Administrative Review

Challenge an Unfair Decision

THIS APPLICATION IS SUITABLE IF;
Your UK visa or immigration application has been denied, your leave to enter or remain has been terminated at the UK border, or you are dissatisfied with the period or conditions of your leave and you want to challenge the Home Office’s decision. Administrative Review is not the same as an Appeal or Judicial Review.

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Administrative Review

If an applicant believes that one or more case-work errors have been made in the immigration decision made by the Home Office, he or she may request an administrative review.

It is important to note that not all Home Office decisions are subject to administrative review. It is only possible to request an administrative review once a decision has been made that is eligible.

A case can only be reviewed administratively if the Home Office has made an error in handling the case as defined in the Immigration Rules.

When the Home Office receives an application for administrative review, it reviews its decision and, if it agrees that there was a relevant case working error, corrects it.

Get a FREE Case Review
If the findings of your assessment reveal an error has been made, we can help you appeal. Contact our team, on 02033844389.

We Can Help You With Your Administrative Review

Make a new application, apply for your dependents to join you, wish to extend your visa, become settled or challenge an unfair decision…

UK Immigration Solicitors can provide you with expert advice, guidance and legal representation to meet your needs.

Unsure about whether your plans would meet the requirements or whether you are likely to face any challenges?

We can assess your individual circumstances and confirm what your options are through a free case assessment.

UK Immigration Solicitors can ensure that your chances of success are maximised by handling your entire application remotely.

We provide a fully digital service, and you never have to visit our offices for 9/10 immigration cases.

We are an award-winning law firm that specialises in all types of UK immigration cases, and we offer a transparent, fixed fee service to handle your entire case.

Our experienced UK immigration Solicitors can help you with your immigration process.

How can UK Immigration Solicitors help me?

As immigration specialists, we assist individuals and businesses, within the UK and abroad, with preparing high quality administrative review applications.

The immigration specialists at our firm combine specialist legal advice and advocacy, with a professional and supportive approach, when you are seeking an administrative review of a decision to refuse your UK visa or immigration application, or to cancel your leave at the UK border.

In addition to providing advice on the merits of administrative review, our lawyers assist clients with the preparation and filing of administrative review applications. They draw on years of experience preparing and presenting successful administrative review applications.

We recognise that every client’s circumstances are unique and our Administrative Review Specialist Lawyers provide tailored immigration law solutions designed to meet individual needs.

We are the original and still the best! Proud to be the UK’s #1 Immigration Law Firm.

Get Help From Our Administrative Review Lawyers Now

How Do Administrative Reviews and Immigration Appeals Differ?

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.

Who is eligible to apply for administrative review?

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.

Revision of administrative decisions: grounds for review

In accordance with the Immigration Rules, an administrative review can only be filed if the Home Office has made a permitted case working error.

How Does A Case Working Error Occur?

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.

What is the process for applying for administrative review?

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.

What is the Time Limit for Applying for Administrative Review?

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.

How Long does an Administrative Review Request take to process?

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

What are the Application fees for Administrative Review?

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.

An Administrative Review's Effect on Immigration Status

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.

Fresh Applications and Administrative Review

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

Fresh Applications and Administrative Review

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.

Administrative Reviews and Their Possible Outcomes

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.

If my administrative review is successful, what will happen?

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.

In the event that my administrative review does not succeed, what will happen next?

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.

Our experienced UK immigration Solicitors can help you with your immigration process.

Why Choose UK Immigration Solicitors?

We are professional Solicitors here to help you with your immigration needs

Hidden

Most of the time, a child needs a visa in order to live in the UK. For instance, if their parent is a foreign national working or studying in the country, the child may need a Child Dependant Visa.

What is the benefit of using UK Immigration Solicitors?

Immigration rules are complex and subject to regular changes and revisions. This itself presents problems as it is the applicant’s responsibility to ensure they are aware of and have complied with any changes to the routes, processes and evidence requirements.

Failure to meet strict rules is likely to result in the application being refused which, in turn, is likely have an emotional and financial strain on you and your family.

It is our job to ensure we are fully aware of the latest immigration rules, policies and procedures. We don’t leave matters to chance. Once you become a client of ours, we explain our strategy and tell you exactly how we propose to get you the right result. We will pinpoint the positives and negatives of your circumstances and explain where issues may arise and what would need to be done to fix them. We provide step by step guidance and advice throughout the entire process professionally. Our vast experience allows us to foresee problems before they arise and pro-actively adopt a strategic action plan.

Our legal fees are always agreed and fixed with you right at the beginning of your case, so you have complete peace of mind and control over the costs to ensure there are no restrictions or unpleasant surprises.

There are many online agencies, advisors and marketing companies who claim to be immigration experts but, provide very little expertise.

Let us be very clear here, if you are paying for someone just to fill in the forms for you, you should think about how you can put that money to better use and avoid gambling with your future by using inexperienced and ineffective companies.

