for registration. or
• If you were born outside the United Kingdom on or after January 13, 2010, and your mother or father was a member of the armed forces deployed outside the UK at the time of your birth, you are eligible to apply for registration. If you are under the age of 18 at the time of your application, your parents must consent to your registration.

In the event that you have previously renounced British citizenship, are of full capacity, and your renunciation of British citizenship was necessary to enable you to acquire or retain some other citizenship or nationality, you may also be entitled to be registered as a British citizen.

You may still apply for registration on a discretionary basis if you are not eligible to be registered as a British citizen.

• As a child, at any time before your 18th birthday;
• As a British Overseas Territories citizen, at any time.

What else do I need to know about Registration as a British Citizen?

The Secretary of State must be satisfied that the individual is of good character if they are 10 years of age or older at the time of their application for registration as a British citizen.

The statutory requirement is presently in effect, despite the Supreme Court's declaration that the good character requirement is incompatible with Convention rights in relation to certain registration applications.

It can be difficult to submit applications for registration on a discretionary basis, especially as a minor. It may be advantageous to evaluate the application's merits, both in terms of the evidence available and in principle, prior to submitting it on this basis. A particularly pertinent consideration for children is frequently whether their future is readily apparent in the United Kingdom.

If your application for registration as a British citizen is approved, you will be required to attend a registration ceremony if you are over the age of 18. Upon completion of the ceremony, you will receive your certificate of registration as a British citizen.

A person who has been granted indefinite leave to remain or has acquired a right of permanent residence in the United Kingdom and is at least 18 years old may be eligible to petition for Naturalised British Citizenship.

Can I apply for Naturalised British Citizenship?

To become a British citizen, you must satisfy specific statutory criteria regarding your immigration status, duration of residence in the UK, future intentions, knowledge of the English language and life in the UK, and good character.

The requirements for Naturalised British Citizenship are slightly different depending on whether or not you are married to a British citizen.

In the event that you are not married to a British citizen or refuse to rely on your marriage to a British citizen, the Home Office must be satisfied that:

• You were in the UK on the day five years before the date of your application;
• You have not been absent from the UK for more than 450 days during the intervening five year period;
• You have not been in the UK in breach of the immigration laws at any time during that five year period;
• You have not been absent from the UK for more than 90 days during the 12 month period immediately preceding the date of your application;
• You are not subject to any limit on the period for which you may remain in the UK and have not been subject to any such time limit at any time during the 12 month period immediately preceding the date of your application;
• You are of good character;
• You have sufficient knowledge of the English, Welsh or Scottish Gaelic language;
• You have taken and passed the Life in the UK test; and
• Your intentions are that if your application is successful your home (or principal home) will be in the UK.

If you are married to a British citizen, the Home Office must be satisfied that:

• You were in the UK on the day three years before the date of your application;
• You have not been absent from the UK for more than 270 days during the intervening three year period;
• You have not been in the UK in breach of the immigration laws at any time during that three year period;
• You have not been absent from the UK for more than 90 days during the 12 month period immediately preceding the date of your application;
• You are not subject to any time limit on the period for which you may remain in the UK at the date of your application;
• You are of good character;
• You have sufficient knowledge of the English, Welsh or Scottish Gaelic language; and
• You have taken and passed the Life in the UK test.

The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

Can I apply for British Citizenship straight after ILR?

You are eligible to petition for Naturalised British Citizenship immediately upon receiving Indefinite Leave to Remain if you are married to a British citizen. In order to obtain Naturalised British Citizenship, you must fulfil all of the aforementioned requirements. If you are not married to a British citizen, you must have been free of immigration time restrictions for a minimum of 12 months, immediately preceding the date of your application. If you are granted ILR, you will be eligible to petition for Naturalised British Citizenship 12 months later.

How many days can I stay outside the UK for British Citizenship?

In order to qualify for UK Citizenship, you will need to have spent not more than 90 days outside the UK during the 12 month period immediately before the date of your application for Naturalised British Citizenship. 

If you are not married to a British citizen, you will also need to have not been away from the UK for more than 450 days during the preceding 5 years.  If you are married to a British citizen, you will need to have spent not more than 270 days outside the UK in the previous 3 years.

What is the good character requirement for British Citizenship?

The British Nationality Act 1981 mandates that individuals who aspire to naturalise as British citizens must possess "good character." Home Office nationality policy guidance elucidates the manner in which the "good character" requirement will be evaluated; however, the Act does not define the term.

This includes a non-exhaustive list of conduct that will indicate that an applicant is not of "good character," such as criminality, terrorism, financial stability, notoriety, deception and dishonesty, and immigration-related matters.

