Appeals
Administrative Review is the first option available when an application under Points-Based-System gets refused by the Home Office. There is no Right of Administrative Review given when Visitor Visa applications are refused.
Our expert lawyers have an in-depth understanding of the Administrative Review process. We can assist you with the correct application procedure and ensure UK Visas and Immigration (UKVI) know exactly why an Administrative Review is being requested, so they can focus on correcting the relevant issue.
Administrative Review can be a complex process; however, by instructing us, you can trust that your matter will be dealt with quickly, and all aspects of the Administrative Review process will be explained to you in a clear, friendly manner.
Administrative Review is a process in which people applying for entry clearance / visa applications can challenge the refusal on the basis that the decision is incorrect due to a case working error.
The following types of applications are eligible for Administrative Review:
- Tier 2 visa
- Tier 4 visa
- Tier 1 Investor Visa
- Indefinite leave to remain based on PBS
An Administrative Review is conducted by a separate team that is independent of the original decision maker. At present, the Home Office team dealing with in-country Administrative Review decisions is based in Manchester, making them physically separate from the initial case working teams in Sheffield and Liverpool.
We will provide you with all the information you need to fully understand the Administrative Review process. You will also receive the email and direct dial of the lawyer handling your matter so that you can ask questions at any time during office hours.
HOW DO I APPLY FOR AN ADMINISTRATIVE REVIEW?
If UKVI refused your entry clearance or leave to remain application, it must issue a written notice concerning the applicant’s eligibility for Administrative Review. The notice must include or be accompanied by a statement of the reasons for refusal. Information on how to apply for Administrative Review and the time limits for making an application must also be included within the information provided to an applicant by the Home Office.
If you are outside the UK and wish to apply for an Administrative Review of a UKVI decision, you will have 28 days to make the application. If you are applying inside the UK, you have 14 days.
When applying for Administrative Review, you must:
- mention the reasons for refusal that are in your decision letter, and say why you think a mistake was made
- send your completed form in the method the application refusal letter states (by email, post or in person)
We will assist you in examining the reasons for the refusal and put together a detailed covering letter explaining the points that need to be reviewed.
Because an Administrative Review is conducted on the refused submission, additional documents are not included with the Administrative Review application. However, if more documentation is requested, we can advise you to organise it.
WHAT ARE THE ADVANTAGES OF AN ADMINISTRATIVE REVIEW?
One of the key advantages of the Administrative Review process is its cost-effectiveness; £80 per application. Some applicants may be exempt from paying the fee in the following circumstances:
- you did not have to pay for the original application, or where the fee was waived
- as a result of exceptional circumstances, you can prove you are unable to pay the fee
The key to ensuring an Administrative Review is successful first time such as for one of our Tier 4 refused client, is to precisely pinpoint the error made by immigration officials when deciding your application and clearly spelling this out in your application.
WHAT IF MY ADMINISTRATIVE REVIEW IS REFUSED?
There are four possible outcomes to an application for AR as stated in the Immigration Rules, Appendix AR, para AR2.2. These are the Administrative Review:
- Succeeds and the eligible decision is withdrawn, or
- Does not succeed and the eligible decision remains in force, and all of the reasons given for the decision are maintained, or
- Does not succeed and the eligible decision remains in force, but one or more of the reasons given for the decision are withdrawn, or
- Does not succeed and the eligible decision remains in force but with different or additional reasons to those specified in the decision under review—note in this scenario, you may be entitled to apply for Administrative Review related to the new reasons
If UKVI does not grant you leave to enter after receiving an Administrative Review, our lawyers can assist you with the next best steps. This can include making a new application or an appeal on human rights grounds where applicable or seeking a Judicial Review of the decision.