We are a fully regulated nationwide, multi award winning law firm that specialises in immigration. Having more than 60 years of combined expertise and having handled more than 8,000 cases we have unrivalled experience and expertise to ensure you get the right result first time around – Don’t take our word for it though, check out our reviews to see why our clients trust us with their futures. We are rated 5* across the board and 98% of our clients have confirmed that they would recommend us to others.

We have illustrated our typical scope of service below so you can understand what we do for you as paid of our service:

Our immigration specialists carry out a free detailed assessment with you to understand your circumstances and needs.
The collated information is then reviewed by a senior immigration solicitor who will have no less than 8 years’ immigration experience.
Based on the information collected, the senior solicitor will then confirm what your options are and will also confirm if we are able to help you.
We will offer you an Agreed Fixed Fee quotation for us to handle your entire case until initial conclusion without obligation.
If we have officially taken your instructions, we will create a client file for you and collect detailed initial information.
We will then ensure you receive a personalised one-to-one legal consultation with a senior immigration solicitor who will take your full instructions by exploring your circumstances in detail and advise you on the best way to meet your objectives. The solicitor will explain the relevant legislations and provide you with advice on the steps that we would need to take to get a successful result.
The senior solicitor who carried out your legal consultation will then send you detailed written legal advice explaining everything that needs to be done and which documents will be required as part of the process. We will tell you about any problem areas and formulate a strategy to overcome/mitigate these.
We will carefully review any documents that you have provided in support of the application. These documents are then validated and formatted to ensure that they meet the UKVI specified evidence requirements. Where they do not, we will explain what needs to be done to address the issues.
Where required, we will prepare any necessary written legal arguments or representations that are required to support your application and gain an approval. Often, we may be required to make discretionary submissions.
We will complete a draft application and share this with you to ensure that all parties are happy with the representations that will be submitted to the Home Office.
We advise you on what application processing routes are available. In some cases, there are fast track or premium processing routes available. We may be required to book a Home Office appointment on your behalf. Will also be able to confirm typical processing times for any processing centre in the world. We explain all options, routes and fees comprehensively allowing you to make the best choice.
We lodge the application on your behalf using our secure authenticated processes. Whilst your application is pending, we continue to ensure you receive maximum legal protection and ensure that your rights and allowances are upheld throughout the processing stage. We ensure that you are aware of and remain compliant with the immigration rules and regulations during this period. We will also keep you updated on the progress of your matter.
If any follow up work is required in response to any queries raised by the UKVI, we will also deal with these as part of the comprehensive service.
We secure a decision on your matter and further advise you on the relevant implications of that decision. If required, we will also confirm if any secondary applications are required and brief you on the necessary process and procedure for those also.

Why should you use Immigration Solicitors to help me?

Here are just some of the reasons to choose us:

We are the UK’s #1 Immigration Specialist Law Firm
We are a fully SRA regulated law firm so you are working directly with our in house legal team
No agencies, middlemen or outsourcing
We have achieved 99% success rate across all application types
We have a 24 hour helpline that operates 7 days a week – 365 days a year
We have multiple offices across the UK but 90% of our clients are not required to visit in person
We have more than 60 years combined immigration expertise
Our team have handled more than 8,000 cases
We offer a free initial assessment which will explain your options and check your eligibility for your chosen route
We operate a 100% Agreed Fixed Fee model with all fees fixed and agreed before work is started
98% of our clients would recommend us to family & friends
Our average rating is 4.6/5 across major review platforms (based on over 2000 reviews).

What is Free Needs Assessment?

If you have an immigration related problem or question, you can have a free assessment with a member of our assessments team.

The assessor will establish why you are calling and what you are looking for assistance with. The assessor will ask you a series of questions to determine your circumstances in relation to your objectives.

The assessment is 100% private and confidential. As we are a private law firm, we work with our clients to overturn Government decisions daily. We do not share any information with any third party.

Although the assessor will be a trained immigration specialist, they are not solicitors and therefore will not give you detailed legal advice or guidance.

If you want to establish what your options are and the best way forward for you, your assessor will collate the necessary information and then speak with one of the resident senior solicitors at the firm to determine what your options are, if and how we could assist and confirm whether we would be prepared to take your case. If we can assist, you will be provided with an Agreed Fixed Fee quotation which is a single legal fee to cover the firms cost of representation agreed from the outset and binding for all parties.

The free assessment is no obligation and you are merely given clarity on your position and options to move forward.

If you have a complex matter or require legal advice regarding a specific issue, you will most likely require a legal consultation.

This is a separate service and is chargeable at the prevailing rates.

Please note, UK Immigration Solicitors are a private law firm and are not part of the Government. We do not accept legal aid instructions. Although we are happy to assist genuine callers, we are not a directory service and sadly are unable to provide you with Government telephone numbers.

To get started you can either call us on 02033844389 or complete the assessment form and one of the team will call you

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Administrative Review

Challenge an Unfair Decision

How can we help you today?

Administrative Review

We Can Help You With Your Administrative Review

Our experienced UK immigration Solicitors can help you with your immigration process.

How can UK Immigration Solicitors help me?

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