This section of the website seeks to provide some help for those sponsors/applicants who have been
refused an entry clearance visa for the United Kingdom, whilst our information is correct at the time of construction, our web site is simply a rough guide
if you are in any doubt as to your position, you would be advised to contact the Immigration Advisory Service , or a specialist firm of Immigration lawyers, who will be
able to advise you on your options.
Stage 1 - The Entry Clearance Officer has refused to grant me a visa - what happens next ?
If an Entry Clearance officer refuses to grant the applicant a visa, they are duty bound by UKVisas to give the applicant a written explanation of why a visa has been refused, and the applicant is entitled
to receive certain documentation as follows:
- The Notice of Refusal (this tells you why the Entry Clearance Officer has refused your visa)
- Notice of Appeal (you must fill this in and return it to the Entry Clearance Officer to explain why you think they were wrong to refuse your visa); and
- A leaflet explaining the appeal process
If we wish to make a further application to re-submit a visa application in the future, you may do so, but if the reasons for a refusal remain the same, you will end up being refused.
The Applicant then has the right to ask the Entry Clearance Officer to look at the decision again, this must be done within 24 hours to see if the decision is fair, the applicant has the right to tell the Entry Clearance Manager
of any information of which they beleive the Entry Clearance Officer did not take into consideration when reaching a decision to refuse a visa, if the Entry Clearance Manager thinks that the decision was not fair, and takes into
account any new information, then he/she can overturn the decision and grant the applicant a visa.
If the applicant wants to avail themselves of this right to let the Entry Clearance Manager look at the decision again, he/she must inform them straight away, the applicant must not in any circumstances be put off by
the attitude of the Entry Clearance Officer or any other Filipino staff employed at the British Embassy, they have in the past been known to discourage the applicant, or even be vague about what can be done, however they
are not under any obligation to give any further help, such as Immigration advice, beyond the information that the applicant has already received.
The applicant must be assertive in asking for the decision to be reviewed and make sure they do not leave the Visa section until this has been made clear to the Entry Clearance Officer who has refused the visa.
Stage 2 - The Entry Clearance Manager has upheld the decision to refuse my visa - what can I do ?
You have 2 options at this point
- You must complete and return the notice of appeal to the entry clearance officer at the British Embassy Manila within 28 calendar days of receipt of the notice. If the notice is posted to you, this time limit starts from the date you receive the notice.
- Or you can allow your sponsor to act as your representative and lodge the appeal when they are in the United Kingdom.
How much does it cost?
There is no charge for an appeal against refusal of visa.
What happens when I make my appeal?
When the Entry Clearance Officer receives your appeal he or she will review the application again, taking account of any further comments you have made in the Grounds of Appeal and of any fresh evidence. The original decision may be reversed at this stage, and an entry clearance issued.
If the Entry Clearance Officer does not alter the decision, and you choose to exercise your right of appeal, he or she will write an Explanatory Statement, which will explain in greater detail his or her reasons for refusing the visa. This will be sent with all your papers to the Home Office for onward transmission to the Asylum and Immigration Appeals Tribunal and to your representative.
Where is the Asylum and immigration Appeals tribunal (AIAT) ?
Look at the photograph at the top of this webpage, this photo was taken during February of 2007, it is the new Asylum and Immigration Appeals tribunal building, it is next to Tesco's supermarket in Feltham, Middlesex, conveniently located close to Terminals 1,2,3 at Heathrow Airport London.
What does the Asylum and Immigration Appeals Tribunal (AIAT) do?
I woud like to ask questions about the AIAT ? Where can I get those answered ?
The AIAT website has a useful set of FAQ's this can be accessed here Frequently asked questions on the AIAT
(AIAT) was set up by Parliament to resolve immigration appeal cases. The AIAT will arrange for your representative in the UK to receive copies of all the relevant papers, including the Entry Clearance Officer’s Explanatory Statement. The IAA will then arrange for your case to be heard.
Who will decide the outcome of my appeal?
An independent board of Adjudicators will hear your appeal in the UK. When considering an appeal, the Adjudicators will take full account of all the evidence presented by you and/or by your representative, as well as by the Home Office. He or she will then make a judgement based upon the Immigration Rules and on the individual merits of your appeal.
How long will my appeal take?
Appeals via the British Embassy are not the best route to take, the applicant would be better advised to let the sponsor file the appeal with the AIAT on their behalf, this should mean that an appeal can take up to 9 months
at the very worse, before a date is arranged with the AIAT for the representative (sponsor) and any legal advisors to speak at the appeal hearing, it is most probable that the applicant will need to be represented at
the appeal tribunal, and in the first instance, it would be good for the sponsor to get help from the Immigration advisory service, this is a non profit making organization that can advise on matters relationg to appeals, filing
them, preparing appeals, they have specialist lawyers who can act for the applicant through the sponsor.