It is crucial to thoroughly evaluate the good character requirement in any application for Naturalised British Citizenship, as seemingly innocuous matters can result in an unfavourable decision.

It is imperative that any potential good character issues are identified and appropriately addressed as part of your UK Citizenship application with the assistance of an immigration counsel.

Is there any flexibility in the criteria for Naturalised British Citizenship?

The Secretary of State has the authority to consider petitioners for UK citizenship as satisfying some of the requirements, even if those requirements are not met. This encompasses:

• The permitted absence requirements (e.g. if you have been absent from the UK for more than 90 days in the 12 month period prior to your application);
• The 12 month ‘no time limit’ requirement;
• The requirement not to have been in the UK in breach of the immigration laws at any time during the three or five year qualifying period.

The Secretary of State has the authority to waive the language and life in the UK requirements based on the applicant's age, physical, or mental condition.

The Secretary of State is not authorised to waive or consider applicants to have met the following criteria:

• To have been in the UK at the start of the three- or five-year qualifying period (although there is some discretion in relation to members of the armed forces);
• To be free of any restriction on the period you may stay in the UK (i.e. to have been granted indefinite leave to remain in the UK or to have acquired a right of permanent residence);
• To be of good character.

It is crucial that any application for British citizenship that necessitates an exercise of discretion be meticulously prepared and presented. Advice from an immigration attorney should be obtained at the outset.

Can EEA / EU Nationals and their family members apply for Naturalisation as a British Citizen?

Certainly, EEA nationals and their family members are eligible to petition for UK citizenship.

Since June 30, 2021, they must either possess Settled Status at the time of application (or have submitted an application for Settled Status prior to June 30 and have a right of permanent residence) and prove that they have either held Settled Status or a right of permanent residence for 12-months prior to the date of application.

They will not require a document to demonstrate that they held the right to permanent residence; however, they will be required to provide pertinent evidence.

If EEA nationals and their family members have been granted indefinite leave to remain under the Immigration Rules on another basis for 12 months prior to the date of application, are entitled to exemption from UK immigration control by virtue of diplomatic status, or benefit as an Irish national, they may also apply for naturalisation.

What about BOTC’s, BNO’s, BOC’s etc?

Naturalisation is unlikely to be appropriate for you, as you are likely to have an alternative route to British citizenship through registration. However, if you are a British Overseas Territories Citizen, a British National (Overseas), a British Overseas citizen, a British subject, or a British protected person, you are not a British citizen.

Who can be a referee for a Naturalised British Citizenship application?

When applying for Naturalised British Citizenship, you will be required to submit two referees.

A referee should be a professional of any nationality who has professional standing, such as a civil servant, minister of religion, or member of a professional body such as a solicitor, barrister, or accountant (who is not representing you with the application).

The second referee must typically be a British citizen who is either a professional or over the age of 25 and possesses a British passport.

How much does it cost to apply for Naturalisation as a British Citizen?

The Home Office charges a fee of £1,330 for the application of naturalisation as a British citizen.

An additional £80 will be required to arrange a citizenship ceremony, which will include the administration of a citizenship oath and vow. As of March 29, 2019, these figures are accurate.

How long does it take to get British Citizenship?

The determination of applications for naturalisation as a British citizen may require up to 6 months. Nevertheless, the Home Office typically provides us with UK Citizenship decisions within a 3 month timeframe.

Can I leave the UK while waiting for my UK Citizenship application to be processed?

Yes, you are permitted to travel outside of the United Kingdom while your application for British citizenship is under review. When applying for British citizenship, you are permitted to retain your original passport and submit a fully certified copy. Subsequently, you may utilise your authentic, legitimate passport to travel abroad.

You will be required to establish an entitlement to re-enter the United Kingdom at the UK border, as a naturalisation application does not grant you immigration permission. Consequently, it is imperative that you possess documentation of your ILR or other valid immigration status when travelling.

It is important to note that you will typically be required to enrol your biometric information within 45 days of submitting your British citizenship application.

This may entail attending a biometrics appointment in person. Your application will be rendered invalid if you neglect to submit the necessary biometric information.

You may also wish to consider the fact that you will have 90 days to coordinate attendance at a citizenship ceremony in the UK if your British Citizenship application is approved.

What happens after I have applied for Naturalisation as a British Citizen?

You will be required to participate in a citizenship ceremony if your application for naturalisation as a British citizen is approved.

Upon completion of the ceremony, you will receive your certificate of naturalisation as a British citizen. Following this, you will be eligible to submit an application for a British passport.

