Key Points
- A partner application is generally treated as a human rights claim, so refusals usually carry a right of appeal.
- Deadlines are generally 14 days inside the UK and 28 days outside.
- The judge can consider evidence that was not in the original application.
- An appeal can take many months, so compare it with a fresh application.
What an appeal can involve
- The refusal decision
- Immigration Rules
- Human rights considerations
- Witness evidence
- Relationship evidence
- Financial evidence
- Documentary evidence
- Procedural deadlines
The process
- 1
Lodge the appeal
File the appeal with the First-tier Tribunal within the time limit, with the refusal letter and grounds.
- 2
Home Office review
The Home Office reviews its decision in light of your case and evidence, and sometimes withdraws the refusal.
- 3
Prepare the evidence
A bundle of documents and witness statements from you and your partner.
- 4
The hearing
The judge hears evidence, usually from the sponsor, and submissions from both sides.
- 5
The decision
A written decision follows. Either side can seek permission to appeal further on a point of law.
Appeal or reapply?
An appeal is often the right course where the Home Office got the facts or the law wrong, or where family life arguments go beyond the standard rules. Where a document was simply missing and is now available, a new application is frequently faster.
The two are not always alternatives: in some cases both are pursued. Take advice before the appeal deadline passes.
Frequently Asked Questions
Can my partner attend the hearing if I am overseas?
Yes. In appeals against an overseas refusal, the sponsor in the UK normally attends and gives evidence.
What if I win the appeal?
The Home Office is expected to act on the decision and grant the visa, unless it appeals further. That step can itself take some weeks.
Official Sources
This page is general information, not legal advice. The rules and figures are set by the Home Office and can change.