When must I ask the First-tier Tribunal for permission to appeal to the Upper Tribunal?

Apply in writing to the First-tier Tribunal so it receives the application within 14 days after written reasons were sent to the applicant. Where the appellant is outside the UK, the period is 28 days. An amended decision notice can start the applicable period again.

Responsible actor. A party seeking permission to appeal a First-tier Tribunal immigration decision on an alleged error of law.

Rule 33(2) uses the date the party making the application was sent written reasons. It does not simply use the hearing date, decision date, receipt date or the date another party was sent reasons.

Rule 33(3) uses 28 days where the appellant is outside the United Kingdom. The relevant location is the appellant’s, rather than the lawyer’s office or the location of another party seeking permission.

Under rule 33(4), time for permission against an amended notice of decision runs from the date the applicant is sent that amended notice. Check the file for an actual amendment before reusing the original reasons date.

If written reasons have not been provided, paragraphs (6) and (7) govern treatment of the application and any time-extension question. Do not invent a sending date or automatically count from the oral hearing.

This is the rule 33 application made to the First-tier Tribunal, even though the proposed appeal is to the Upper Tribunal. Establish the appellant’s location, the applicant-specific sending date and any amended decision notice. No-written-reasons and late applications require the special rule 33 procedure.

1. Establish that the application is the First-tier rule 33 permission stage.
2. Confirm the appellant’s location and the sending date to the party seeking permission.
3. Check for an amended notice of decision and any no-written-reasons procedure.
4. Exclude the selected sending date and count 14 or 28 calendar days.
5. Apply the rule 1(4) and rule 11 final-day test, then ensure timely First-tier Tribunal receipt.

Exclude the established event date for these periods expressed as days after that date. Count all following calendar days, including intermediate weekends, bank holidays and December 27 through 31. Apply the working-day test only to the final day.

Rule 1(4) excludes Saturday, Sunday, Christmas Day, Good Friday, bank holidays and December 27 through 31 from working days. Under rule 11(2), carry a final nonworking day to the next working day unless the Tribunal directs that this paragraph does not apply. Do not skip the Christmas shutdown inside a 14-day or 28-day calendar period. These examples use England and Wales bank holidays.

Fictitious example

The applicant applies to the First-tier Tribunal for permission to appeal its decision. The appellant is in the United Kingdom. Written reasons were sent to this applicant on Monday, October 12, 2026. No amended notice, no-reasons route or contrary direction applies.

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

Correct recipient

The written application under rule 33(1) goes to the First-tier Tribunal. A direct application to the Upper Tribunal after refusal or limited permission is a distinct stage under Upper Tribunal rule 21.

Appellant outside the UK

Rule 33(3) refers to an appellant outside the United Kingdom. Establish that fact when selecting the branch. Another party’s location or the representative’s address does not by itself establish the 28-day period.

Amended notice and absent reasons

Paragraph (4) supplies the amended-notice trigger. Paragraphs (6) and (7) govern an application where written reasons are absent or related applications were late. Confirm the actual procedural state rather than choosing the later date merely because it is more convenient.

Extension and grounds

Paragraph (5) requires identification of the decision, alleged error of law and result sought. Include any request for extension with the reasons why it should be granted. A calculation does not establish a legal error or grant more time.

Final-day carry and directions

Use rule 11 with the rule 1(4) working-day definition, including December 27 through 31. The Tribunal can shorten or extend time under rule 4(3)(a), and can displace the ordinary final-day carry.

• This is the rule 33 application made to the First-tier Tribunal, even though the proposed appeal is to the Upper Tribunal. Establish the appellant’s location, the applicant-specific sending date and any amended decision notice. No-written-reasons and late applications require the special rule 33 procedure.
• First-tier rule 33 permission concerns a legal error in the Tribunal’s decision. It follows the initial Home Office appeal. A later application to the Upper Tribunal after refusal uses Upper Tribunal rule 21 and must not inherit the First-tier application date, recipient or outside-UK period. The Tax Chamber permission route is a separate chamber and timetable, useful only for identifying the correct tribunal rather than importing its period.

• Identify the First-tier decision and alleged error or errors of law.
• State the result sought and include any extension application with reasons.
• Preserve the written reasons, proof of sending to this applicant and any amended notice.
• Use the First-tier permission form supplied with the decision or the authorized MyHMCTS permission task.
• Keep the submission confirmation and any subsequent refusal or limited-permission notification. That notification belongs to a different possible Upper Tribunal clock.
• Rule 11(1) normally requires the act by midnight, unless otherwise directed. The relevant notice or application must actually reach the First-tier Tribunal by the applicable deadline. Use the filing channel and address authorized for the case under rule 12. A posted envelope, saved draft, upload in progress or message to the Home Office does not establish Tribunal receipt. Preserve submission confirmation, the document and the actual receiving timestamp.