Administrative Review

Administrative Review

Administrative Review is a mechanism for individuals to contest specific immigration decisions made by the UK Home Office. This process is available when applicants believe their case was mishandled due to procedural errors.

Administrative Review Overview:

• Eligibility: Your decision letter will explicitly state if you are eligible for an administrative review. Not all visa decisions qualify for this process.
• Grounds: The sole basis for review is the presence of a “case working error” as defined in the Immigration Rules.
• Process: Upon receiving an Administrative Review application, the Home Office reassesses its initial decision.
• Outcome: If a relevant case working error is identified, the Home Office will rectify the mistake and potentially revise its decision.
• Limitations: This process is not an appeal and does not consider new evidence or changes in circumstances.
• Timeframe: The deadline to apply for an administrative review depends on your location:
  • If you applied from inside the UK: You have 14 days from receiving the decision.
  • But if you applied from outside the UK: You have 28 days from receiving the decision.
• Cost: As of 2024, there is a £80 fee for requesting an Administrative Review. Though, there are exceptions, such as for human rights-based applications.

The Administrative Review process aims to efficiently address procedural errors without resorting to more complex and time-consuming appeal procedures.

Our Services

Specialising in immigration and Administrative Review applications, Axis Solicitors provides superior legal support when you need to contest UK visa refusals. Our dedicated solicitors have a track record of success reflected in our numerous 5-star reviews. Contact Axis Solicitors to have the best chances of overturning a visa refusal decision.

Who Can Apply for an Administrative Review?

Not everyone is eligible to apply for an Administrative Review. Eligibility is explicitly stated in the decision letter you receive. Generally, the following visa categories have the right to request an Administrative Review upon refusal:

1. Settled or Pre-Settled Status Applications: As of April 4, 2024, administrative reviews are no longer available for decisions made under the EU Settlement Scheme. This applies to any new applications for administrative review submitted on or after this date.
2. Skilled Worker Visas: Including Sponsor Licence applications.
3. Tier 1 Visas: High-value migrants, including entrepreneurs and investors .
4. Tier 5 Visas: Temporary workers .
5. Frontier Worker Permits: For those living in one country and working in another.
6. Student and Child Student Visas: For individuals studying in the UK .
7. Points-Based System Dependents: Family members of points-based system visa holders.
8. Decisions Made at the Border: Pertaining to entry clearance.

If your decision letter indicates that you are eligible, you can proceed with an Administrative Review to challenge the decision made on your application.

EU Settlement Scheme

Changes

• Cut-off Dates:

1. 1. • Applications for settled or pre-settled status under the EU Settlement Scheme have been accepted since November 1, 2018.
      • For decisions made on these applications after October 5, 2023, the eligibility for most administrative reviews was removed.

• Current Rules as of 2024:

1. 1. • As of April 4, 2024, administrative reviews are no longer available for decisions made under the EU Settlement Scheme. This applies to any new applications for administrative review submitted on or after this date.
      • The only exception to this rule pertains to out-of-time applications for administrative reviews from Service Providers from Switzerland.

• Transition Period:

1. • Any valid applications for administrative reviews submitted before April 4, 2024, will continue to be processed. However, new applications after this date are not considered.

Time-Limits for Administrative Review

Outside the UK:

Applicants have 28 days from the date they receive their decision notice to apply for an Administrative Review if they are outside the UK.

Within the UK:

For those within the UK, the time limit is 14 calendar days from the date of receiving the decision notice. If the applicant is detained, they must apply within 7 calendar days.

EU Settlement Scheme Refusals:

As of 4 April 2024, applications for administrative reviews of decisions made under the EU Settlement Scheme are no longer accepted (see EU Settlement Scheme: administrative review or Administrative review: caseworker guidance.).

Adhering to these time limits are essential to make sure that your Administrative Review application is going to be processed. Missing these timeframes could result in your application being invalidated. 

Consulting with an immigration solicitor is recommended in most cases.

Cost and Refund Policy for Administrative Review Applications 

Application Fee:

The fee from the UK Government to submit an Administrative Review application is £80. This fee applies to applications submitted either from within or outside the UK.

Refund Policy:

The £80 fee for an Administrative Review will be refunded if:

1. The application is rejected as invalid.
2. The decision on the review results in the grant of leave, which includes cases where the original grant of leave was issued for the wrong period or subject to incorrect conditions.

If the review upholds the original decision, the fee will not be refunded.

For accurate guidance and assistance with your Administrative Review application, consider consulting with our experienced immigration solicitors. They can help ensure your application meets all requirements and improve your chances of success.

Administrative Reviews & Immigration Appeals

Understanding the Differences

Administrative reviews and immigration appeals are two distinct ways to challenge unfavourable visa and immigration decisions made by the Home Office. However, they are not interchangeable and the option that applies to your situation depends on the type of decision being challenged.

