Navigating the complexities of UK immigration can often feel overwhelming, particularly when faced with a decision from the Home Office that you believe is incorrect. The Administrative Review process offers applicants an opportunity to request a reconsideration of their immigration decision, challenging errors that may have led to an unfair outcome.
This article explores the nuances of Administrative Review, eligibility criteria, application procedures, costs, and timelines, offering insights into how applicants can leverage this process to rectify Home Office mistakes.
What is an Administrative Review?
An Administrative Review is a formal process that allows visa applicants to challenge a Home Office decision if they believe it was made in error. For example, an applicant who applied for Indefinite Leave to Remain (ILR) may request a review if the decision was based on a miscalculation of time spent in the UK. Similarly, those granted leave with incorrect conditions or an unexpectedly short duration may also benefit from this process.
This review, however, is not an appeal. It focuses solely on whether the Home Office made an error in applying immigration rules or policies to the facts of the case.
Who Can Request an Administrative Review?
Administrative Reviews are not available in all cases. The Home Office decision letter will explicitly state whether the applicant is eligible to request one. Broadly, applicants may request a review in circumstances such as:
- Refused Leave Applications
Applicants whose visas were refused may challenge the decision. - Limited Leave Granted
Those granted limited leave instead of indefinite leave to remain or enter can seek a review. - Leave Cancellation
If existing leave has been cancelled, this may also be reviewed.
Eligibility Outside the UK
Individuals can apply for an Administrative Review from outside the UK if:
- Their application was made and refused outside the UK after 5 April 2015.
- They do not have a right to appeal.
- They did not apply for a short-term student visa, visitor visa, or make a human rights claim.
Eligibility Inside the UK
From within the UK, applicants can challenge refusals or conditions related to various visa types, including but not limited to:
- Student, child student, or parent of a child student visas
- Skilled worker visas and dependent visas
- Global mobility, global talent, and innovator visas
- Temporary worker and start-up visas
The Application Process: A Step-by-Step Guide
Applying from Outside the UK:
- Submit the online application form within 28 days of receiving the decision.
- Explain the Home Office errors and provide evidence.
- Pay the £80 Administrative Review fee.
Applying from Inside the UK:
- Submit the online application form within 14 days of receiving the decision.
- Clearly outline the mistakes and attach supporting evidence.
- Pay the £80 fee.
For decisions on visa conditions or duration, applicants must email the Home Office’s “admin review” team within 14 days of receiving their biometric residence permit at admin.review.enquiries@homeoffice.gov.uk.
Possible Outcomes of an Administrative Review
- Decision Withdrawn
If the Home Office finds the original decision incorrect, the refusal or conditions will be overturned. - Decision Maintained
The original decision remains unchanged. - Decision Maintained with Amended Reasons
The decision stands, but the Home Office may remove or add reasons for refusal.
What Happens Next?
If the Decision is Overturned
Applicants can expect the visa to be granted or the conditions adjusted accordingly. Additionally, the Home Office will refund the £80 fee.
If the Decision is Maintained
In most cases, there is no right to request a second review unless the Home Office adds new reasons for refusal. At this stage, applicants should consult legal professionals to explore alternative options such as reapplying or pursuing judicial review.
Cost and Timeline of Administrative Review
The application fee is £80, payable online during submission.
Decisions can take up to six months, although the Home Office aims to process most cases within three months. While waiting, applicants whose visas have expired are generally not removed from the UK.
Should You Apply for a New Visa During the Process?
Applicants are strongly advised against submitting a new visa application while an Administrative Review is pending, as doing so will automatically withdraw the review request.
Why Legal Assistance Matters
The Administrative Review process is highly procedural and evidence-driven. Mistakes in your application could prolong the decision or lead to its rejection. Engaging an experienced immigration solicitor ensures that errors are effectively identified and compellingly argued.
At GigaLegal Solicitors, our specialist immigration lawyers have an impeccable track record of success in Administrative Review applications. From assessing eligibility to drafting and submitting detailed applications, we provide clients with the peace of mind that their case is in expert hands.
Final Takes: Hope Amid Uncertainty
Administrative Reviews can be a lifeline for applicants seeking justice in the immigration system. While the process is not without challenges, careful preparation and professional guidance can significantly improve the chances of a positive outcome.
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.