Citizenship Areas
Advice on pre-action correspondence concerning immigration decisions and delays, with a clear assessment of the appropriate next step.
Advice on whether pre-action correspondence is appropriate for an immigration decision, action or failure to act.
Focused representations setting out the concern and the action being requested from the Home Office.
The Pre-Action Protocol provides a framework for identifying and, where possible, resolving a dispute before a legal claim is issued. A PAP letter is not a tribunal appeal, a new immigration application or court proceedings.
We assess the decision, available alternatives and urgency before advising whether this step is appropriate. The protocol described here applies in England and Wales; other jurisdictions require separate advice.
Our approach begins with the underlying issue and the outcome you are seeking, rather than treating a PAP letter as a routine response to every refusal.
Review the decision or delay, previous correspondence and relevant deadlines.
Consider available remedies, the legal concern and the action being sought.
Present focused representations and supporting material within the agreed scope of work.
Explain the response, any proposed action and the appropriate next steps.
A PAP letter may be appropriate where there is an arguable legal concern about a Home Office decision, action or failure to act. We assess the circumstances and the previous steps taken.
We consider the history and impact of a delay, any explanations given and the steps already taken to obtain a response. Delay alone does not automatically establish that pre-action correspondence is the appropriate remedy.
Where an appeal or administrative review is available, that process must be considered. PAP correspondence should not be used to avoid the relevant procedure or its deadline.
We set out the relevant history, the issue being challenged and the legal concern identified on assessment.
The correspondence identifies the response or remedy sought and any relevant information needed to address the dispute.
We review the supporting material and previous correspondence to present the issue clearly. The work we can undertake, and any specialist advice or referral needed, will be explained before you instruct us.
A letter can lead to reconsideration, clarification or another response, but it does not guarantee that the Home Office will change its decision.
Sending a PAP letter or waiting for a response does not stop or extend the time limit for bringing a legal claim. A response period must be considered alongside the deadline and urgency of the individual case.
Tell us promptly about removal directions, detention, imminent deadlines or other urgent circumstances. A PAP letter does not itself suspend removal or provide an interim court order.
Urgent cases may require immediate advice from an appropriately authorised litigation specialist rather than waiting for routine correspondence.
The response may agree to reconsider, explain the decision, propose further action or dispute the concerns raised. We assess what it means for your case and any remaining issue.
We explain the available next steps and whether specialist litigation advice is needed. Any court or tribunal proceedings require separate assessment and arrangements; they are not included automatically in PAP correspondence.
A PAP letter does not extend your permission or create a right to work. We consider your current status and any separate application deadlines alongside the dispute.
Related services include Immigration Appeals and Administrative Review.