Losing your Appeal

by Philip Jackson on March 31, 2015

Access Denied

Radical changes to the UK Immigration system come into effect in Spring 2015, which will impact upon all applications, including migrant Entrepreneurs, Investors, Students, Businesses, Sponsored workers and families.

Under the Immigration Act 2014, full appeal rights for Points Based System applications have now been removed and this will come in across the board from 6 April 2015.

Administrative reviews are being stepped up in place of appeals, but these will be adjudicated upon by Home Office civil servants and the fear is that their lack of independence may increase the scope for poor decisions.

Ultimately Judicial Review may be the only recourse to justice for applicants, but this route could turn out to be a costly and time-consuming process, which is why it is so important to take legal advice and get your application right first time.

As well as cutting down appeal rights, Tier 1 General migrants face greater restrictions including the removal of their rights to extend their stay in the United Kingdom.

Tier 1 Entrepreneurs will be subject to the “genuine entrepreneur” test when they come to apply for extensions and Indefinite Leave to Remain and Tier 1 Investors will be required to open a UK-regulated investment account before making an initial application.

Applicants need to be aware that the system is growing ever more stringent and complex and the scope for rejection is increasing with each amendment that is made.

Make sure you do not have to end up trying to rely on the diminishing rights of appeal by contacting the Immigration team on 020 7925 0303 or by email at  immigration@kiddrapinet.co.uk.