Administrative Review
An Administrative Review is a way to challenge a Home Office decision. You might (if you have been given a right to an Administrative Review) apply for Administrative Review if you suspect that there were errors made by the Home Office caseworker that led to an incorrect decision being made.
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What is an Administrative Review?
Administrative review forms an important part of the UK immigration framework, allowing applicants to challenge certain decisions made by the Home Office. Where an applicant believes that a decision on their visa application is incorrect, they may be entitled to request an administrative review. However, such a request can only be made on the basis that the decision was affected by one or more caseworking errors, as defined within the Immigration Rules. Upon submission of an administrative review request, the Home Office will reconsider the decision. This reassessment is conducted by a different caseworker or team from the one responsible for the original decision. If an error is identified during this process, the Home Office will amend the decision accordingly.
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Administrative Review
OVERVIEW
Specialist Advice and Representations
Our specialist Administrative Review solicitors have regularly assisted applicants with their Administrative Review applications and are experts in preparing and presenting Administrative Review applications. Our team of specialist immigration lawyers will take the time to understand your objectives, assign the right lawyer or a team of lawyers – where necessary – to your case and agree a strategy to help you achieve your objectives as cost-effectively and as quickly as possible.
What is a case-working error?
A case-working error is a mistake made by the Home Office caseworker looking over your original application.If you believe a case-working error could have impacted the Home Office’s decision, you may be able to apply for Administrative Review. Case-working errors include:
- - The Home Office caseworker refused an application on the basis that the application date was beyond a time limit, when this was not true.
- - The Home Office caseworker opted not to request further documents when it should have.
- - The Home Office caseworker applied the immigration rules incorrectly or did not refer to the correct immigration rules.
- - The Home Office caseworker did not consider relevant published guidance or general policy when making a decision on an application.
- - The Home Office caseworker made a mistake when calculating the period or conditions of leave.
The exact grounds for apply for Administrative Review differ depending on what your initial application was. It may be helpful to seek professional advice relating to your specific circumstances.
Difference Between Administrative Review and Appeal Rights
An administrative review should not be confused with a statutory right of appeal. The two processes serve different purposes. An appeal involves challenging the substance or merits of a decision before an independent tribunal or court. In contrast, an administrative review is an internal process carried out by the Home Office and is limited to identifying and correcting caseworking errors in the decision-making process. It is also important to note that not all immigration decisions attract a right of appeal, nor are all decisions eligible for administrative review. Determining the appropriate remedy will depend on the specific circumstances, and legal advice should be sought where necessary.
Eligibility for Administrative Review
Where an application is refused, the decision notice will confirm whether an administrative review is available. Common visa categories that may be eligible include:
- Skilled Worker visas
- Temporary Worker routes
- Global Business Mobility visas
- Student visas
- Graduate visas
- Global Talent visas
- Innovator Founder visas
- UK Ancestry visas
- Representative of an Overseas Business visas
- Government Authorised Exchange visas
- International Sportsperson visas
In addition to refusals, applicants may request an administrative review where they have been granted leave but dispute the duration or conditions attached to that leave.
An administrative review may also be available where permission to enter or remain has been cancelled at the UK border, for example due to alleged changes in circumstances, misrepresentation, or failure to disclose relevant information.
For Visitor visas, administrative review is only available where leave has been cancelled at the border. If a Visitor visa application is refused prior to travel, the applicant must either submit a fresh application or consider judicial review.
Grounds for Administrative Review
An administrative review may only be pursued where there has been a caseworking error that could have affected the outcome of the decision or may impact future applications. Examples of such errors include:
- Incorrect calculation of the length or conditions of leave granted.
- Improper cancellation of leave or entry clearance based on allegations of false representations, use of incorrect documentation, previous breaches, or non-disclosure of material facts
- Application of the wrong Immigration Rules, or failure to apply the relevant provisions correctly
- Failure by the Home Office to request necessary supporting documents before reaching a decision
- Incorrect refusal on the basis that an application was submitted outside the permitted time limits
Immigration Status After Applying for Administrative Review
If you submitted your original application on time and then applied for an administrative review within the relevant deadline, your existing immigration status will usually continue until a decision is made on the review.
Where a person becomes an overstayer but then makes a valid administrative review application, the Home Office will generally not take enforcement action or seek removal from the UK while the review is still pending.
