People immigrate to a different country for many reasons. The most common one is for a better standard of living. The process of immigration application can be quite complex for many. And you might get accepted or rejected for your immigration application.
When you get rejected, the first task is to file an immigration appeal. Immigration appeal lawyers in Surrey can take you through the complicated process. But what happens after a successful immigration appeal?
In this article, we will break down what you need to do after a successful immigration appeal. Let’s begin our discussion with the appeal process first.
The Immigration Appeal Process
The immigration appeal process is a judge’s hearing. A single judge usually hears the appeal of the immigrant. But in some cases, there can be more than one judge. And there are no juries required for the appeal hearing.
The overall process begins when you receive the letter of decision. This letter is the result of your immigration application. If you get rejected, the letter also informs you that you have the right to appeal.
You have a complete right to appeal for specific situations. For instance, if you are visiting your partner or relative who is a citizen of the country, you have the right to immigration. If you get rejected, you can definitely appeal.
Also, you may have a family member in the country who holds legal citizenship. If you intend to visit that member, you have a strong immigration application. Rejection of that application gives you the complete right to appeal.
Once you decide to appeal against the decision, the process is simple. You will need to fill out the appeal form. After that, you will need to go to the court for the hearing in front of the judges.
The Immigration Appeal Hearing
After the rejection of your immigration application, you can file an immigration appeal. After your appeal application, a hearing will take place. The hearing occurs in a court and in front of one or more judges.
The hearing occurs for a back-and-forth discussion on the rejection reasons. You can put forward your logical presentations for your eligibility.
An experienced lawyer can help you in the process. The judge will look into the reasons you got rejected.
There are a few reasons why your immigration application can be rejected. They are:
- You may get a refusal to enter the country
- There can be a refusal to leave the county
- You might get a refusal to take asylum in the country
- There can be a refusal to the Asylum and Immigration Tribunal
- The authority may rule a person to deport out of the country
What are the 2-Types of Hearing?
You will come across 2 types of hearing. The first one is Case Management Review (CMR), and the other is a full hearing.
CMRs are held in conjunction with country asylum appeals and are not rescheduled. It’s crucial that you are present at the CMR because if you don’t, a judge may decide your case without a thorough hearing.
Is an interpreter required during the proceedings? You must notify the tribunal beforehand so that they can make the necessary arrangements.
The Appeal Hearing Procedure
We first suggest you arrive at least 20-30 minutes prior to the scheduled hearing. The judges hear numerous cases throughout the day. As a result, you might have to wait a bit before you can go in.
After you walk inside the court, you will find the judges sitting in front of a desk. There will be other court members in front of them. You will have a designated side to sit and present your case. And on the opposite side, you will find the Home Office.
Whenever required, the judge will call in witnesses inside the courtroom. The complete hearing is a public process. So, you can expect general people and journalists inside the courtroom.
You will need to provide all the pieces of evidence to your case. The judges will verify them and also your court presentation. After that, you can expect a result after two weeks. The result will come in writing form.
What Happens After a Successful Immigration Appeal?
After a successful appeal, the judges will send the decision to the visa officers. It can take up to 4 weeks for the decision to reach the visa office. And then, you will again have to wait another 8 weeks to process the decision.
Thus, you can contact the visa office after 12 weeks of the hearing result. You will receive the new result in a written document once all the processes are complete.
In recent times, visa appeals have been quite successful. As a result, you need to know what happens after a successful immigration appeal. The overall process can be tricky. An experienced lawyer can be the best way to go about it.