How Swiss Citizens and Residents Can Appeal a UK Visa or Immigration Decision

If you are a Swiss passport holder, or a resident of Switzerland, navigating the complexities of UK visa and immigration decisions can be challenging. This guide provides a comprehensive overview of how to appeal a UK Home Office refusal decision. We explore which immigration decisions are appealable, what constitutes an appealable human rights claim, and under what circumstances the Home Office might restrict your right to appeal.

Key Points Covered

In this guide, we discuss:

• Appealable Immigration Decisions: Learn which Home Office decisions you can challenge, such as the refusal of a protection claim, the revocation of protection status, or the refusal of a human rights claim (including spouse visa refusals and adult dependent relative visa refusals).

• Online Immigration Appeal Process: Understand how to file your appeal using the MyHMCTS online case management system, including time limits and guidelines for appealing out of time.

• Impact on Immigration Status: Discover how your immigration status might change during a pending appeal, the consequences of leaving the UK, and the possibility of entering the UK while your appeal is ongoing.

  
  

Appealing as a Swiss Citizen or Resident

If you are a Swiss national or a resident of Switzerland, it's essential to understand your rights when appealing a UK visa or immigration decision. Whether you are dealing with a refusal under the EU Settlement Scheme, a deportation order, or a rejection of your human rights claim, our guide helps you navigate the appeals process effectively.

What UK Visa and Immigration Decisions Can You Appeal?

Swiss citizens and residents can appeal to the First-tier Immigration Tribunal against the following UK visa and immigration decisions:

• Refusal of a protection claim.

• Revocation of protection status.

• Refusal of a human rights claim, including family-related visa refusals.

• Refusal or revocation of entry clearance under the EU Settlement Scheme Family Permit.

• Deportation orders for those with leave under the EU Settlement Scheme.

If the decision you wish to challenge does not grant a right to appeal, you may still request an Administrative Review. Our immigration appeal lawyers can advise Swiss passport holders and residents on their available options.

Human Rights Claims and Appeals

Certain immigration applications by Swiss citizens and residents are considered human rights claims, which provide a right of appeal if refused. These include long residence applications, family member applications under Appendix FM, and private life applications. The UK Immigration Tribunal ultimately decides if a human rights claim has been made, not the Home Office.

Can the Home Office Limit Your Right to Appeal?

In some cases, the Home Office may certify a claim as "clearly unfounded," eliminating the right to appeal. This certification can be challenged through Judicial Review. Our team of immigration appeal lawyers is well-versed in advising Swiss citizens and residents on challenging such certifications.

Submitting an Appeal: Process and Time Limits

If you are a Swiss national appealing from within the UK, you have 14 days from the date of the decision to lodge your appeal. If appealing from Switzerland, the time limit extends to 28 days. Appeals must be submitted through the MyHMCTS system, followed by a detailed Appeal Skeleton Argument and supporting evidence.

Immigration Appeal Hearings and Further Evidence

If your appeal proceeds to a hearing, you may be required to attend in person or remotely. Our immigration lawyers can assist in presenting your case and questioning witnesses before the Immigration Judge.

Immigration Status During a Pending Appeal

For Swiss citizens and residents with leave extended under section 3C of the Immigration Act 1971, it's crucial to appeal within the set time limits to maintain your status. Out-of-time appeals may require an application for an extension of time, which can be complex and requires careful legal consideration.

Fresh Applications vs. Immigration Appeals

Depending on your circumstances, making a fresh application might be a viable alternative to appealing. However, this decision should be made in consultation with our expert immigration lawyers.

Contact Our Immigration Appeal Lawyers

For expert advice and assistance tailored to Swiss nationals and residents, contact our immigration appeal lawyers in Switzerland on +41 21 588 07 70 or get in touch via our contact form. We specialise in guiding Swiss citizens and residents through the UK visa appeal process, ensuring your rights are protected throughout.