Fresh Applications and Administrative Review
It is important to be aware of how a new application may affect an ongoing administrative review. If you submit a fresh application for entry clearance, permission to enter, or permission to stay while your administrative review is still in progress, the Home Office will treat your administrative review as withdrawn. On the other hand, if you make a new application first and then attempt to request an administrative review of an earlier decision, the review application will not be accepted
Possible Outcomes of an Administrative Review
There are four main outcomes following an administrative review:
- The Home Office accepts that a caseworking error was made and withdraws the original decision.
- The Home Office concludes that no error occurred and upholds the original decision in full.
- The Home Office maintains the decision but removes one or more of the reasons previously given.
- The Home Office maintains the decision but replaces or adds new reasons to support it.
How long do I have to apply for Administrative Review?
The deadline for applying for Administrative Review depends on whether you are inside or outside of the UK. If you are in the UK, you have 14 calendar days beginning when you received your decision or BRP card. If you are outside the UK, you have 28 days beginning when you received your decision.
What happens if my Administrative Review application is successful?
Once you submit your Administrative Review application, the Home Office will first decide if there was a case-working error. If there was a case-working error, the Home Office then explores whether correcting the error could lead to a different decision.
If the answer is ‘yes,’ the Home Office typically issues a new decision which overrides the original decision. Your new leave begins the day your initial decision is withdrawn. You will also be refunded the Administrative Review application fee.
What if my Administrative Review application is unsuccessful?
If the Home Office decides there was no case-working error, or if it decides that the case-working error did not impact the decision, you will be informed of this.
The Home Office will issue a letter maintaining its decision and explaining the reasons why. It is possible for the Home Office to maintain its initial decision while also adding or withdrawing reasons for the decision.
Unless the Home Office added reasons for your refusal during the Administrative Review that introduce new grounds for further review, you are not able to request a second Administrative Review. You also cannot appeal the decision. It may be possible challenge such a decision through a Judicial Review, but this can be a protracted and expensive process and it would be best to seek professional advice in such a case.
How Can Our Immigration Lawyers Help You?
Our team of specialist immigration lawyers can assist you in relation to your Administrative Review application through expert legal advice, guidance, and representation on a fixed fee basis. Our fixed fee covers all the work in relation to your Administrative Review from initial instructions until a decision is reached on your matter.
Why Choose Our Specialist Immigration Lawyers?
Our expert immigration lawyers have a wealth of experience in handling Administrative Review applications and have successfully assisted many applicants with their Administrative Review application. Below is a summary of reasons why we are different and are the right fit for you:
High Quality Advice and Representations
Our team of specialist immigration lawyers handle each case with great care and attention to detail from outset to its conclusion. Our expert immigration lawyers will ensure that your case if progressed in a timely manner and that you receive the highest quality legal advice and representation throughout the life of your retainer. The quality of service provided by our team of specialist immigration lawyers are self-evident from our Google review.
Remote Legal Services
Our team of specialist immigration lawyers can provide you with excellent advice, guidance and legal representations remotely using modern means of communication. Whilst our expert immigration lawyer can meet you face to face in our offices at the heart of London, where a face-to-face meeting is not possible or convenient, our lawyers can represent you remotely without the need for you to attend our offices. Our expert immigration lawyers have successfully represented clients remotely from all four continents without their needing to attend our offices for a face-to-face meeting and can also represent you remotely if necessary.
Specialist Advice and Representation
If instructed, your matter will be assigned to a lawyer with specialist knowledge of immigration law who will handle your matter from initial instructions to its conclusion, and where necessary – such as in complex matters – your immigration lawyer will be assisted by other immigration lawyers to ensure the best possible legal advice and representation.
Fast Track Visa Processing Service
The Home Office (UKVI) provide a faster processing of application via its Priority Service application which enables you to get a decision on your (in-country) application within 24 hours of enrolling your fingerprints or within 5 days of enrolling your biometrics for out of country applications. Our specialist immigration lawyers can take all steps to submit your application via Priority service so that you can get a decision on your application in the shortest time possible.
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To help you with certainty regarding the costs of your legal representation, we provide services for a reasonable and affordable fixed fee. To further help our clients manage the costs associated with their application, we can offer an instalment plan so that you can pay your fixed fees in instalments. Please do note, however, that all instalments must be completed before you enrol your biometrics.
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