Administrative Review

It is possible to challenge the decision of the Home Office regarding visas and immigration through administrative reviews and immigration appeals.

A right of appeal is not available for all visa and immigration decisions – and not all decisions can be challenged by means of an administrative review. It is only possible to appeal to the First-tier Tribunal if the decision you are challenging is not eligible for administrative review, and it is only possible to apply for administrative review if the decision you wish to challenge does not carry an appeal right.

An immigration appeal begins with a review of the immigration decision by the Home Office.  The case will proceed to a hearing before an independent judge sitting in the First-tier Tribunal (Immigration and Asylum Chamber) if the Home Office maintains its decision.  In most cases, the appeal hearing takes the form of an oral hearing, at which the parties attend and are represented by their attorneys.  It is possible to call witnesses to provide testimony and the parties are generally permitted to submit additional evidence.

The administrative review process, on the other hand, is an internal review procedure within the Home Office.  An independent Home Office team reviews the decision under challenge on paper.  New evidence may not be presented in all circumstances and there is no oral hearing.

In an immigration appeal, the Immigration Tribunal will generally review the entire case, although the scope of the refusal letter from the Home Office, the agreement between the parties and/or the directions of the court may limit the issue(s) to be decided.  An overarching duty of the Tribunal is to determine fairly whether the decision of the Home Office under challenge is in violation of the UK’s international obligations.

An administrative review involves the Home Office reviewing eligible decisions to determine whether a case working error has occurred (as defined in the Immigration Rules), either as identified in the application for administrative review or as identified by the reviewer during the administrative review process.

Administrative review is not available for all decisions made by the Home Office. It is only possible to request an administrative review after a decision has been made that is eligible.

Below is a non-exhaustive list of the main immigration applications that, if refused by the Home Office, will generate an eligible decision that can be challenged through an administrative review:

• Tier 1 Investor (main applicant or dependant);
• Tier 1 Entrepreneur (main applicant or dependant);
• Skilled Worker (main applicant or dependant);
• Scale-up Worker (main applicant or dependant);
• High Potential Individual (main applicant or dependant);
• International Sportsperson (main applicant or dependant);
• Seasonal Worker;
• Youth Mobility Scheme;
• Religious Worker  (main applicant or dependant);
• Charity Worker  (main applicant or dependant);
• Creative Worker (main applicant or dependant);
• International Agreement Worker (main applicant or dependant);
• Government Authorised Exchange Worker (main applicant or dependant);
• Start-up (main applicant or dependant);
• Innovator (main applicant or dependant);
• Representative of an Overseas Business (main applicant or dependant);
• Global Talent (main applicant or dependant);
• Student (main applicant or dependant), Child Student or Parent of a Child Student;
• Graduate (main applicant or dependant);
• UK Ancestry (main applicant or dependant);
• Overseas Domestic Worker;
• Hong Kong BN(O) Status Holder, dependent partner, BN(O) Household Child, BN(O) Household Member or Adult Dependent Relative of a Hong Kong BN(O);
• Global Business Mobility – Senior or Specialist Worker;
• Global Business Mobility – Graduate Trainee;
• Global Business Mobility – UK Expansion Worker;
• Global Business Mobility – Secondment Worker;
• Global Business Mobility – Service Supplier.

A request for administrative review can also be made if you believe that an error has been made in relation to the period or conditions of leave granted when you made an application under any of the above immigration routes.

There are also some decisions under the EU Settlement Scheme that are eligible for administrative review.

An application that constitutes a human rights or protection claim (such as an asylum application, a private life application, a long-term residency application, or an application for a family member under Appendix FM) or a family permit under the EU Settlement Scheme cannot be appealed by way of administrative review.  There is, however, the possibility of appealing to the First-tier Tribunal (Immigration and Asylum Chamber).

Visitors cannot challenge a refusal decision through administrative review if they applied as visitors.  You may, however, be able to reapply or request a judicial review.

It is also eligible to cancel leave to enter or remain at the UK border due to a change in circumstances, false representations, or failure to disclose material facts, so long as you do not have leave to enter or remain.  A visitor’s entry or stay permit may be revoked if decisions are made to cancel it.

In your decision letter, you should be informed if an administrative review can be sought, but if you have any questions about whether or not your Home Office decision can be challenged, you may wish to contact our administrative review specialists for further assistance.

A case working error will only be considered by the administrative review if the following are claimed:

• It was incorrect for the Home Office to refuse or cancel entry clearance or leave to enter or remain based on alleged false representations, false documents or information or failure to disclose material facts;
• An application was refused by the Home Office because the date of application had passed the time limit;
• There was an error in the Home Office’s decision not to request specific documents (e.g., under the points-based system evidential flexibility rules);
• It is likely that the Home Office decision maker applied the Immigration Rules incorrectly (for example, by overlooking some or all of the evidence submitted);
• In assessing the credibility or genuineness of the application, the Home Office decision maker failed to apply relevant published policy and guidance;
• During the calculation of immigration leave, a mistake was made by the Home Office decision maker.

