Procedure for Filing an Appeal Against a Spouse Entry Clearance Application

Every year, several hundred spousal visa entrance clearance applications are denied for one of the other reasons. Since the new immigration criteria were introduced in 2012, there has been a 19% increase in rejections.

In general, most refusal situations are overturned by filing a fresh application or appealing the refusal.

In this blog, we will go over the appeal process for a spouse entrance clearance application in detail, avoiding refusal and eligibility conditions.

What exactly is Entry Clearance?

Entry clearance is the procedure undertaken by Entry Clearance Officers (ECOs) to determine if a person is eligible for entry to the UK under the Immigration Rules before arriving in the UK.

The authority to admit someone to the UK ultimately resides with the Immigration Officer (IO) at the port of entry in all situations.

What are significant grounds for refusal?

Before requesting an appeal, it is critical to understand the reasons for the refusal.

The following are the most common reasons for an application being denied:

• Inability to meet eligibility requirements (the minimum financial requirements are not met)
• Unwillingness to attend an interview or offer any information or medical reports if requested.
• A Deportation Order has been issued to the applicant.
• Previous criminal history
• The applicant's exclusion from the UK is in the public interest.
• False or falsified documents, as well as failing to disclose significant facts about the application, will result in a refusal.

Recognizing the UK Immigration Appeal

Every migrant has full access to exercise their rights to appeal and justice under the fundamental principles and standards of the Law.

The UK government has reduced the rights to appeal for entrance clearance or leave to remain in recent years.

Section 84 of the Nationality, Immigration, and Asylum Act of 2002 specifies the grounds for appeal to the Immigration and Asylum Chamber, which are as follows:

• The ruling is in violation of UK immigration rules.
• Section 19B of the Race and Religion Act (discrimination by public agencies) holds that the decision is illegal.
• The ruling is illegal under Section 6 of the Human Rights Act of 1998 since it is incompatible with Convention rights.
• The appellant is an EEA national or a member of an EEA national's family, and the judgement violates the appellant's Community Treaty rights to enter or live in the UK.
• Otherwise, the decision is not in compliance with the law.
• The individual making the judgement should have used the discretion granted by immigration rules differently.
• The removal of the appellant from the United Kingdom as a result of the immigration decision would violate the United Kingdom's obligations under the Refugee Convention or would be illegal under section 6 of the Human Rights Act 1998 because it would be incompatible with the appellant's Convention rights.

How to Begin the Appellate Procedure

If the Home Office denied your entry clearance application on any of the above-mentioned grounds, you can file an appeal with the First-tier Tribunal (Immigration and Asylum Chamber).

The appeals process is critical whether you are applying as an immigration expert (solicitor or immigration counsel) or as an individual.

If you want to be an immigration expert, you must apply online through the MyHMCTS programme.

If you are submitting on your behalf, the process will differ depending on whether the initial application was submitted while the applicant was in the UK or from abroad.

If your initial application was submitted from the United Kingdom, you will have 14 days from the day the decision was delivered to file an appeal.

After receiving your decision from outside the UK, you have 28 days to file an appeal. If you must leave the nation before filing your appeal, you have 28 days to file your appeal after leaving the country.

If you apply after the deadline, you must explain why you were late. The tribunal will decide whether or not to hear your appeal.

On your appeal form, you can request that a decision be made in one of two ways:

• based on the facts contained in your appeal form and any documents submitted to the tribunal
• during a hearing that you and your representative are both able to attend

Even if you do not request a hearing, the tribunal has the authority to hold one. If the tribunal does not hold a hearing, the judge will make his or her decision based on the appeal form and documents submitted to the tribunal.

Hearings are usually held in public; however, you can seek a private hearing via video link if you have a good reason.

Route to Judicial Review

The 'Right to Respect for Private and Family Life' is specified in Article 8 of the European Convention on Human Rights.

Everyone has the right to have his or her private and family life, home, and correspondence respected. There shall be no interference by a public authority with the exercise of this right unless it is in accordance with the law and is necessary in a democratic society for the purposes of national security, public safety, or the economic well-being of the country, the prevention of disorder or crime, the protection of health or morals, or the protection of others' rights and freedoms. If UKVI is found to have made a judgement that violates their obligations under Article 8, immigration rules, and/or policy guidelines, they may be required to reconsider and grant leave to remain.

Judicial review is seen as the final resort. It is the procedure through which the courts examine the legality of a decision made by a public entity. It questions the techniques used to make the decision rather than the rights and wrongs of the consequences.

Assume the UK Home Office has denied an application for entrance clearance and has not provided an opportunity to appeal the decision. In that instance, there is a chance that a denial can be appealed within 90 days of receiving the refusal letter.

According to the Civil Procedure Rules, a Pre-Action Protocol (PAP) notification must be delivered to the UK Home Office, giving them at least 14 days to review the decision and alter it in light of the information and documentary proofs submitted via the Pre-Action Protocol letter. If the decision is upheld, the petitioner may seek judicial review.

Conclusion

The immigration appeals process in the United Kingdom is undeniably complex and tough. When it comes to ensuring that every migrant meets the entry clearance requirements, the Home Office has become even more stringent. Failure to meet them may result in refusals.