UK Visa Administrative Review

Key Takeaways

• An Administrative Review allows applicants to challenge specific case working errors in Home Office decisions on eligible visa types. This process doesn’t reconsider the entire case but focuses on correcting mistakes, such as misapplied immigration rules or guidance.
• Not all visa types qualify for Administrative Review; visitor visas, for instance, are ineligible. Applicants can request AR if they received a refusal or are dissatisfied with the conditions of their leave, provided they meet the criteria outlined in the refusal letter.
• The Administrative Review process does not allow new evidence, except in limited cases (e.g., deception or failure to request documents). Applications must be submitted within 14 days if inside the UK (28 days if outside). Decision timelines vary, with most UK-based cases taking up to six months or more and overseas cases potentially lasting 12 months or longer.
• The Administrative Review application fee is £80, refundable only if a Home Office error is confirmed and the decision is overturned. Possible outcomes include decision withdrawal, decision upheld, or modifications to reasons for refusal. If unsuccessful, applicants cannot appeal but may consider judicial review in some cases.

What is Administrative Review?

An Administrative Review is a process where applicants can challenge a Home Office immigration decision on the grounds that it contains case working errors. This option is available for certain visa applications, allowing applicants to request a review if they believe the Home Office has made a mistake, such as assigning the wrong period or conditions for immigration leave.

Not all visa types qualify for Administrative Review. For instance, visitor visas are not eligible for this process. Only specific errors, as defined in the immigration rules, can be grounds for an Administrative Review, which means that applicants cannot appeal simply because they disagree with the decision.

If you have received a refusal notice that mentions Administrative Review, you may be able to apply. During this review, a new Home Office officer examines the application to identify if any relevant errors were made. If a case working error is confirmed, the Home Office will correct it, potentially overturning the original decision.

Case Working Errors

The person reviewing an administrative review will check if the original decision was wrong because:

1. The original decision-maker did not apply, or applied incorrectly, the relevant Immigration Rules; or
2. The original decision-maker did not apply, or applied incorrectly, official guidance.

Administrative Review VS Immigration Appeal

Administrative review is an internal Home Office review process that assesses whether the case worker made an error. Applicants generally cannot submit any new evidence or documents as part of the review process. The review is conducted by a different, independent caseworker within the Home Office who was not involved in the original decision.

A visa appeal involves a broader examination of the visa application, including factual and legal arguments. It can consider human rights, asylum claims, and complex legal issues. Applicants can submit new evidence. Appeals are heard in the First-tier Tribunal, by an independent judge, thus providing a more impartial review outside the Home Office.

Administrative reviews are typically quicker and more straightforward than an appeal since the goal is to correct clear mistakes rather than re-evaluate the case in detail.

Submitting New Evidence

While administrative reviews generally do not permit the submission of new evidence for the visa application, there are specific exceptions. New evidence will be considered if the original decision involved:

1. Refusal due to false information or deception.
2. Cancellation of entry clearance or permission based on false information or deception.
3. Refusal due to a previous breach of immigration laws.
4. Failure to request specific missing documents.
5. Failure to follow the Home Office’s evidential flexibility policy.

If you have applied as a Frontier Worker or a Service Provider from Switzerland, you can submit new evidence with the administrative review request; however, it should only include information that was not previously provided to the Home Office.

Who Can Apply For Administrative Review?

The details around who can apply for an administrative review are very detailed and laid out in the Home Office guidance. In summary, if you have submitted when an application was made "on or after a specified date and received an eligible decision".

If you are in the UK

You may ask for a review if either:

• Your visa application was refused
• Your visa was granted, but you are unhappy with the amount or conditions of your leave

If you are not eligible for a review, you may still be able to appeal your visa decision.

