Administrative Review
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:
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:
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:
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:
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 finalized.
Frequently Asked Questions
What are the possible outcomes of an administrative review?
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.
What Will Happen If My Administrative Review Is Successful?
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.
What Will Happen if My Administrative Review Is Not Successful?
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:
Reapply for the visa – It's crucial to build a strong case and prepare the right documents before reapplying.
Make an appeal on human rights grounds – This involves arguing that the unsuccessful administrative review violates your fundamental human rights. This option is complex and should be discussed with your lawyer.
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.
How Can PLS Help?
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.