Immigration Appeals

If your visa or immigration decision has a right of appeal, you cannot seek administrative review. These appeals involve a thorough re-examination of your case by the First-tier Tribunal (Immigration and Asylum Chamber), presided over by an independent judge. The process typically includes an oral hearing, where both parties can present their case, provide evidence, and call witnesses. The Tribunal’s objective is to determine if the Home Office’s decision violates the UK’s international obligations.

Immigration Appeal Features

Administrative Reviews

When a decision does not carry a right of appeal, you may be able to apply for an administrative review. This is an internal review process conducted by the Home Office itself. A different team from the one that made the initial decision will conduct a paper review to ascertain whether there was an error in the decision-making process. Unlike appeals, there are no oral hearings, and the opportunities to present new evidence are very limited.

Administrative Review Features

Determine which route is available to you before challenging a decision. If you are unsure, seek professional legal advice to ensure you take the correct steps and are prepared to ensure the best chances of a successful outcome.

Eligibility Requirements for Administrative Review

Not all Home Office decisions are subject to administrative review. This process is available only for eligible decisions.

Below is a non-exhaustive list of the primary immigration applications that, if refused by the Home Office, will result in an eligible decision for administrative review:

Work Visas:

• Appendix ECAA: Extension of Stay
• Appendix Skilled Worker
• Appendix Global Business Mobility Routes
• Appendix T2 Minister of Religion
• Appendix Representative of an Overseas Business
• Appendix Global Talent
• Appendix High Potential Individual
• Appendix Scale-up
• Appendix Start-up
• Appendix Innovator
• Appendix International Sportsperson* Appendix Overseas Domestic Worker
• Appendix Domestic Workers in a Private Household
• Appendix Domestic Worker who is a Victim of Modern Slavery
• Appendix Temporary Work – Seasonal Worker
• Appendix Temporary Work – Creative Worker
• Appendix Temporary Work – Religious Worker
• Appendix Temporary Work – Charity Worker
• Appendix Temporary Work – International Agreement
• Appendix Temporary Work – Government Authorised Exchange
• Tier 1 Migrants under Part 6A of the Points Based System

Study Visas:

• Appendix Student
• Appendix Short-term Student (English Language)
• Appendix Child Student
• Appendix Parent of a Child Student
• Appendix Graduate

Other Visas:

• Appendix UK Ancestry
• Appendix Youth Mobility Scheme
• Appendix Hong Kong British National (Overseas)
• Appendix Bereaved Partner
• Appendix Victim of Domestic Abuse
• Appendix Returning Resident
• Appendix Statelessness
• Appendix HM Armed Forces (except where the applicant is a partner or child under Appendix HM Armed Forces and the Armed Forces sponsor is a British citizen, or has 4 years reckonable service)
• Appendix International Armed Forces and International Civilian Employees

For applications submitted before 4 April 2024 under these routes, the requirements of Appendix AR: Administrative Review as of 3 April 2024 apply. However, for applications under Appendix HM Armed Forces, the rules effective from 10 April 2024 will be applied.

If you need further assistance or clarification on whether your specific application is eligible for administrative review, we encourage you to contact us to arrange for a free initial case assessment.

Grounds for Administrative Review

The legal ground for an administrative review is the occurrence of a case working error by the Home Office. If your visa category qualifies, you can request an administrative review, if you believe the Home Office made an error while processing your application.

Case Working Errors

Administrative review will only look at the following types of specified case working errors:

• Incorrect decisions on false information: The Home Office wrongly refused or cancelled your entry clearance, leave to enter, or leave to remain due to claims of false representations, documents, or information, failure to disclose facts, or past breaches.
• Incorrect decisions on time limits: The Home Office wrongly refused your application because they incorrectly claimed it was submitted beyond the specified Immigration Rules deadline.
• Incorrect decisions on document requests: The Home Office did not request certain documents when they should have, such as under the points-based system.
• Incorrect application of rules or policy: The Home Office decision-maker applied the wrong Immigration Rules, misapplied them, or did not follow relevant published policy and guidance.
• Incorrect calculation of leave conditions: The Home Office made a mistake in calculating the length or conditions of your immigration leave.

Applying for Administrative Review

You can apply for administrative review if the alleged error might have influenced the decision or may unfairly affect a future application.

• Could have changed the decision: The mistake might have led to a different outcome in your case.
• Could impact future applications: The mistake might unfairly affect your future immigration applications, such as by leading to a refusal on general suitability grounds.

Administrative Review Applications

Applying for an administrative review involves submitting your application online, in accordance with the Immigration Rules. Below is a simplified step-by-step guide to help you understand the process.

Steps for Application:

1. Complete the Online Application: Ensure that all mandatory sections of the online application form are filled out accurately.
2. Pay the Application Fee: Pay the £80 administrative review application fee unless you qualify for an exemption.
3. Submit Required Documents: Submit all mandatory documents as specified in the online application or the accompanying guidance.

Important Considerations

Incomplete Applications

An incomplete application will be rejected. To avoid this, consider seeking legal advice from a solicitor with experience of administrative reviews before applying.

