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Representation to the Home Office | Challenging decisions from the Home Office | Complex Cases

Representation to the Home Office | Challenging decisions from the Home Office

To submit a written representation to the Home Office is more useful when you do not have a right of appeal, but can also be used when you do have a right of appeal. The aim of written representation is to persuade the refusing Officer to reverse his or her decision in light of new evidence or clarification on points raised by the original refusal received.

The representation to the Home Office can be related to, but not limited to the following applications that have been lodged to the Home Office or the British Embassy:

  1. Entry clearance visa application also known commonly as a UK visa. 

  2. Further, limited or indefinite leave to remain applications.

  3. Transfer of conditions application. 

  4. No time limit application. 

  5. Challenge against a grant of leave to enter or remain in the UK. 

Where an application has been submitted and you require further representations to be made to the Home Office, ICS Legal can carry this out. We have an up to date working knowledge of relevant case laws and precedents and can access and use them effectively when making representations on your behalf.

We also have detailed knowledge of the types of evidence needed to support applications outside the Immigration Rules and how to obtain them, and also the relative weight to be attached to different types of evidence. E-mail us your enquiry on info@icslegal.com. Alternatively you can complete our contact form by clicking here

How to address a Representation

Written representation will sometimes provide more documents, information or clarification on issues that the refusal may raise. The refusing Officer may be pleased with the additional information and be willing to reverse their earlier decision. However, please note that in some cases, rather than further representation, a new application altogether may be advisable. Although, when you have a right of appeal, you should make sure that you do not lose your right to appeal while waiting for a response from the refusing Officer.
 
When you have no right of appeal and you feel that the refusing Officer is wrong for whatever reason, it is best to forward detailed written representation, inviting the Officer to reconsider the decision. Although there is no time limit as to when you should do this, it is best to do it not more than a few days immediately after the refusal. If you are advised to re-apply, it is necessary to include information as to why this new application is different from the one refused, highlighting new or additional documents and information. Written representations are more successful with the UK Home Office than with a UK Embassy. You can appeal, if you have a right of appeal, and still provide written representation at the same time. This way, you will not lose your right of appeal, which must be lodged by a certain date, as the reply to the written representation may come some days after the time limit provided for you to appeal.

Verbal request for a legal representation

The Home Office does not permit a verbal request for a reconsideration on the original decision made by the Home Office. This is because, the representation to the Home Office must be considered by a case worker assigned by the Secretary of State. Further to that, there must be a record of proceeding, so all decisions can be reviewed by a higher authority such as the First Tier Tribunal, Upper Tribunal or the Administrative Court. In addition to this, it is a legal obligation on the Home Office to provide a response to all allegations raised. 

How can ICS Legal help me with a Representation to the Home Office

When a legal representation is lodged to the Home Office, the factual matrix of your application as well as the reasons why you have applied will be considered. However, in your grounds of representation, you must explain why the decision is incorrect or inconsistent with the existing policy, referring to the immigration laws, British nationality laws, European laws or human rights laws. You must be able to identify & demonstrate the error in law made by the Home Office. Your representation letter must state how the Officer have failed to take account of, or misinterpreted, relevant evidence submitted to the Home Office before the date of the decision
or it was not in line with relevant law, policy or guidance. 

If your representation is not successful and you do not have a right of appeal, good lawyers in the UK may be able to "claim a right of appeal" for you. If not, perhaps Judicial Review will be the answer to your matter. As you may be aware, it is always necessary to tackle the grounds upon which you were refused, because any application you may make in the future can be refused also on the basis of the outstanding points, except the new application deals properly with the points raised in the last refusal.

Your legal case worker at ICS Legal will ask you to come and see us at our office to discuss your case, understand what has happened and what representations have been made if any. As part of our detailed consultation, your case worker would be taking detailed notes and we would look to see what would be effective for you.

The key question that we are asked is "when I must lodge this reconsideration request?". This must be lodged within 14 days of the original decision made unless there are exceptional reasons why this was not lodged in time. You will need to explain your reasons in full with any relevant evidences in respect to the delay of lodging this legal representation to the Home Office. 

Whilst a legal representation does not extend your Section 3C of the Immigration Act 1971 leave status, you are not advised to lodge an application whilst the decision remains outstanding. This is because, in any event, you cannot hold two legal status in the UK. Usually, if you lodge an application for leave to remain in the UK, the legal representation will be automatically cancelled and no decision will be made. 

Legacy application reconsideration requests

Where your application for leave to remain or indefinite leave to remain including failed asylum claim have been refused by the Home Office, you may be able to request a reconsideration of the decision. In most cases, you should follow this process only if your previous decisions did not attract a right to appeal or you did not proceed on a judicial review application

Legal advice would be given in line with the following for a reconsideration request

  1. Grounds for applications.

  2. UK Visas and Immigration practice in the consideration of cases. 

  3. UK Visas and Immigration concessionary policies. 

  4. UK Visas and Immigration IDI’s.

We are experts in UK Immigration and would be able to serve directions to the UK Home Office if there has been an unlawful decision served, delays on your application or failure to consider your case properly.

Call us today on 0207 237 3388 or e-mail us your case details to info@icslegal.com. If you have been detained or have been served removal direction, please inform us immediately as you may have 5 working days to appeal. 

You are strongly advised to take legal advice prior making a decision on your immigration status. This page is for information purposes only. 

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