The Short-term Student Visa (English Language) is a pathway for individuals aged 16 and older who wish to pursue an English language course in the United Kingdom for a period of 6 to 11 months without the presence of a student sponsor, provided that the institution is accredited.

If you intend to enrol in an English language course that exceeds 11 months, you should submit an application for a Student Visa or Child Student Visa.

The United Kingdom also provides a shorter 6-month Short-term Student Visa for those who desire to pursue a course or conduct research that will not exceed six months. Individuals who wish to repeat an examination, retake a module, or take an oral examination as part of their PhD qualification may also utilise this pathway. Additionally, there is a Short-term Student (Child) route that is accessible to individuals under the age of 16.

Short-term Student Visa (English Language) Requirements

To qualify for a Short-term Student Visa (English Language), you must meet the following criteria, as outlined by UK Visas and Immigration that:

• You are aged 16 or over;
• You are outside the UK;
• You have been accepted onto an English language course (that does not include any other subject) at an accredited institution that will last no longer than 11 months;
• You have paid your course fees or have enough funds to pay your course fees;
• You do not intend to undertake a course of study of longer than 11 months, study at an academy or state-funded school, make the UK your main home, work in the UK or engage in any business or professional activities in the UK;
• You intend to leave the UK within 30 days of the end of your English language course, or at the end of 11 months, whichever is sooner;
• You can maintain and accommodate yourself adequately without receiving public funds;
• You have enough funds to meet the cost of your return or onward journey from the UK;
• You have the consent of your parents if you are 16 or 17 years old.

The specific requirements that must be met will vary based on your specific circumstances. For expert guidance, it may be beneficial to consult with an immigration attorney.

Short-term Student Visa (English Language) Course Requirements

You will be required to submit written confirmation from your course provider that you have been accepted into an English language course that is exclusively English and will not exceed 11 months in duration.

The Short-term Student Visa (English Language) is an unsponsored route. Regrettably, aspirants are required to submit applications to institutions that are accredited.

An institution that has been independently evaluated by a Home Office-approved inspection body as meeting the necessary educational standards is referred to as an accredited institution.

Short-term Student Visa (English Language) Financial Requirement

You must have either paid your course fees or have sufficient funds to do so.

Additionally, you must be capable of demonstrating that you can adequately support and accommodate yourself without relying on public funds.

Additionally, you will be required to prove that you possess sufficient funds to cover the expenses of your return or subsequent journey from the United Kingdom.

English Language Requirement for a Short-term Student Visa (English Language)

For a Short-term Student Visa (English Language), there is no English language requirement.

Short-term Student Visa Study (English Language) Requirements

During your tenure as a Short-term Student (English Language) in the UK, you are prohibited from engaging in any of the following activities:

• undertake a course of study of longer than 11 months;
• study at an academy or state-funded school;
• make the UK your main home;
• work in the UK;
• engage in any business or professional activities in the UK.

Rule of the Genuine Student

To be eligible for a Short-term Student Visa (English Language), you must demonstrate to UK Visas & Immigration that you are a genuine short-term student.

You must demonstrate to the Home Office that you have a sincere intention to enrol in an English language course at an accredited institution that will be completed during your stay, that you have provided a genuine account of the duration of your intended stay in the UK, that you do not intend to study at a state-funded school or academy, that you do not intend to use frequent and successive periods of study as a means of evading the requirements of the Student or Child Student routes, and that you intend to depart the UK within 30 days of the conclusion of your declared period of study or before your visa expires, whichever is sooner.

Transitioning to the Short-term Student (English Language) Route

A Short-term Student (English Language) Visa application may only be submitted from outside the United Kingdom. It is not feasible to transition to the Short-term Student (English Language) route from within the United Kingdom.

Stay Duration for a Short-Term Student Visa (English Language)

If your application for a Short-term Student Visa (English Language) is approved, you will be issued a visa that is valid for 11 months. 

Conditions of Stay as a Short-term Student (English Language)

Temporary Student visa holders are not permitted to work or receive public funds. Additionally, they are permitted to enrol in courses for which they have been granted authorization.

Extension of Stay as a Short-term Student (English Language)

A Short-term Student (English Language) Visa cannot be extended.

Settlement in the UK as a Short-term Student (English Language)

It is not possible to reside through the Short-term Student (English Language) route.

Transitioning to the Student Visa Route

Holders of short-term student (English Language) visas are currently prohibited from transitioning to the student visa route from within the United Kingdom. One must submit a student visa application from outside the country in order to pursue a higher or further education course in the United Kingdom.

Dependent family members of Short-term Students

Temporary Students are ineligible to bring a dependent partner and/or dependent offspring to the United Kingdom.