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England and Wales · Immigration and Asylum

When must I apply directly to the Upper Tribunal after First-tier permission refusal if I am outside the UK?

The ordinary outside-UK renewed permission application to the Upper Tribunal uses one calendar month after the First-tier Tribunal sent its refusal or non-admission notice. Limited permission is also covered. Rule 21 does not provide a fixed 31-day period. This source guide produces no date or paid record.

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Read why no date is calculated
Period
One calendar month under Upper Tribunal rule 21(3)(b), subject to directions and any granted extension
Trigger
Date the First-tier Tribunal sent refusal of permission, refusal to admit the permission application, or permission limited to some grounds
Rule
Upper Tribunal Rules 2008, rule 21
Upper Tribunal Rules 2008, rule 21

Upper Tribunal Rules 2008 current official revised XML acquired October 8, 2026. Pinpoints are rules 12 and 21, with the First-tier rule 33 stage reviewed separately.

Source guide · No automated date

Check the applicable procedure

The source establishes a calendar-month route, while the old public adapter uses a fixed 31 days. This known incorrect substitution is contained. No automatic date or paid record is available until supported month counting and all procedural context are implemented.

Upper Tribunal Rules 2008, rule 21

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When must I apply directly to the Upper Tribunal after First-tier permission refusal if I am outside the UK?

The ordinary outside-UK renewed permission application to the Upper Tribunal uses one calendar month after the First-tier Tribunal sent its refusal or non-admission notice. Limited permission is also covered. Rule 21 does not provide a fixed 31-day period. This source guide produces no date or paid record.

Responsible actor. An appellant outside the United Kingdom seeking renewed Upper Tribunal permission after the First-tier permission stage.

Rule 21(2) requires a prior permission application to the Tribunal whose decision is challenged. Refusal, non-admission or limited permission can lead to a direct Upper Tribunal application.

For an appellant in the United Kingdom when applying, paragraph (3)(aa) ordinarily provides 14 days. This outside-UK guide concerns the different month route in paragraph (3)(b).

Use the date the First-tier Tribunal sent the relevant refusal or non-admission notice. Rule 21(8) includes limited permission. The earlier written-reasons date belongs to the initial First-tier permission stage.

A calendar month uses corresponding-date treatment and cannot be replaced with 31 calendar days. The previous adapter made that unsupported substitution, so this exact result is withheld.

Use this guide for the direct Upper Tribunal stage after First-tier refusal, non-admission or limited permission. Establish the appellant’s location when applying and the actual sending event. This page explains the month route but has no supported calendar-month calculator.

Upper Tribunal Rules 2008, rule 21

How does this provision count time?

  1. Establish completion of the prior First-tier permission stage.
  2. Confirm the appellant’s location when making the direct application.
  3. Identify the actual refusal, non-admission or limited-permission notice sending date.
  4. Check the calendar-month period, final-day provisions, 5 pm boundary and actual directions separately.
  5. Use the authorized Upper Tribunal channel, include required documents and preserve receipt. This guide does not generate or sell a date.

The ordinary rule prescribes a calendar month after the relevant First-tier sending date. Establish the corresponding calendar date before any final-day check. No fixed 31-day substitution or computed date is released here.

Upper Tribunal rule 12(2) normally carries a final nonworking day to the next working day. Rule 12(3A) additionally excludes December 27 through 31 for immigration and asylum cases, subject to rule 12(4) specified-date directions. This is independently sourced Upper Tribunal treatment rather than a borrowed First-tier calendar.

Upper Tribunal Rules 2008, rule 21

Which facts prevent one automatic date?

The source establishes a calendar-month route, while the old public adapter uses a fixed 31 days. This known incorrect substitution is contained. No automatic date or paid record is available until supported month counting and all procedural context are implemented.

ResultRead the operative provision and establish the applicable branch.

An appellant outside the UK has a First-tier refusal notice sent September 1, 2026. No supported calendar-month adapter is released. The rule requires a corresponding calendar-month endpoint rather than a fixed 31-day addition. This establishes why the previous day-count output cannot be used. No automated date. Check the month rule and actual Upper Tribunal directions.

An outside-UK appellant has limited permission and a relevant notice sent near Christmas. The final month endpoint and any specified-date direction need review. Rule 21(8) includes limited permission. The independent Upper Tribunal Christmas provisions and actual direction must then be checked. This scenario does not invent a due date. No automated date. Establish the limited-permission event, calendar month and actual direction.

