Getting an appeal decision can feel like the finish line — but in UK immigration, it’s usually the start of the “what happens now?” stage. Whether you’ve won or lost, what you do in the next few days can make a real difference to your options, your timeline, and (crucially) your lawful status.
This guide walks you through the practical next steps after a First-tier Tribunal decision, what an Upper Tribunal challenge can look like, when a fresh application is the smarter move, and how to protect your position while you’re waiting.
If you want tailored advice on your situation, start with our page on Appeals and Judicial Review.
If you win: what “allowed” really means (and what to do next)
A successful appeal is a big result — but it’s not always an instant grant of a visa. In most cases, a win means the Tribunal has decided the Home Office decision was not lawful or not proportionate, and the Home Office must now take steps to implement the outcome.
Your immediate checklist:
- Get the written determination (the full reasons matter, not just the result).
- Check what was allowed and why: was it under the Immigration Rules, on human rights grounds, or because the Home Office decision-making was flawed?
- Send the decision to the Home Office (if your representatives haven’t already), and keep proof of delivery.
- Watch for implementation delays: it’s not unusual for this stage to take weeks, and sometimes longer.
If the Home Office drags its feet unreasonably, there can be legal ways to push for action — including in extreme cases. (We’ve written about delay generally here: Can the Home Office be sued for extreme delay?.)
If your appeal was based on family or private life, it’s also worth understanding what tribunals typically look for in these cases: Article 8 family and private life appeals: what tribunals look for.
If you win but the Home Office challenges it
A win can still be followed by further litigation. The Home Office may try to challenge the decision if they say the Tribunal made an error of law. That usually starts with an application for permission to appeal.
What you should do:
- Act quickly: time limits can be short and the paperwork is technical.
- Be clear on the risk: some challenges are routine and weak; others can genuinely reopen the case.
- Keep your evidence and circumstances up to date: if your situation has changed (new child, new job, health changes), record it properly — it can matter later.
If you’re unsure what route you’re on after a refusal or appeal, our UK visa refusals page explains the main challenge routes (appeal, Administrative Review, Pre-Action Protocol, Judicial Review) in plain English.
If you lose: read the reasons first, then choose the right next step
If your appeal is dismissed, your next move should be based on why you lost — not just the fact that you lost.
A Tribunal dismissal commonly happens because:
- key evidence wasn’t provided (or wasn’t persuasive),
- credibility concerns weren’t resolved,
- the legal test wasn’t met,
- or the judge preferred the Home Office version of events.
Your first step is to look at the determination and ask: is this a factual disagreement, or an error of law?
That question determines whether an Upper Tribunal route is realistic, or whether a new/fresh application is the better strategy.
Upper Tribunal options: permission to appeal and “error of law”
Appeals to the Upper Tribunal are not a re-hearing of your case. The Upper Tribunal mainly deals with errors of law — for example, the Tribunal applied the wrong legal test, failed to consider material evidence, or reached conclusions that don’t properly follow from the evidence.
Key deadlines
If you are inside the UK, the deadline for asking the Upper Tribunal for permission to appeal is generally 14 days after the date on the decision. If you are outside the UK, it is generally 1 month.
(There are also form-based instructions used by HMCTS that reflect the common 14 days / 28 days approach depending on context and service method.
The usual sequence
In many cases you:
- Apply to the First-tier Tribunal for permission to appeal, and if that is refused,
- Renew the application to the Upper Tribunal.
If permission is granted, the Upper Tribunal can:
- uphold the original decision,
- set it aside and remake it, or
- send (“remit”) it back to the First-tier Tribunal for a fresh hearing.
This is one of those moments where specialist advice matters — because a strong Upper Tribunal strategy is about precision, not volume. If you need help planning the next step, start here: UK immigration lawyers.
Fresh applications: when starting again is the smarter move
Sometimes, the best move after a loss is not a higher appeal — it’s a fresh application that fixes the weaknesses.
A fresh application can make sense where:
- you can now provide documents you didn’t have before,
- your circumstances have changed materially (relationship, finances, caring responsibilities),
- the refusal reasons can be directly addressed with stronger evidence,
- or the Upper Tribunal test (error of law) simply isn’t met.
This is common in family cases, where evidence quality is everything. If your situation involves a partner or family route, you may find these pages helpful when you’re planning what a stronger application looks like:
And if the case touches on human rights (often Article 8), this explainer is a good starting point: What is a human rights appeal in immigration law?
Protecting lawful status while you wait: the part people get wrong
This is the bit that causes the most panic — and it’s avoidable with the right plan.
Section 3C leave (automatic extension)
If you made an in-time application to extend or vary your leave, and you then have a right of appeal or Administrative Review, your existing leave may be automatically extended under section 3C of the Immigration Act 1971 while you are waiting (depending on your exact circumstances).
Two important realities:
- Section 3C does not magically appear just because you have an appeal right — it depends on your immigration history and whether you were already covered.
- Missing deadlines can be disastrous. “In-time” is not a vibe — it’s a legal requirement.
Tribunal delays are real
Waiting times vary by case type and location, but backlogs are very real in the system. For example, reporting in 2025 highlighted asylum appeal backlogs rising sharply and average waits stretching to around a year in that part of the system.
Even if your case is not asylum, the practical point is the same: you need a lawful-status strategy that can survive delays.
Fees: know what you may need to pay
Many First-tier Tribunal immigration appeals have a fee: typically £80 without a hearing or £140 with a hearing, with help available for those who qualify.
Common pitfalls to avoid
- Filing the wrong thing (Upper Tribunal grounds when you really need a fresh application — or vice versa).
- Going “all-in” on the appeal but ignoring lawful status (especially if your existing leave is close to expiring).
- Assuming your dependants are automatically protected (often they aren’t — always check each person’s position).
- Letting time limits drift because you’re waiting for a transcript or more documents.
Next step: get a plan that fits your outcome
If you’ve won, you want implementation and status security. If you’ve lost, you want a clear choice between Upper Tribunal and a fresh application, with deadlines diarised and your lawful status protected.
If you want us to map your best route forward (and help you act quickly), get in touch here: Contact Garth Coates Solicitors.
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