Submission of New Evidence

Administrative Review focuses on reviewing the existing decision for errors, not introducing new information or revising your original application.

The Home Office will therefore as a rule not consider new evidence. 

Exceptions are limited to if this evidence directly impacts the decision under review and meets the following stringent criteria:

• Proving No Deception: If the refusal was based on alleged deception, new evidence may prove that no deception occurred in the original application.
• Change of Circumstances: If leave was cancelled at the UK border due to a change of circumstances, evidence may prove that no such change occurred.
• Timely Application: If the refusal was based on the application being out of time, evidence may show that the application was made within the specified time limit in the Immigration Rules.
• Points-Based System: Evidence that should have been requested by the Home Office when considering points-based system evidential flexibility.

Time Limits for Applying

The time limit for applying for an administrative review depends on your location:

• Outside the UK: You have 28 days from the date you received your refusal letter.
• Inside the UK: You have 14 days from the date you received the decision.

Missing this deadline could mean your request will not be considered.

Applying for a New Visa While an Administrative Review is Pending

Submitting a new application for entry clearance, leave to enter, or leave to remain while your administrative review is still under consideration will automatically withdraw your pending review.

Additionally, if you submit a new application after applying for administrative review of a previous decision, your review request will be refused.

This means you must choose between pursuing a new visa application or waiting for the outcome of your administrative review. Carefully consider your options and seek expert advice if unsure.

Administrative Review Processing Time

The average processing time for administrative reviews is 6 to 12 months. However, the actual duration can vary significantly depending on several factors, including the complexity of your case and the current workload of the Home Office.

Immigration Status During Administrative Review

Your immigration status during the administrative review process depends on the circumstances at the time of your application:

• Valid Application: If your original application was submitted on time and you requested an administrative review within the specified deadline, your current immigration leave will remain valid until a decision on the review is made.
• Overstayer: If you were an overstayer when you submitted a valid administrative review request, the Home Office will not take action to remove you from the UK while your review is pending.

This means that while a pending administrative review can temporarily prevent removal for overstayers, it is not a permanent solution and the final outcome depends on the review decision.

Prevent Rejections

Our experienced immigration solicitors can assist you in preparing your application, ensuring it is complete, accurate and that it meets all the legal requirements.

Potential Outcomes of an Administrative Review

Outcomes of an administrative review can vary based on the specifics of each case. 

The potential outcomes are as follows:

1. Application Succeeds and the Original Decision is Withdrawn: If the review identifies a case-working error, the original decision will be overturned, and any visa or leave refused may be granted as a result.
2. Application Does Not Succeed and the Original Decision is Maintained: If no errors are found, the original decision remains unchanged, meaning the refusal or conditions imposed remain in effect.
3. Application Does Not Succeed but Reasons are Withdrawn: The original decision remains in force; however, one or more reasons for the decision may be withdrawn if errors are identified in those specific reasons.
4. Application Does Not Succeed but with Different or Additional Reasons: The original decision is upheld, but the Home Office may cite new or additional reasons to justify the decision.

These outcomes are designed to ensure that any errors made in the initial decision-making process are identified and corrected.

Successful Administrative Review

If your administrative review is successful, the Home Office will acknowledge and correct the error in their initial decision. You will receive a full refund of the administrative review fee.

Depending on the nature of the error, the following actions may be taken:

• Approval of Original Application: If the corrected decision results in the approval of your original application, you will be granted the appropriate leave to remain. This leave will be backdated to the date the incorrect decision was withdrawn, ensuring you are not disadvantaged by the error.
• Amended Leave Conditions: If the error pertained to the duration or conditions of your leave, a new Biometric Residence Permit (BRP) reflecting the accurate details will be issued to you.

Unsuccessful Administrative Review

If your administrative review is unsuccessful, you will receive a formal notice confirming that the original decision has been upheld. There is no right to appeal within the administrative review process itself.

However, there are two potential scenarios:

• New Grounds for Refusal: If new reasons for refusal were identified during the review process, you may be eligible to request a new administrative review based on these new grounds. Your decision letter will clearly indicate whether this option is available to you.
• No New Grounds for Refusal: If no new reasons for refusal were found, you have no further recourse within the administrative review system. However, you may wish to explore the possibility of pursuing a judicial review, which is a legal challenge to the decision.

Judicial Review

If your Administrative Review is unsuccessful and you believe the decision remains incorrect, you may have the option to pursue a Judicial Review through the legal system. This is a court process where a judge reviews the lawfulness of a government decision.

Applying for Judicial Review

If the Home Office maintains its original decision after your Administrative Review, you may have the option to challenge the decision through a Judicial Review within three months of receiving the negative decision.

Our team of experienced immigration solicitors can analyse your refusal letter and the Administrative Review decision to determine if a Judicial Review is a viable option for your case. We can also provide you with clear and honest advice about your chances of success.