Rules And Rights

An applicant who applies for leave to remain in the United Kingdom, but is refused, will only be able to appeal the decision if at the time that they applied for the leave they already had leave of some sort, unless the Home Office go on to make a decision to remove the applicant (which gives rise to a separate right of appeal).

The Home Office have recently adopted a practice where an application has been refused of stating that a decision to remove will follow later. There may be a good reason for this practice, which allows failed applicants who were already here unlawfully, to leave under their own steam without the expense and bureaucracy involved in a forced removal. However, it has led to real difficulties for those convinced that the refusal of leave was mistaken. They have to remain in limbo, unable to work (or receive benefits) until such time as the Home Office decide to remove them.