Administrative review can be sought either because the alleged error could have affected the decision or since the alleged error could adversely affect future applications (i.e. a future application may now be refused on general suitability grounds).

The grounds for applying for an administrative review differ depending on whether you applied under the EU Settlement Scheme, as a Frontier Worker, as an S2 Healthcare Visitor, or as a Swiss Service Provider.  Get more information about administrative review if this applies to you by contacting our leading specialists.

The Immigration Rules require that applications for administrative review be submitted online.

The administrative review application fee must be paid (unless an exemption applies) and all mandatory sections of the online application form must be filled out. All mandatory documents specified on the online application or in related guidance must be submitted.

An administrative review application that is incomplete will be rejected. Before applying for administrative review, consult our specialists in this area.

New evidence or information will not be considered by the Home Office unless it impacts the decision under review and it:

• You must prove that you did not practice deception in the application under review, where this was a reason for refusal;
• If leave was revoked at the UK border due to this reason, it proves there was no change in circumstances;
• When an alleged failure to apply in-time is a basis for refusal, the applicant must prove that the application was within the time limit specified in the Immigration Rules; or
• As part of its consideration of the points-based system evidential flexibility, the Home Office should have requested this.

Administrative review process is different for applicants under EU Settlement Scheme, Frontier Workers, Healthcare Visitors, and Swiss Service Providers.  For more information about administrative review, please contact our leading lawyers.

Applicants who applied for permission to stay from within the UK have 14 calendar days (or 7 days if detained) to apply for administrative review after receiving their decision notice or biometric residence permit.

To challenge a decision made outside the UK, you must apply for administrative review within 28 days of receiving it.

Home Office administrative review applications typically take six months upwards to process.

As with most things in life, think accountant, doctor, electrician, it is possible to do it yourself if you’re suitably qualified and competent. You can complete your own visa application if you feel you have the required understanding of the Home Office rules, requirements and specified evidence thresholds. However, it is not ordinarily recommended if you are not totally comfortable with understanding and satisfying UKVI immigration rules.

Almost every visa/application has an associated processing government application fee.

It is important to note that this is an administrative fee that you will be charged for the application to be processed irrespective of the outcome.

In the event that you have made an inadequate application or are refused, the processing fee would have already been utilised and therefore, it will not be refunded.

At the time of writing, the application fee for an Administrative Review is £80.

Certain applicants may be exempt from paying the administrative review fee, whilst others may qualify for a fee waiver.

Please note, the above fees are administrative only and do not cover our professional fees for legal representation.

We provide a full representation service for one transparent, affordable fee to handle your entire case.

You will continue to have immigration leave until you are served with notice of the decision of the administrative review if you made your application in time and applied for administrative review within the time limit.

Overstayers who make a valid administrative review application will not be removed from the United Kingdom while their administrative review is pending.

You will continue to have immigration leave until you are served with notice of the decision of the administrative review if you made your application in time and applied for administrative review within the time limit.

Overstayers who make a valid administrative review application will not be removed from the United Kingdom while their administrative review is pending.

The administrative review application will be withdrawn if you apply for entry clearance, leave to enter, or leave to remain while an administrative review application is pending.

The administrative review application will be denied if you apply for entry clearance, leave to enter or leave to remain again and then request administrative review of a previous decision.

A request for administrative review can result in one of four outcomes:

• Upon review, the Home Office agrees that the decision under challenge contains a casework error and the decision is withdrawn;
• In the opinion of the Home Office, the decision being challenged does not contain a casework error, the decision remains in effect, and all reasons for the decision remain intact;
• There are no casework errors in the decision under challenge, the decision remains valid, but one or more reasons given for the decision are withdrawn;
• Despite the fact that the Home Office does not believe that the decision under review contains a casework error, the decision remains in effect, but with different or additional reasons than those outlined in the decision under review.

As soon as the Home Office determines that the original decision maker made a casework error, it will consider whether correcting the casework error would change the outcome.

Your administrative review fee will be refunded by the Home Office if it is satisfied that the error in the original decision changed the decision.

When the Home Office withdraws an incorrect decision, it will generally correct the error and issue a new one.  You will be granted leave appropriate to the original application if the new decision confirms that the application should have been granted.

Your leave will begin on the date that the incorrect previous decision was withdrawn.  A new BRP will be issued if your administrative review challenges the period of leave granted or the conditions of leave.

A notice explaining that the Home Office has maintained the decision under challenge will be sent if the Home Office decides that the decision made on your visa or immigration application (or the leave granted or conditions imposed) is correct.

Administrative review decisions cannot be appealed, and a second review cannot be requested unless the first review revealed new reasons for refusal. In this case, you will be able to request an administrative review on the new grounds. If you are eligible for a second review, your decision letter should tell you whether you can do so.

The outcome of the administrative review may be subject to judicial review.

Our specialist lawyers in administrative review may be able to provide legal advice and strategy to ensure your challenges succeed.