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administrative review

If your UK visa application has been refused and you wish to challenge the decision, an administrative review can be an option.

You can contact us at 0333-0124-253 for further information and assistance in the administrative review process. It’s essential to seek professional guidance to navigate the appeals and review procedures effectively.

Want to Apply for an Administrative Review?

If you believe that the decision on your visa application is unfair, you might consider applying for an Administrative Review. Immigration lawyers can provide you with valuable assistance throughout the process, helping you address any unfavorable decisions or issues related to your visa application. Their expertise can be crucial in seeking a fair resolution to your immigration situation.

What is the Difference Between an Administrative Review and a Right to Appeal?

An Administrative Review is distinct from the Right of Appeal process. Appeals are intended to challenge the reasons for a visa refusal and are examined by a court, while administrative reviews are conducted by the Home Office to address errors or mistakes made during the visa application assessment.

It’s important to understand that not all visa categories offer the right to appeal, and not all visa decisions can be challenged through an administrative review. To determine the appropriate course of action for your specific situation, it is advisable to consult with an immigration lawyer. They can provide guidance and help you navigate the process effectively.

For more information and to discuss your options, you can contact a PLS immigration lawyer at 0333 0124 253.


Right to Apply for Administrative Review?

The Right to Apply for Administrative Review is typically available in the following cases:

  1. Visa Refusals:

   – Tier 1 Entrepreneur Visa

   – Tier 1 Investor Visa

   – Skilled Worker Visa

   – Temporary Worker Visas

   – Global Business Mobility Visas

   – Tier 4 (General) Student Visa

   – Graduate Visa

   – Global Talent Visa

   – Innovator Visa

   – Startup Visa

   – UK Ancestry Visa

   – Representative of an Overseas Business Visa

   – Government Authorised Exchange Worker Visa

   – Sportsperson Visa

  1. Challenging the Period or Conditions of Leave:

   – If you were granted a visa but are dissatisfied with the granted period or conditions of leave.

  1. Border Cancellation:

   – If your decision to enter or remain in the UK was canceled at the border due to changes in circumstances, false representations, or omitting crucial information.

  1. Visitor Visa Cancellation:

   – For Visitor Visas, if your visa was canceled at the UK border.

Please note that if your Visitor Visa was refused at the application stage, you can only apply for a judicial review or reapply for the visa.

It’s important to check your decision letter to determine if you have the right to apply for an administrative review and follow the specific guidance provided. If you have questions or need assistance with the process, consider consulting with an immigration lawyer.


Grounds for an Administrative Review

Administrative reviews are typically requested on the grounds of case working errors, which means that the Home Office made mistakes during the processing of the application that could have affected the decision or could impact future applications. Some common case working errors that may serve as grounds for an administrative review include:

  1. If the Home Office incorrectly calculated the period or conditions of leave granted in your visa.
  2. If the Home Office wrongly canceled entry clearance due to reasons like false representation, false documents or information, previous breach of conditions, or failure to disclose material facts.
  3. If the Home Office applied the wrong immigration rules or failed to apply the correct immigration rules when deciding on an application.
  4. If the Home Office failed to request specific documents required to make a decision on the application.
  5. If the Home Office wrongly rejected an application due to the application date exceeding a lawful time limit.

These are examples of errors that could serve as grounds for requesting an administrative review. However, it’s essential to carefully review your specific case and the decision letter to determine if an administrative review is appropriate. Consulting with an immigration lawyer can provide valuable guidance in this process.

Applying for an Administrative Review From Outside the UK

If you are outside the UK and your visa application was refused, you can apply for an administrative review if you meet the following conditions:

  1. You applied from outside the UK.
  2. Your application was refused, and you don’t have the right to appeal.
  3. Your application is not for a Visitor Visa or a short-term student visa.

To apply for an administrative review from outside the UK, you must submit your request online within 28 days of receiving your decision from the Home Office.

It’s important to be aware that the administrative review process can be time-consuming. It may take 12 months or more before you receive a response. If you haven’t received a decision on your application within six months, the Home Office will contact you with an update.

Additionally, it’s crucial to note that you cannot request a second administrative review unless the first review reveals new reasons for your refusal. Your decision letter will indicate whether you are eligible to apply for a second review.


Applying for an Administrative Review From Inside the UK

To apply for an administrative review from inside the UK, you must meet the following criteria:

  1. You are currently in the UK and applied from within the UK.
  2. You have not been granted the right to appeal.
  3. Your application was either refused or granted, but you are not satisfied with the conditions of your permission to stay.

You should submit your application for an administrative review from within the UK within 14 days of receiving the Home Office’s decision or your biometric residence permit. If you were detained when you received the decision, you must apply within 7 days.

The administrative review process from within the UK typically takes 6 months or more. If you do not receive a decision within 6 months, the Home Office will provide you with an update. Similar to applying from outside the UK, you cannot request a second review unless the result of the first review includes a new reason for the refusal.

If your current visa expires while you are waiting for the Home Office’s decision, you will not be removed from the UK until your review is finalised.


Contact Us For More Information

Fill out the form below to receive a confidential initial consultation.

Contact Us For More Informtion

Fill out the form below to receive a confidential initial consultation.

Frequently Asked Questions

There are four possible outcomes of an administrative review according to the Immigration Rules:

  1. The application is successful, and the Home Office withdraws the initial decision.
  2. The application is unsuccessful because the Home Office believes that the initial decision contains a case-working error, and all the reasons given for the decision are maintained.
  3. The application is not successful, and the visa refusal remains in force, but the Home Office withdraws one or more reasons given for the refusal.
  4. The application is unsuccessful, and the refusal remains but with different or additional reasons to those given in the initial application.

If the Home Office determines that your visa refusal was due to a case working error, they will withdraw the incorrect decision and issue a new one. If the new decision finds that your original application should have been approved, you will be granted a visa based on your initial application.

Your visa will be valid from the date of withdrawal of the inaccurate decision, and you will receive a refund of your administrative review application fee.

If the Home Office determines that the original decision on your visa application should stand, you will receive a notification to that effect. In this case, you cannot request another review.

You can only apply for a second administrative review if the outcome of the first review uncovers new reasons for your visa refusal. With the second review, you can only challenge the new grounds for refusal, as indicated in your decision letter.

In general, if your administrative review is unsuccessful, there are three courses of action you can consider. The first is to reapply for the visa. It’s crucial to build a strong case and prepare the right documents before reapplying.

Another option is to make an appeal on human rights grounds. This involves arguing that the unsuccessful administrative review violates your fundamental human rights. However, this option is complex and only applicable in specific situations, so it’s advisable to discuss it with your lawyer before proceeding.

The third option is to initiate a judicial review. This involves taking the case to an immigration tribunal to determine whether the Home Office made an incorrect decision and, if so, to reconsider the matter.

If you’re facing a visa refusal or have had your leave canceled at the border, it can be a frustrating experience. Whether you need advice on your eligibility to apply for an administrative review or require assistance in preparing and submitting your review application, our immigration lawyers at PLS are here to assist you throughout the process.

We’ll work with you to identify errors in Home Office decisions, prepare a robust administrative review application, and provide legal expertise to ensure the best possible outcome. For personalised assistance and consultations, you can reach out to us at 0333 0124 253 or contact us online. We’re here to help you navigate the administrative review process and work towards a favorable resolution.