Which conditions and exceptions apply?

Prior permission stage
The applicant must first have applied for permission to the Tribunal whose decision is challenged. The direct Upper Tribunal route is available following refusal, non-admission or permission limited to some grounds, subject to the rule.
Location and recipient
The relevant appellant location is assessed when the direct application is made. The recipient is the Upper Tribunal. Do not reuse the First-tier rule 33 recipient or its outside-UK 28-day period.
Non-admission for lateness
Where the First-tier Tribunal refused to admit the earlier application because permission or written reasons were requested late, rule 21(7) requires the delay reasons and an interests-of-justice decision by the Upper Tribunal.
Late renewed application
Under rule 21(6), a late application must request an extension and explain the delay. The Upper Tribunal must not admit it unless time is extended. An extension request is not itself an extension.
Final working day and actual order
Rules 12(2) and (3A) independently address final nonworking days and the December 27 through 31 exclusion for immigration and asylum cases. Rule 12(4) preserves a direction requiring an act by a specified date.
Upper Tribunal Rules 2008, rule 21
  • Use this guide for the direct Upper Tribunal stage after First-tier refusal, non-admission or limited permission. Establish the appellant’s location when applying and the actual sending event. This page explains the month route but has no supported calendar-month calculator.
  • The initial Home Office appeal, the First-tier permission request and the renewed Upper Tribunal application are three distinct stages. The month-long outside-UK Upper Tribunal route cannot inherit the First-tier 28-day period. A Tax Chamber permission application is a separate chamber and timetable.

What must the responsible actor complete?

Questions about this procedure

When must I apply directly to the Upper Tribunal after First-tier permission refusal if I am outside the UK?

Is one month after First-tier refusal the same as 31 days?

No. Rule 21(3)(b) provides a calendar month. Months have different lengths, so a fixed 31-day addition can give a different result. This source guide withholds the former approximation and does not produce a replacement automatic date.

Upper Tribunal Rules 2008, rule 21

Does this application go to the First-tier Tribunal again?

This is the direct application to the Upper Tribunal after the First-tier Tribunal refused permission, did not admit the application or granted permission on limited grounds. The initial permission request goes to the First-tier Tribunal under its separate rule 33.

Upper Tribunal Rules 2008, rule 21

Does the month run from receipt of the First-tier refusal?

Rule 21(3)(b) uses the date the Tribunal sent refusal or non-admission, not the date of receipt. Establish the actual sending evidence. The original written-reasons date belongs to a different permission stage.

Upper Tribunal Rules 2008, rule 21

What if the First-tier Tribunal granted permission on only some grounds?

Rule 21(8) treats references to refusal as including permission granted on limited grounds. Establish the actual limited-permission notice and the grounds for which renewed permission is sought. Do not assume all grounds were refused or all were permitted.

Upper Tribunal Rules 2008, rule 21

Does the Christmas shutdown apply at the Upper Tribunal too?

Upper Tribunal rule 12(3A) independently excludes December 27 through 31 from working days in immigration and asylum cases. Rule 12(2) addresses a final nonworking day, while paragraph (4) preserves specified-date directions. Check these Upper Tribunal provisions directly.

Upper Tribunal Rules 2008, rule 12

Can I submit a late renewed application without explaining the delay?

Rule 21(6) requires a late application to include an extension request and reasons. The Upper Tribunal must not admit the late application unless it extends time. Rule 21(7) adds requirements where the earlier First-tier application was not admitted because it was late.

Upper Tribunal Rules 2008, rule 21

Official sources and review

Provisions used (6)
Provisions used in this guide
ProvisionPurpose
Upper Tribunal Rules 2008, rule 21Check the identified procedure, event, counting rule or qualification
Upper Tribunal Rules 2008, rule 12Check the identified procedure, event, counting rule or qualification
Upper Tribunal Rules 2008, rule 13Check the identified procedure, event, counting rule or qualification
Upper Tribunal Rules 2008, rule 5(3)(a)Check the identified procedure, event, counting rule or qualification
FTT Immigration and Asylum Chamber Rules 2014, rule 33Check the identified procedure, event, counting rule or qualification
HMCTS Upper Tribunal permission application stagesCheck the identified procedure, event, counting rule or qualification
Read the official controlling provision

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