Administrative Review Package

An administrative review is a fundamental aspect of the UK’s immigration system, offering visa applicants the opportunity to challenge certain decisions made by the Home Office.

If you feel that the decision made on your visa application is unfair, you may be able to apply for an administrative review. But you can only ask for a review on the basis that the Home Office’s decision resulted from one or more case-working errors as defined in the UK immigration rules.

After requesting an administrative review, the Home Office will reevaluate its decision. This reevaluation process will be conducted by a separate team different from the official who made the initial decision.

If the Home Office acknowledges a mistake in handling your case, they will correct it.

Page Contents

• What is an Administrative Review?
• What is the Difference Between an Administrative Review and a Right to Appeal?
• Who has the Right to Apply for Administrative Review?
• What are the Grounds for an Administrative Review?
• How to Apply for Administrative Review for UK Visa
• Applying for an Administrative Review From Outside the UK
• Applying for an Administrative Review From Inside the UK
• Administrative Review Fees
• New Applications and Administrative Review
• Possible Outcomes of Administrative Review
• What Will Happen If My Administrative Review Is Successful?
• What Will Happen if My Administrative Review Is Not Successful?
• How Can IAS Help?
• Frequently Asked Questions

An administrative review is not the same as appealing a visa decision through the Right of Appeal process. While appeals are for challenging the rationale behind a refusal and reviewed by a court, administrative reviews are handled by the Home Office and specifically for addressing errors or mistakes made during visa application assessments.

It’s worth noting that there is no right of appeal available for certain visa categories, and neither can all visa decisions be challenged by an administrative review. As such, it’s important to discuss with an immigration lawyer to know the right course of action to take.

Speak with an IAS immigration lawyer at 0333 363 8577 to discuss your options.

An administrative review can only be requested on the grounds that the Home Office made a case working error that could have made a difference to the decision or could impact future applications.

Some common case working errors that an administrative review can address include:

• If the Home Office failed to calculate the correct period or conditions of leave
• If the Home Office incorrectly cancelled entry clearance due to false representation, false documents or information, previous breach of conditions, or failure to disclose material facts
• If the Home Office applied the wrong immigration rules or failed to apply the correct immigration rules when deciding on an application
• If the Home Office failed to request specific documents required to decide the case
• If the Home Office wrongly rejected an application due to the application date exceeding a lawful time limit.

The process of applying for an administrative review depends on whether you are outside the UK or in the UK.

At the review stage, you cannot provide new evidence to dispute the decision or address any shortcomings in your application. The exception is if the new evidence will impact the decision under review and it:

• Should have been requested by the Home Office before the initial decision was made
• Proves that there was no false information or deception if the refusal was on deception grounds
• Shows that there was no change in circumstance if entry clearance was cancelled at the UK border for this reason
• Demonstrates that the application was submitted within the specified time limit, even when an alleged failure to apply on time was used as a reason for refusal.

You can apply for an administrative review outside the UK if you fulfil the following conditions:

• You are based outside the UK, and you applied from there
• You didn’t apply for a Visitor Visa or a short-term student visa
• Your application was refused, and you don’t have a right to appeal

You must apply online for an administrative review within 28 days of receiving your decision from the Home Office.

The administrative review process 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 reach out to provide you with an update.

It’s important to note that you cannot request a second administrative review except if the first review uncovers new reasons for your refusal. Your decision letter will indicate whether you can apply for a second review.

You can submit an application for an administrative review from inside the UK if:

• You are in the UK and applied from within the UK
• You have not been granted a right of appeal
• Your application was refused, or it was granted, but you are not satisfied with the conditions of your permission to stay

To apply for an administrative review from within the UK, you must do so within 14 days of receiving the Home Office’s decision or your biometric residence permit. If you were detained when you got your decision, you must apply within 7 days.

The review process from within the UK takes 6 months or more. If you do not get a decision within 6 months, the Home Office will send you an update. As with applying from outside the UK, you cannot apply for a second review unless the result includes a new reason for the refusal.

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

The administrative review process costs £80, and you must pay it at the time of submitting your online application. If you include dependents in your application, they will not be charged a fee.

Your application fee will not be refunded if the review’s outcome upholds the original decision or you withdraw your application before a decision is made. On the other hand, it will be refunded under the following circumstances:

• If your application is deemed invalid by the Home Office
• If the review results in a grant of leave where the original grant of leave was issued for the wrong period or with incorrect conditions

Typically, the refund should be processed within 3 weeks of receiving the new decision.

If you submit a new visa application while your administrative review is pending, your review application will be withdrawn.

Also, if you make a new application and then submit an administrative review application regarding a prior decision, your administrative review application will be rejected.

Furthermore, if you are within the UK and you leave or ask for your passport back so you can leave the country, your application will be considered withdrawn.

It’s important to discuss your options with an immigration lawyer before making new applications or taking certain actions that might affect your application. Contact our immigration lawyers at 0333 363 8577.

There are four possible outcomes of an administrative review as stated in the Immigration Rules, and they include:

• The application is successful, and the Home Office withdraws the initial decision
• 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
• 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
• 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 resulted from a case working error, they will withdraw the incorrect decision and issue a new one. If the new decision concludes that the original application should have been approved, you will be granted a visa in line with your initial application.

Your visa will be valid from the withdrawal date of the inaccurate decision. You will also be granted a refund of your administrative review application fee.