Do you believe the decision made on your application was unfair? If that's the case, you may be eligible for an Administrative Review. This basically requests the Home Office to review the application because an aspect, such as your income, was incorrectly calculated. It may also be relevant if you believe the Home Office has failed to examine specific supporting documents or evidence. Officials from the Home Office will tell you in your decision letter whether you are eligible for an Administrative Review.
An Administrative Review is a method to challenge the Home Office's decision if you have been denied a UK visa. A Home Office official will evaluate your application. However, it’s important to note that you won't be able to submit new documents to overturn the decision or correct any faults found throughout the application process.
An Administrative Review varies from a Right of Appeal appeal of a visa decision. While the court considers an appeal, the Home Office considers an Administrative Review. Rather than challenging the reasoning behind a denial, an Administrative Review enables you to dispute errors or mistakes made by the Home Office. Furthermore, several visa categories, such as the UK entrepreneur visa, do not have a right of appeal. Therefore an Administrative Review is your only choice in these instances.
Administrative Review is available for the following types of applications:
A separate team, independent of the original decision-maker, conducts an Administrative Review. The Home Office staff in charge of in-country Administrative Review decisions is now located in Manchester, which separates them physically from the original case working teams in Liverpool and Sheffield.
If you're outside the UK, in the UK, or if your visa was refused at the border, the procedure for appealing a visa decision is different. If your visa application is denied, the Home Office will send you a notification explaining why the decision was made and whether you may request an Administrative Review of the decision.
If you get a refusal letter, it will specify whether you can request a re-examination of your visa application decision. This means you can request an Administrative Review as long as the following criteria are met:
Within 28 days after receiving the refusal decision, an Administrative Review can be requested. If there are any mistakes in the review application, the decision will be reconsidered. You can't submit any new information or documents until you've been requested to. The following steps are involved in requesting an administrative review:
Within 28 days, you will be notified of the decision of the Administrative Review. You can't ask for a second review unless the results of the first reveal new reasons for your visa refusal. You may be eligible to ask for a Judicial Review if you think the review was not completed correctly.
You may seek an Administrative Review from inside the UK if you have not been granted the Right of Appeal. The deadline for filing an Administrative Review is 14 days after receiving the decision. If you've been detained, you have seven days to apply. This process will cost you £80.
The outcome of the review will be conveyed to you within 28 days, just as when applying from outside the UK. A second Administrative Review is not possible unless the decision includes additional reasons you were denied a UK visa.
Even if your visa has expired, you will generally not be removed from the UK until the Administrative Review is completed.
Visa cancelled at border
If your visa was cancelled at the border for one or more of the following reasons, you may appeal the decision.
Temporary Admission to the UK
The deadline for requesting an administrative review is 14 days after receiving the decision. If you've been detained, you'll have seven days to apply. The application must be submitted from inside the United Kingdom.
Visa cancelled at border controls outside the UK
Within 28 days after your visa cancellation, you may request an administrative review in any of the following cities:
Within 28 days, you will be notified of the result of the administrative review. It's worth noting that you can only request a second review if the previous one found new reasons for your refusal.
The cost-effectiveness of the Administrative Review procedure (£80 each application) is one of its main benefits. In the following cases, certain applicants may be excused from paying the fee:
The key to ensuring that an Administrative Review is successful the first time is to identify the error made by immigration officials when evaluating your application and lay it out clearly in your application.
According to the Immigration Rules, Appendix AR, para AR2.2, there are four potential outcomes for an AR application. These are the following:
The Administrative Review:
After obtaining an Administrative Review, if UKVI does not give you permission to enter, you may hire a lawyer to help you figure out what to do next. This may include submitting a new application, challenging the decision on human rights grounds, or requesting a Judicial Review.