What is the 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.
The Administrative Review process aims to efficiently address procedural errors without resorting to more complex and time-consuming appeal procedures.
How to Apply for an Administrative Review?
The process to apply for administrative review is as follows:
- Eligibility: Your decision letter will explicitly state if you are eligible for a 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 a Review application, the Home Office reassesses its initial decision.
- Timeframe: The deadline to apply for a review is 14 days if you applied from inside the UK and 28 days if you have applied from outside the UK.
- Outcome: If a relevant case working error is identified, the Home Office will rectify the mistake and potentially revise its decision.
Keep in mind that this process is not an appeal and does not consider new evidence or changes in circumstances.
Who Can Apply for the UK Administrative Review?
Eligibility to apply for an Administrative Review is explicitly stated in the decision letter you receive. Generally, the following visa categories have the right to request upon refusal:
- 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 submitted on or after this date.
- Skilled Worker Visas: Including Sponsor Licence applications.
- Tier 1 Visas: High-value migrants, including entrepreneurs and investors .
- Tier 5 Visas: Temporary workers .
- Frontier Worker Permits: For those living in one country and working in another.
- Student and Child Student Visas: For individuals studying in the UK .
- Points-Based System Dependents: Family members of points-based system visa holders.
- 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. We can assess your case to determine if a review is advisable and help you in preparing a formal administrative review application.
What is the Difference Between Administrative Reviews & Immigration Appeals?
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
| No | Feature | Immigration Appeal |
|---|---|---|
| 01 | Decision review by | Independent judge in the First-tier Tribunal |
| 02 | Hearing type | Oral hearing with legal representation, witnesses, and presentation of evidence |
| 03 | Scope of review | Full reconsideration of the case, taking into account all relevant evidence and legal arguments |
| 04 | New evidence | Generally permitted |
| 05 | Objective | Determine whether the Home Office decision breaches the UK’s international obligations |
| 06 | Availability | Only available for decisions that do not qualify for administrative review |
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
| No | Feature | Administrative Review |
|---|---|---|
| 01 | Decision review by | Home Office team independent of the original decision-makers |
| 02 | Hearing type | Paper review only, with no oral hearing |
| 03 | Scope of review | Limited to identifying caseworking errors as defined in the Immigration Rules |
| 04 | New evidence | Permitted only in limited circumstances |
| 05 | Objective | Identify caseworking errors in the Home Office decision-making process |
| 06 | Availability | Only available for decisions that do not carry a right of appeal |
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.
Cost and Refund Policy for Administrative Review Applications
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:
- The application is rejected as invalid.
- 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.
What are the Grounds for an Administrative Review?
The legal ground for an administrative review is the occurrence of a case working error by the Home Office.Administrative review will only look at the following types of specified case working errors:
- Incorrect decisions on false information & failure to disclose facts.
- Incorrect decisions on time limits and deadlines.
- Incorrect decisions on supporting document requests.
- Incorrect application of immigration rules or policies.
- Incorrect calculation of immigration leave conditions.
You can apply for administrative review if the alleged error might have influenced the decision or may unfairly affect a future application.
How to Prepare an Administrative Review Application?
Steps for Application
- Complete the online application accurately, filling all mandatory sections.
- Pay the £80 application fee unless you qualify for an exemption.
- Submit all required supporting documents as specified in the guidance.
Important Considerations
- Incomplete applications may be rejected; legal advice is recommended.
- Administrative Review focuses on errors in the original decision, not new evidence.
- Only limited exceptions allow new evidence, e.g., proving no deception or change of circumstances.
Time Limits for Applying
- Outside the UK: Apply within 28 days of receiving the decision notice.
- Inside the UK: Apply within 14 days, or 7 days if detained.
- Missing the deadline may invalidate your application.
Exceptions for New Evidence
- Evidence proving no deception in cases of alleged dishonesty may be considered.
- Evidence addressing changes in circumstances at the border may be accepted.
- Evidence showing timely submission or points-based system flexibility may be allowed.
Applying for a New Visa While Review is Pending
- Submitting a new visa application automatically withdraws the pending review.
- New applications after requesting a review will result in refusal of the review.
- Carefully consider your options and seek expert advice before proceeding.
Processing and Outcomes of Administrative Review UK
Processing Time
- Average processing time is 6 to 12 months.
- Duration may vary depending on case complexity.
- Home Office workload can also affect timing.
Immigration Status During Review
- Valid applications submitted on time maintain current leave until a decision.
- Overstayers are not usually removed while a valid review is pending.
- Pending review is temporary; final status depends on the decision outcome.
Preventing Rejections
- Ensure your application is complete and accurate.
- Follow all legal requirements for administrative review submissions.
- Seek advice from experienced immigration solicitors for guidance.
Potential Outcomes
- Application succeeds: original decision is withdrawn, visa/leave may be granted.
- Application does not succeed: original decision is maintained.
- Application partially succeeds: some reasons withdrawn or additional reasons provided.
Purpose of Outcomes
- Identify errors in the original decision-making process.
- Correct any mistakes to ensure fair treatment.
- Provide clarity on the applicant’s status after review