Stage 3 - Which Organizations in the UK will help me with my Appeal against a refusal ?
Can I get independent advice?
You or your sponsor can obtain advice and help about appeals from the Immigration Advisory Service (IAS). The IAS is a voluntary organisation, independent of government, which provides free and confidential advice to visa applicants and their representatives.
The IAS can help you decide whether or not to lodge an appeal. The IAS can also present an appeal to the Asylum and Immigration Appeals Tribunal on your behalf. You can contact them at:
Immigration Advisory Service
2nd Floor
County House
190 Great Dover Street
London SE1 4YB
Telephone: (+44) (0) 20 7357 6917
Duty Office: (+44) (0) 20 8814 1559
Fax: (+44) (0) 20 7378 0665
email: advice@iasuk.org
The IAS also has offices in Birmingham, Cardiff, Gatwick Airport, Glasgow, Harmondsworth, Heathrow Airport, Leeds and Manchester.
For those sponsors/representatives who wish to have an appontment with the Immigration Advisory Service, the Hounslow office operates a walk-in advice service, this is fairly informal and is on a first come
first served basis, the advisors will be able to help you with advice about an appeal, and arrange for one of their lawyers to prepare an appeal, the client is actually the applicant in the Philippines, so it may be
possible to pay reduced fees or no fees at all, depending on the clients financial circumstances, this will need to be means tested with the IAS at the appointment, should the matter be taken further.
the details for the Hounslow office are as follows:
Contacting the IAS
Telephone advice: Please telephone them on 020 8607 6570 from Monday to Friday, 10.00 am through to 12.45pm.
Walk in advice: Monday to Wednesday, 08:30 through to 18:00pm.
Appointments: If you can't come and see them during the above times, please call them to make an appointment. the will be happy to help.
Advice by fax: Please write a brief description of your problem, providing your name and contact telephone number and fax it to them on 020 8577 0090. They will make every effort to ensure that one of their advisors responds to your fax within 10 working days.
Outreach surgeries
The IAS also runs surgeries in Slough, Berkshire every Friday at two venues:
The office of Fiona Mactaggart MP - 29 Church Street, Slough, Berkshire SL1 1PL from 10:00 - 12:00. Telephone 020 7219 4818 to make an appointment; and
Slough Refugee Support - 29 Bath Road, Slough, Berkshire SL1 3SR from 13:00 - 16:30. Telephone 01753 537 142 to make an appointment.
The address for walk-in appointments is as follows;
Ebury Business Centre
Unit 3, 161 – 163 Staines Road
Hounslow
Middlesex
Telephone: 020 8607 6570
Fax: 020 8577 0090
Stage 4 - I Want to Consult with Independant Immigration Lawyers in the UK - Who do you recommend ?
Although british-filipino.com does not favour one immigration firm over another, nor does it endorse any paticular firm in preference to another, we do have knowledge of a firm in London who specialize
in the preparation of appeals with the Asylum and Immigration Appeals Tribunal, the advice offered is expensive, and starts at UK 100.00 for an initial consultation, or P9500.00.
This firm we are given to understand has a former entry clearance officer as one of its lay advisors, and the principle also acts as a adjudicator on the Appeals board, however that has not
been confirmed to us, so we cannot give any guarantees' to sponsors/representatives whose cases are regarding spouse/fiancee visas from the Philippines, we are providing this information as a guide
only and a starting point
DJ Webb & Co.
123 Commercial Road
London E1 1RD
United Kingdom
From UK: 020 7247 9933
From outside UK: +44 20 7247 9933
From UK: 020 7247 9444
From outside UK: +44 20 7247 9444
dwebb@webbimmigration.com
bhussain@webbimmigration.com
If cost is a stumbling block, depending on the strength of your case and on your sponsor’s financial circumstances, they may be entitled to have your legal representative paid for by the Legal Services Commission’s 'Community Legal Service' (CLS), however there are many rules for this type of help, and this comes from British tax payers money, so dont hold your breath, but its worth a try.
To find out if your sponsor qualifies for this funding contact:
Community Legal Service Policy Team
Legal Services Commission
85 Gray’s Inn Road
London WC1X 8TX
Tel: (+44) (0) 845 608 1122
If all else fails what is the final option open to me ?
You can click on this audio player below for some futher advice on how to look at your situation
