Frequently Asked Questions
6. Visas & Entry Clearance
The Immigration Judge has allowed my appeal, but the visa section doesn’t have a copy of the decision. Why?
When an appeal is allowed, the UTIAC will forward the Tribunal determination to you, your representative and the Respondent (the UK Border Agency). This is so that any party who wants to challenge the determination on a point of law can do so. The UTIAC aims to do this within 12 working days of the hearing. The UK Border Agency will let the Entry Clearance Officer know of the decision. The UK Border Agency has 5 days in which to challenge the determination. If they decide not to do so they will send a copy of the determination to the Entry Clearance Officer and aim to do this within 4 weeks.
The visa section has received a copy of the decision but is yet to issue my entry clearance. What happens now?
When the Entry Clearance Officer (ECO) receives a copy of the decision, they will link it to your file and take one of the following actions:
They will contact you regarding the issue of your entry clearance. The visa section will aim to contact you as soon as possible but this can take up to 4 weeks.
When the Immigration Judge has allowed an appeal the ECO will confirm whether you still wish to travel, the category of entry clearance required and whether there has been any change of circumstances. This may require another brief interview and the need to see further documents. The entry clearance should then be issued unless there has been a significant and material change of circumstances since the refusal decision, or a material deception has come to light of which the Immigration Judge would be unaware.
Once the UTIAC has given its decision, it is no longer within our jurisdiction. There is very little that we can do to speed things up. If you are waiting for a visa to be issued, we recommend that you contact the ECO for an update. Contact details can be found on the UK Border Agency – Visa services website.
The Immigration Judge allowed my appeal some time ago, why has the Visa Section not contacted me about my entry clearance?
Once the UK Border Agency have reviewed the determination and have decided that they are not going to challenge the decision, they will inform the ECO by sending a copy of the determination to them by their internal postage system. The ECO is unable to issue a visa until they have received the copy of the determination directly from the UK Border Agency. Please note that this can take at least 4 weeks.
When the ECO receives a copy of the decision, they will link it to your file and assess what action is to be taken. You will then be contacted about your entry clearance. This process can take up to another 4 weeks at busy visa sections such as Islamabad, Addis Ababa, or Kingston.
The Immigration Judge allowed my appeal, but the Entry Clearance Officer has refused to issue my entry clearance. Why can they do this?
If there has been a significant and material change in circumstances since the refusal decision, or a material deception of which the Immigration Judge would not have been aware, the ECO can refuse an allowed appeal. However, you would have a further right of appeal against that decision.
