Administrative Review
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Administrative Review
Administrative Review is a process to challenge an eligible decision and raise any case of working errors that have resulted in the application being wrongly refused.
Who can apply for an Administrative Review?
Not everyone is eligible to apply for an Administrative Review. It will be indicated in your decision letter if it is an eligible decision for which you can apply for an Administrative Review. Normally, applications in the following visa categories will be given the right of Administrative Review upon refusal:
- Settled or Pre-Settled Status applications made under the EU Settlement Scheme on or after 1 November 2018;
- Skilled Worker (including Sponsor Licence applications);
- Tier 1 visas;
- Tier 5 visas;
- Frontier Worker;
- Student and Child Student;
- Points Based System dependents
- Decisions made at the border
What is the Time-Limit to apply for Administrative Review?
- If you are outside the UK, you will have 28 days to submit an Administrative Review
- If you are within the UK will have 14 calendar days (if detained, you will have 7 calendar days)
- If the refusal is under the EU Settlement Scheme, you will have 28 calendar days from the date of the refusal letter
How much does the application cost?
- You will need to pay a fee of £80 for Administrative Review applications
- This fee will be refunded if the application is invalid or successful.
Can I submit further documents or fresh evidence with my Administrative Review application?
- Unlike appeals, new evidence is not considered during the Administrative Review process.
- However, if your application was refused under the EU Settlement Scheme, you may be able to send new or fresh evidence to be considered by the Home Office UKVI in Administrative Review.
What is a Home Office case working error?
A Home Office Case working error is where the original decision maker:
- Applied the wrong Immigration Rules;
- Applied the Immigration Rules incorrectly;
- Has not considered all the evidence that was submitted as evidenced in the eligible decision;
- Failed to apply the SSHD’s relevant published policy and guidance in relation to the application.
There may be other case working errors which our expert solicitors may pick up on by perusing your refusal letter. Axis Solicitors has expert immigration lawyers who can advise and provide legal representation on the administrative review process and can be contacted through email at (contact@axis.lawyer) or by telephone on 0333 016 5270.
How long does the review take and when do I receive the decision?
- Usually, you should get a decision within 28 calendar days. The Home Office will write to you if they think it will take longer.
- However, due to unforeseeable circumstances, like the recent pandemic, it can much longer.
If your application has been outstanding for a long time or have any further queries in relation to the process of administrative review, please get in touch with us on 0333 016 5270 to speak to our expert immigration lawyers.
What are the potential outcomes of an Administrative Review?
The potential outcome of an administrative review application can be as follows:
- The application succeeds and the original decision is withdrawn; or
- The application does not succeed and the original decision is maintained; or
- The application does not succeed and the original decision remains in force but one or more of the reasons given for the decision are withdrawn; or
- The application does not succeed and the original decision remains in force but with different or additional reasons to those specified in the decision under review.
What can I do if the original decision is maintained?
- If the Administrative Review is unsuccessful, you may be able to challenge the decision by way of Judicial Review within 3 months of the decision. To calculate the three months’ deadline please feel free to contact our expert solicitors who will go through the refusal letter and the decision decision to provide you with the best and honest advice as to whether you are able to challenge the decision further.
Our immigration lawyers are experts and can help you in preparing detailed grounds for your Administrative review application. Approach us on 0333 016 5270. We will discuss the case with you and assign you a qualified immigration lawyer who will address and thoroughly review your case.
Can I submit another visa application whilst my administrative review remains pending?
No. You cannot submit any other visa applications if you have applied for an administrative review. If you do make a new visa application whilst you have a pending administrative review, your application will automatically be withdrawn.
How can axis solicitors help me in the administrative review process?
At Axis Solicitors, we have a team of specialist immigration lawyers who will always act in your best interests. Client satisfaction is extremely important to us. Our Specialist Immigration Lawyers will assess your case and decide whether the application has prospects of success and advise you accordingly discussing the best way forward.
