If you’ve just lodged an immigration appeal (or you’re thinking about it), one of the first practical choices you’ll face is whether you want the Tribunal to decide your case on the papers or at an oral hearing. That decision shapes everything: how your evidence is presented, whether you’ll be questioned, how you prepare, and how you manage nerves on the day.
This guide explains the difference in plain English, what usually happens at a hearing, and how to prepare to give evidence in a way that actually helps your case — without overcomplicating it.
If you want support from start to finish, this is the page to begin with: Appeals and Judicial Review.
Paper vs oral hearings: what’s the difference?
Paper (decided “without a hearing”)
A paper appeal means the judge decides your appeal using the documents and written arguments you submit. You do not attend and you do not give oral evidence.
It’s also typically cheaper in Tribunal fees: £80 without a hearing compared with £140 with a hearing.
A paper decision can work well when:
- the refusal turns on documents that are clear and complete (for example, financial evidence that meets the rules),
- there’s no real dispute about your credibility,
- and the legal issue is narrow and well evidenced.
But a paper appeal can be risky if your case needs explanation. If the Home Office doubts your relationship, intentions, or credibility, you often benefit from being able to answer questions and clarify misunderstandings.
Oral (you attend a hearing)
An oral hearing means you (and sometimes witnesses) attend so the judge can hear evidence and ask questions. The Home Office may also attend (often via a Presenting Officer).
If you’re unrepresented, the general structure is usually: you give your evidence first, then the Home Office asks questions, and the judge may ask questions as well.
Oral hearings can be especially helpful when:
- your case depends on your personal circumstances (family life, private life, proportionality),
- the Home Office refusal suggests credibility concerns,
- or you need to explain gaps in documents, timing, or context.
If your refusal touches on Article 8 issues, it’s worth reading: Article 8 family and private life appeals: what tribunals look for.
Fees, timing, and practical expectations
Most First-tier Tribunal immigration appeals involve a fee. The standard fees are £80 (paper) and £140 (oral), and there are routes to apply for help with fees depending on your circumstances.
Also: hearings do not always happen exactly when you’d like. Some are in-person, some are remote, and some are rearranged. HMCTS has confirmed that some Immigration and Asylum Chamber hearings may take place by telephone or video.
If you’re deciding your strategy after a refusal (appeal vs other challenge routes), start here: UK visa refusals.
What happens on the day of an oral hearing?
Every case is different, but most hearings follow a familiar rhythm.
1) Arrival, sign-in, and waiting
You’ll usually arrive at the hearing centre (or log in remotely) and wait until your case is called. If you need an interpreter, your representative should have arranged it in advance — don’t assume one will “just be there”.
2) The judge explains the process
The judge will normally introduce the case, confirm who is present, and explain how the hearing will run. If you’re representing yourself, the Tribunal has guidance aimed at unrepresented appellants about what to expect.
3) Your evidence
You’ll typically be asked to confirm your name and details, and then you’ll give your evidence. If you have a witness (for example, your partner), the witness may give evidence too.
4) Questions (cross-examination)
The Home Office Presenting Officer may ask you questions, and the judge may ask questions as well.
This part can feel intense, but it isn’t about “catching you out” for sport. The Tribunal is trying to test the facts that matter to the legal decision.
5) Submissions (legal arguments)
Your representative (or you, if you’re unrepresented) will explain why the appeal should be allowed. The Home Office will argue why it should be dismissed. Usually, you’ll have the chance to respond briefly at the end.
6) Decision
Sometimes you’ll get a decision later in writing rather than on the day. That’s normal.
If your case relates to the EU Settlement Scheme, this can be a particularly evidence-heavy area — here’s a helpful explainer: EU Settlement Scheme refusals and appeal rights.
How to prepare your evidence properly (without drowning in paperwork)
Winning appeals are usually the organised ones. Preparation isn’t about producing 400 pages. It’s about producing the right pages, in a way the judge can follow.
1) Know what you must prove
Start with the refusal reasons. Highlight each reason and write, in plain language:
- what the Home Office says is wrong,
- what the correct position is,
- and what evidence proves it.
2) Build a clean bundle
Your bundle should be:
- indexed,
- paginated,
- and easy to navigate.
Judges don’t have time to hunt for key pages. If your evidence is hard to follow, it’s easier for the important detail to be missed.
3) Your witness statement is the backbone
A strong witness statement:
- follows the refusal reasons in order,
- uses dates and specifics (not generalities),
- and matches your documents.
If you say you lived together from March 2023, your documents should support that. If there’s a gap, explain it honestly with context.
4) Prepare for questions the “nice” way
Don’t rehearse a script. Do prepare for predictable questions, especially around:
- timelines (when you met, moved in, married, separated, reconciled),
- finances (income, savings, who pays what),
- immigration history (previous refusals, overstays, changes in circumstances),
- and authenticity (why your relationship is genuine, how you communicate, future plans).
Your goal is simple: answer what is asked, truthfully, and clearly.
5) Practise your “calm answers”
When you’re nervous, you may ramble. Practise answering in short blocks:
- Yes / No (if that’s the answer),
- then 1–2 sentences of explanation,
- then stop.
If you don’t understand a question, say so. If you don’t remember something exactly, don’t guess — explain what you do remember.
6) Don’t forget the bigger picture (settlement plans)
Many appeals sit within a longer journey — partner routes, work routes, settlement, and later citizenship. It can help to keep your longer-term plan straight:
When you should get help (even if you’ve done most of it yourself)
Some cases are “paperwork hard”. Others are “legal test hard”. If you’re facing credibility issues, complex Article 8 arguments, or procedural unfairness, you’ll usually benefit from proper representation and a clear plan.
Ready to prepare properly?
If you’ve got an appeal coming up and you want to go in confident — with your evidence structured, your statement solid, and your hearing strategy clear — we can help you get it right. Speak to the team here: Contact Garth Coates Solicitors.
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