FIRST-TIER TRIBUNAL IMMIGRATION APPEALS FOR RESIDENTS OF SWITZERLAND AND SWISS CITIZENS IN THE UK

If you are a Swiss citizen (or non-Swiss citizen) living in Switzerland or the UK and your UK visa or immigration application has been refused, our UK immigration appeal lawyers are here to help. With UK immigration lawyers in both Switzerland and the UK we can advise you on the merits of appealing to the First-tier Tribunal (Immigration and Asylum Chamber) in the UK, prepare your UK immigration appeal, and represent you at your immigration appeal hearing.

For information on appeals to the Upper Tribunal, Administrative Review, and Judicial Review, please see our separate pages.

What is the First-tier Tribunal (Immigration and Asylum Chamber)?

The First-tier Tribunal (Immigration and Asylum Chamber) is an independent court that hears appeals against Home Office decisions on entry clearance, permission to stay, and deportation from the UK. It has the authority to overturn Home Office refusal decisions.

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

Not all Home Office decisions can be appealed. Generally, you have the right to appeal if the Home Office has decided to:

• Refuse your human rights or protection claim (asylum claim or humanitarian protection) or revoke your protection status

• Refuse you a residence document or deport you under the Immigration (European Economic Area) Regulations 2016

• Revoke your British citizenship

• Refuse or revoke your status, vary the length or conditions of your stay, or deport you under the EU Settlement Scheme

• Refuse or revoke your travel or family permit under the EU Settlement Scheme

• Refuse or revoke your permit, or deport you if you are a frontier worker

• Refuse or revoke your leave, or deport you if you are an S2 healthcare visitor

If your asylum or human rights claim is certified as "clearly unfounded," you do not have the right to appeal. You may, however, challenge the certification through Judicial Review. If you do not have a right to appeal, you might be eligible for an Administrative Review, depending on the type of application.

Our immigration appeal lawyers in Switzerland and the UK can advise you if you're unsure about your right to appeal.

What Is an Appealable Human Rights Claim?

Applications Submitted From Within the UK

Certain immigration applications submitted in the UK are deemed human rights applications and can be appealed if refused. These include:

• Long Residence applications

• Appendix FM family member applications (spouse, civil partner, or unmarried partner visas)

• Part 8 family member applications

• Private Life applications

• Applications for the partner or child of a member of HM Forces

Applications Submitted In Switzerland

UK visa applications submitted in Switzerland that generally have appeal rights include:

• Appendix FM family member applications (spouse, civil partner, unmarried partner, fiancé, or adult dependent relative visas)

• Part 8 family member applications

• Partner or child of a member of HM Forces applications

A human rights claim outside the Immigration Rules must form part of a valid application for entry clearance. If the Home Office recognises a human rights claim in such cases, refusal decisions generally carry appeal rights.

What is an Appealable Protection Claim?

Protection claims include asylum claims and claims for humanitarian protection. These generally have appeal rights if:

• Removal from the UK would breach the UK's obligations under the Refugee Convention

• Removal from the UK would breach the UK's obligations in relation to humanitarian protection

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

If the Home Office certifies a human rights or protection claim as 'clearly unfounded,' there is no right of appeal. Further submissions rejected as not amounting to a fresh claim under paragraph 353 of the Immigration Rules also carry no appeal rights. Certification can be challenged via Judicial Review.

Other Appealable Immigration Decisions

Other appealable decisions to the First-tier Immigration Tribunal include certain decisions under the Immigration (European Economic Area) Regulations 2016 and the EU Settlement Scheme, as well as decisions to revoke British citizenship.

To explore the possibility of an appeal, contact our UK immigration appeal lawyers.

Time Limits to Appeal to the First-tier Immigration Tribunal

• In the UK: You have 14 calendar days to appeal from the date the decision notice was sent.

• From Switzerland: You have 28 calendar days to appeal from the date you received the decision.

For decisions related to the EU Settlement Scheme, the appeal deadline can begin from the date of the administrative review decision.

If you miss the deadline, you can apply for an extension, providing reasons for the delay.

Grounds of Appeal to the Immigration Tribunal

Appeals can be brought on grounds specified in UK immigration law:

• Human rights claim refusal: unlawful under section 6 of the Human Rights Act 1998

• Protection claim refusal: breaches the Refugee Convention, humanitarian protection obligations, or section 6 of the Human Rights Act 1998

• Revocation of refugee status or humanitarian protection: breaches the Refugee Convention or humanitarian protection obligations

• Residence document or deportation refusal under the Immigration (European Economic Area) Regulations 2016: breaches EU Treaty rights

• EU Settlement Scheme decisions: breaches rights under the EU withdrawal agreement, EEA EFTA separation agreement, or Swiss citizens’ right agreement

How to Appeal a UK Visa or Immigration Decision

Most appeals are submitted online using the MyHMCTS service. For refusals under the EU Settlement Scheme or detainees, a paper form is used.

Our UK immigration appeal lawyers will:

• Prepare your case, including an appeal skeleton argument

• Submit supporting documents and witness statements

• Engage with the Home Office for review

If the appeal proceeds to a hearing, you will be notified of the date and location. Your UK immigration appeal lawyer will represent you, question any witnesses and make legal submissions on your behalf.

First-tier Tribunal Immigration Appeal Processing Times

Hearing Date

It can take several months to receive a hearing date.

Decision

Most decisions are issued within 3 to 4 weeks after the hearing.

Urgent Appeals

For urgent cases, you can request an expedited hearing date by demonstrating compelling or compassionate grounds.

Immigration Appeal Fees

• Paper appeal: £80

• Oral hearing: £140

Certain appeals, such as those involving British citizenship revocation or EEA regulation removals, are exempt from fees.

If your appeal is allowed, you can request a fee award.

Frequently Asked Questions

Immigration Status During an Appeal: Under section 3C of the Immigration Act 1971, your leave is extended if you had valid leave when you made your application. This leave continues until any in-time appeal is finally determined.

Leaving the UK During an Appeal: Leaving the UK while an appeal is pending will generally result in the appeal being treated as abandoned, unless the claim was certified as clearly unfounded.

Entering the UK During an Appeal: You can continue your appeal from within the UK if you apply for a visit visa or, as a Swiss (non-visa) national, seek leave to enter at the UK border.

Making a Fresh Application: Depending on the circumstances, you might be able to make a further application to the Home Office. However, this is not possible if an appeal or administrative review is pending and your leave is extended by section 3C.

After Receiving Your Appeal Decision If your appeal is allowed, the Home Office should issue the appropriate immigration status document. If refused, you may appeal to the Upper Tribunal.

How Our UK Immigration Appeal Lawyers In Switzerland Can Help

Through the Swiss office of our UK immigration law firm, we are delighted to offer a comprehensive range of UK immigration legal services to Swiss citizens (and non-Swiss citizens) residing in Switzerland, including appealing against UK visa and immigration decisions and legal representation at UK immigration appeal hearings.

Our UK visa and immigration services for Swiss nationals (and non-Swiss nationals) residing in Switzerland include expert advice on the merits of appealing against UK visa and immigration refusal decisions, lodging of immigration appeals, drafting grounds of appeal, preparation of appeals and advocacy and representation before the Immigration Tribunal in the UK. We offer a fully-managed UK immigration appeals service tailored for Swiss citizens (and non-Swiss citizens) in Switzerland.

Our UK immigration appeal lawyers provide specialist advice and representation, preparing high-quality immigration appeals and offering a professional, supportive approach.

Contact our UK immigration appeal lawyers on +41 21 588 07 70 or complete our enquiry form to discuss your UK immigration appeal.