For individuals navigating the UK immigration system, receiving a decision that seems to contain errors can be both frustrating and overwhelming. The Home Office, like any other institution, can make mistakes, and when these occur, the Administrative Review process provides a vital opportunity for applicants to challenge incorrect decisions. In this article, we’ll explore what an Administrative Review is, who can apply, and what applicants should expect during the process, ensuring you have the information needed to approach this avenue confidently.
What is an Administrative Review?
An Administrative Review is a mechanism provided by the Home Office for individuals who believe an error was made in their immigration decision. This process allows for a formal reconsideration of decisions made on visa or leave to remain applications. The review does not constitute a full appeal but instead focuses on whether there was a mistake in the application of immigration rules or the facts of the case.
For example, if an applicant for Indefinite Leave to Remain (ILR) has their application refused due to a miscalculation of time spent in the UK, an Administrative Review could rectify this. Similarly, if leave is granted with conditions that are incorrect or if the leave period is shorter than expected, this process can address such issues.
Who Can Apply for an Administrative Review?
Not all decisions made by the Home Office are eligible for an Administrative Review. The decision letter will specify if this right applies, and it is crucial to check this carefully. Generally, the review is available in cases where:
- Applications for leave have been refused
- Limited leave to remain or enter has been granted instead of Indefinite Leave
- Leave has been cancelled or curtailed under certain conditions
The option to apply for an Administrative Review is also available to those whose applications were made from outside the UK, provided the refusal occurred after April 5, 2015, and the applicant does not have the right to appeal. However, applicants seeking review must not have applied for short-term visas like visitor or short-term student visas, nor made human rights claims.
Those within the UK may request a review if their leave application for visas such as skilled worker, student, global talent, or innovator visas, among others, was refused or granted with conditions they wish to challenge.
How to Apply for an Administrative Review
The application process differs slightly depending on whether the request is made from inside or outside the UK:
- From outside the UK, applicants have 28 days from the date of their refusal decision to complete and submit the relevant online Administrative Review form. The application must clearly explain the errors the applicant believes were made, backed by any available evidence.
- From inside the UK, applicants have 14 days from the receipt of the decision to submit their review. In cases where leave has been granted but with conditions or an incorrect duration, applicants must email the Home Office Administrative Review team within 14 days of receiving their Biometric Residence Permit (BRP).
In both cases, an £80 fee applies, payable at the time of submission. This non-refundable fee underscores the importance of preparing a thorough and well-documented review request.
Possible Outcomes of an Administrative Review
The Home Office aims to review decisions within 6 months, although some cases may take longer. It is important to remember that while awaiting a decision on the Administrative Review, applicants will not face removal from the UK if their visa has expired, as the review effectively extends their legal stay.
The possible outcomes of the review include:
- The decision is withdrawn, and the applicant is granted the requested leave or corrected conditions.
- The decision remains unchanged, but one or more reasons for refusal may be removed.
- The decision is upheld, but new reasons for refusal are added.
If the review is successful, any conditions on leave, including its duration, will be adjusted accordingly, and the review fee will be refunded. However, if the decision remains, applicants will need to consider alternative legal routes, such as an appeal or judicial review, depending on the specifics of the case.
Can You Make a Fresh Application During an Administrative Review?
One critical point for applicants to bear in mind is that submitting a fresh visa application while an Administrative Review is pending will result in the review being automatically withdrawn. As a result, it is advisable to allow the review process to conclude before considering any new applications unless the situation urgently requires a different course of action.
What Happens if the Administrative Review is Unsuccessful?
If the Administrative Review process concludes with an upheld decision, most applicants will not have the right to request another review. However, there are some exceptions. For example, if the Home Office introduces new reasons for refusal during the review, a second or subsequent review can be submitted at no additional cost.
In the event of an unsuccessful review, applicants may need to explore other options, such as an appeal or judicial review, depending on the grounds for refusal and their specific immigration circumstances. Consulting with a specialist immigration solicitor can provide clarity and guidance on the best course of action in these situations.
Final Thoughts: Ensuring a Strong Administrative Review Application
The Administrative Review process serves as an essential safeguard within the UK immigration system, allowing applicants to correct errors that may have unfairly impacted their visa or leave to remain applications. However, success hinges on the quality of the application, the clarity of the arguments presented, and the evidence provided. It is crucial to ensure that the Home Office’s mistakes are clearly outlined and thoroughly backed by supporting documentation.
If you believe your immigration decision contains an error, it is always advisable to seek expert advice. Immigration solicitors can help you navigate this complex process, ensuring that your review application is as strong as possible, giving you the best chance of success.
For assistance with an Administrative Review or any other immigration matter, speak to a specialist immigration solicitor today. By doing so, you’ll be better equipped to challenge a decision and secure the outcome you deserve.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.