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Restricted right of appeals for family visitors!

05 July 2012

As announced by the government on 18 June 2012, the Immigration Appeals (Family Visitor) Regulations will come into force on 9 July 2012. The regulations set out who qualifies for a full right of appeal against a visa refusal to visit family in the UK.

From 9 July, it will only be possible to appeal against a refusal to visit a family member if they are settled in the UK or have been granted asylum or humanitarian protection. In addition, it is intended that appeals will be restricted to refusals of entry clearance to visit a spouse, civil partner, unmarried partner father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, brother or sister settled in the UK.

If you are applying to visit your uncle, aunt, nephew, niece, first cousin, or a relative who does not have settled, refugee or humanitarian protection status in the UK, and your visa application is refused, you will not have a full right of appeal. A limited right of appeal will remain on human rights and race discrimination grounds.

The only recourse will be for a refused applicant to make a fresh application or  apply for a judicial review. However, the latter  will be significantly more expensive than pursuing an appeal in the First-tier Tribunal, since if  unsuccessful the appellant will need to bear  he Home Office's legal costs.

Finally new forms will be issued on 9 July 2012 for applications made under the family visa categories in the UK and outside the UK.  Please note that all applications submitted after this time will need to meet the more stringent requirements of the new Rules.

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Migra & Co is a private immigration company, regulated by the Office of the Immigration Services Commissioner (OISC), reference number F200900038. This website is not a government website and as such, we are not linked or affiliated with the UK Visas and Immigration. We offer expert legal advice and flexible tailored solutions to both private and corporate clients to ensure that their immigration needs are met. If you wish to download or prepare a UK visa application form, you can do so free of charge by visiting the Official UKVI website.