[UPDATE: the cheat sheet was amended on 8 March 2018 to correct an error in section 5, which previously referred to ’38 working days’ instead of ’38 days’. My sincere apologies for that error and thanks to Zarina Rahman for drawing it to my attention. It was further amended on 21 March 2018 to add new time limits for applications to the UK Supreme Court. A further update was made on 21 May 2018 to reflect the changes to the First-tier Tribunal’s procedure rules. Thanks to Ubah Dirie for pointing out this change].
One of the more frustrating elements of the modern immigration law landscape is the fact that those affected will often interact with a number of different decision-makers who are themselves subject to a variety of laws and policies.
Important time limits are not always displayed (or displayed correctly) on immigration decision letters, there are many different deadlines which makes them difficult to memorise, and they are governed by rules that are widely dispersed across half a dozen different documents.
To help you navigate the minefield / system, I’ve produced a short summary of the key time limits.
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IMMIGRATION LAW TIME LIMITS CHEAT SHEET (Version 4, 21 May 2018)
Abbreviations:
PTA: permission to appeal
F-tT: First-tier Tribunal
UT: Upper Tribunal
JR: judicial review
TWM: ‘totally without merit’
Application for Administrative Review of an eligible decision
- If applicant is in the UK: and not detained, no later than 14 days after receipt by the applicant of the notice of the eligible decision;
- If applicant is detained in the UK: no later than 7 days after receipt by the applicant of the notice of the eligible decision;
- If applicant is outside of the UK: no later than 28 days after receipt by the applicant of the notice of the eligible decision;
- If the eligible decision is a grant of leave to remain, no more than 14 days after receipt by the applicant of the biometric document which states the length and conditions of leave granted.[1]
Appeal to the F-tT following refusal of a human rights / protection / asylum claim or relevant EEA decision:
- If applicant is in the UK: the notice of appeal must be received by the F-tT no later than 14 days after the appellant was sent the decision under appeal;[2]
- If applicant is outside the UK: the notice of appeal must be received by the F-tT:
Application to the F-tT for PTA to the UT:
- If applicant is in the UK: application must be sent so that it is received by the F-tT no later than 14 days after the appellant was sent with the decision;[5]
- If applicant outside the UK: application must be sent so that it is received by the F-tT no later than 28 days after the applicant was sent the decision.[6]
Application to the UT for PTA to the UT following the F-tT’s refusal of PTA:
- If applicant is in the UK: 14 days after the date that the F-tT’s notice of refusal of PTA was sent to the appellant;[7]
- If applicant is outside the UK: 1 month after the date that the F-tT’s notice of refusal of PTA or refusal to admit the application for PTA was sent to the appellant.[8]
Application to the UT for PTA to the Court of Appeal following dismissal of a statutory appeal by the UT:
- If applicant is in the UK at the time the application is made (and not detained): the application must be received by the UT no later than 12 working days after the applicant was sent the decision (or 10 working days if the decision was sent electronically or delivered personally);[9]
- If applicant outside the UK at the time the application is made: the application must be received by the UT no later than 38 days after the applicant was sent the decision (or 10 working days if the decision was sent electronically or delivered personally);[10]
- If applicant is detained in the UK: the application must be received by the UT no later than 7 working days after the applicant was sent the decision (or 5 working days if the decision was sent electronically or delivered personally).[11]
Application to the Court of Appeal for PTA following the UT’s refusal of PTA in a statutory appeal:
- Appellant’s notice must be filed at the Court of Appeal within 28 days of the date that the UT’s notice of decision refusing PTA was sent to the Appellant.[12]
Application for judicial review to the UT or High Court
- Grounds for judicial review must be filed promptly and no later than 3 months after the date of the decision being challenged.[13]
Application to the Court of Appeal for PTA following the UT’s refusal to grant permission for JR after an oral renewal hearing, or on the papers with a TWM finding:
- Appellant’s notice must be filed at the Court of Appeal within 7 days of:
- the UT’s refusal of permission to appeal where that decision was made at a hearing; or
- the service of the UT’s order refusing PTA where the decision to refuse PTA was made on the papers (with a TWM finding).[14]
Application for PTA to the Court of Appeal following dismissal of JR by the UT after final hearing:
- Appellant’s notice must be filed at the Court of Appeal within 21 days of the date of the UT’s decision (or such period as directed by the UT).[15]
Application for permission to JR the UT’s refusal of PTA against a F-tT determination (‘Cart JR’)
- File claim form and supporting documents in the Administrative Court of the High Court no later than 16 days after the date the UT’s notice of decision was sent to the applicant.[16]
Application for PTA to the Court of Appeal following refusal of permission to apply for JR in a Cart JR at a hearing by the High Court
- Appellant’s notice must be filed at the Court of Appeal within 7 days of the decision of the High Court to refuse permission for JR.[17]
Application for PTA to the Court of Appeal following refusal on the papers of permission to apply for JR in a Cart JR by the High Court and a TWM finding
- Appellant’s notice must be filed at the Court of Appeal within 7 days of service of the order of the High Court refusing permission for JR.[18]
Application for PTA to the UK Supreme Court against a Court of Appeal judgment
- Where the applicant is not applying for legal aid, subject to any Act that makes special provisions for a category of appeal, the application for PTA must be filed within 28 days of the date of the order of the Court below;[19]
- Where the applicant is applying for legal aid, the application for PTA must be filed within 28 days of the date of the final determination of the application for public funding.[20]
IMPORTANT NOTE
This cheat sheet is not a substitute for the statutory provisions and should not be relied upon as legal advice, nor as creating a barrister-solicitor or a barrister-client relationship. You must always check the applicable law and statutes in force at the date of use. Many of the above deadlines run from the date that a relevant decision was ‘sent’ to the Appellant / their representative by the Tribunals. In practice, this may lead to shortening of already tight deadlines if notices of decision are delayed in the post. This highlights the importance of good postal record keeping and prompt responses (including, where necessary, timely applications for an extension of time).
References
[1] Immigration Rules paragraph 34R(1).
[2] SI 2014/2604, r 19(2).
[3] SI 2014/2604, r 19(3)(b).
[4] SI 2014/2604, r 19(3)(a).
[5] SI 2014/2604, r 33(2) as amended by r 4(2) of the Tribunal Procedure (Amendment) Rules 2018/511.
[6] SI 2014/2604, r 33(3) as amended.
[7] SI 2008/2698, r 21(3)(aa)(i).
[8] SI 2008/2698, r 21(3)(b).
[9] SI 2008/2698, r 44(3A) to (3C).
[10] SI 2008/2698, r 44(3A) to (3C).
[11] SI 2008/2698, r 44(3A) to (3C).
[12] CPR, Practice Direction 52D, paragraph 3.3.
[13] CPR r.54.5(1).
[14] CPR r.52.9(3).
[15] CPR r.52.12(2)(b).
[16] CPR 54.7A(3).
[17] CPR r.52.8(3).
[18] CPR r.52.8(4).
[19] Supreme Court Rules 2009/1603, r. 11.
[20] Supreme Court Rules 2009/1603, r. 11 and 5(5).
