What is an Administrative Review?
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.
- 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
What is the Difference Between an Administrative Review and a Right to Appeal?
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.
If you receive a visa refusal, you will be told in your decision letter why this decision was taken and if you have the right to apply for an administrative review. In general, the following types of applications are eligible for an administrative review:
- 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
Besides visa refusals, if you were granted a visa and are not satisfied with the period or conditions of leave you were given, you can ask for the decision to be reviewed.
Also, if your decision to enter or remain was cancelled at the UK border due to changes in circumstances, false representations, or omitting crucial information, you can apply for an administrative review.
An administrative review also applies if you have a Visitor Visa and your visa was cancelled at the UK border. However, if your Visitor Visa was refused at the application stage, you can only apply for a judicial review or reapply for the visa.
What are the Grounds for an Administrative Review?
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.
How to Apply for Administrative Review for UK Visa
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.
Applying for an Administrative Review From Outside the UK
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.
Applying for an Administrative Review From Inside the UK
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.
Administrative Review Fees
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.
New Applications and Administrative Review
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.
Possible Outcomes of Administrative Review
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.
What Will Happen If My Administrative Review Is Successful?
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.
If the Home Office decides that the initial decision on your visa application stands, you will receive a notification in that regard. In this case, you cannot request for another review.
You may only apply for a second administrative review if the result of the first review finds new reasons why you should be refused the visa. With the second review, you can only challenge the new grounds for refusal. Your decision letter will state if you can apply for a new review.
In general, if your administrative review is unsuccessful, there are three steps you can take. The first is to reapply for the visa. It’s important to assemble 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 infringes on your fundamental human rights.
As appealing on human rights grounds is quite complex and only applicable to specific situations, it’s advisable to discuss this option with your lawyer before exploring it.
A third step is to initiate a judicial review. This involves taking the case before an immigration tribunal to decide if the Home Office made a wrong decision and, if so, reconsider the matter.
Receiving a visa refusal or having your leave cancelled at the border can be disheartening.
Whether you seek guidance on your eligibility to apply for an administrative review or require assistance in preparing and submitting your review application, our immigration lawyers at IAS can support you every step of the way.
We will help you identify errors in Home Office decisions, prepare a strong administrative review application, and provide legal expertise to ensure the best possible outcome. For personalised assistance and consultations, call us at 0333 363 8577. Or message us online.
Last modified on November 6th, 2023 at 11:55 am
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You must fill out the administrative review form online. You won’t need to submit additional documents except as requested by the Home Office.
An administrative review is conducted by the Home Office and considers errors or mistakes a caseworker made in deciding an application. A judicial review is a formal procedure used to challenge unreasonable or unlawful decisions made by public bodies like the Home Office.
The judicial review process has a set format you must follow, including sending a pre-action protocol to the Home Office before filing a judicial review in court.
To check your UK visa administrative review status for applications made outside the UK, you can email the UKVI or check the office of the visa application centre you used in your country.
For applications made in the UK, you can contact the UKVI via telephone at 0300 790 6268. Our immigration lawyers can also help you track the status of your administrative review application with the UKVI. Call us at 0333 363 8577.