If you are outside the UK

You may be eligible for a review if you meet all of the following requirements:

• Your visa application was made from outside the UK
• You received a refusal on or after 6 April 2015
• You do not have the right to appeal against the refusal
• You did not apply as a short-term student visa or visitor visa (except as a healthcare visitor)

Eligible decisions relate to various visa categories, including Tier 4 (from 2014), Tiers 1, 2, or 5, indefinite leave applications (from 2015), applications by Turkish nationals under specific UK obligations, Student and Child Student visas (from 2020), Skilled Worker, Intra-company, religious, sports, representative of overseas business, ancestry, talent, start-up, innovator, seasonal, youth mobility, religious, charity, and government-authorised exchanges, as well as specific Hong Kong, domestic worker, and graduate routes from 2021.

In any event, if the Home Office has refused your application, the refusal notice will tell you if you can apply for administrative review.

Administrative Review Timeline

If you receive a visa refusal letter, you have 14 days to submit a request for administrative review if you are in the UK and 28 days if you are outside.

• If you applied on time and then requested an administrative review within the allowed period, your immigration status will continue until you receive the decision on your review.
• If you were already overstaying when you applied for an administrative review, the Home Office won’t take steps to remove you from the UK while your review is pending.

The appeal timeline varies and depends on factors like the Home Office's caseload. For cases submitted within the UK, it can take 6 months or more to receive an administrative review decision. If you are outside the UK it can take 12 months or more. If no decision is reached within 6 months, the Home Office will provide an update. Processing delays do not affect your rights.

Frontier worker administrative reviews can take 12 months or more, and for Service Providers from Switzerland, it can take 18 months or more.

There is no possibility of requesting a faster turnaround for administrative review.

Administrative Review Fees

An administrative review application costs £80.

This fee will be refunded if the original decision is withdrawn due to a Home Office error or if your review application is rejected as invalid. However, if the decision changes only because you submitted new information or evidence, the fee will not be refunded.

In exceptional circumstances, a fee waiver may be granted if the applicant can show they are unable to pay. To apply for the waiver, the applicant should explain their reasons on the administrative review form.

How to Apply for an Administrative Review

The process for applying for an administrative review depends on the type of application. There are specific procedures for Frontier Workers, Service Providers from Switzerland, and other visa types. Most applicants will follow the main process, but all procedures are detailed on the UK Government's "ask for an administrative review" webpage.

1. Confirm your eligibility for an administrative review based on the instructions in your visa decision letter.
2. Submit your application for administrative review directly on the UK Government website. Be sure to apply within the allowed timeframe and follow the correct process for your visa type.
3. Complete the online form, including any new evidence if your case allows for it. Clearly outline the reasons for the review, explaining the specific errors made in your case and how they conflict with UK immigration rules.
4. Pay the £80 fee and submit the application.
5. Await a response from the Home Office.

Administrative Review Decisions

There are four possible outcomes after an application for administrative review. The Home Office can:

1. agree that there was a casework error in the decision, and the decision is withdrawn.
2. find no casework error; the decision remains in effect with all original reasons upheld.
3. find no casework error; the decision remains in effect, but one or more reasons for the decision are removed.
4. find no casework error; the decision remains in effect, but with different or additional reasons added.

Successful Administrative Review

If the Home Office finds an error in the original decision, they will assess whether correcting it would change the outcome. If so, they will withdraw the decision, refund your administrative review fee, and usually issue a new, corrected decision.

If the new decision is in your favor, you will be granted the type of leave that matches your original application. This leave will start from the date the incorrect decision was withdrawn. If your review questioned the length or conditions of your leave, you will receive a new Biometric Residence Permit (BRP) reflecting the update.

Unsuccessful Administrative Review

If the Home Office decides that the original decision on your visa or immigration application (including the period of leave or conditions) was correct, you will receive a notice confirming that the decision has been upheld.

There is no right to appeal an administrative review decision, nor can you request a second review—unless the first review identifies new reasons for refusal. In that case, you may be eligible for a further review based on those new grounds, as noted in your decision letter.

In some cases, it may be possible to challenge the outcome of the administrative review through judicial review. You may wish to seek advice from a specialist immigration judicial review lawyer.

Get Help With an Administrative Review

Receiving a refusal decision from the Home Office can be challenging and unsettling. It’s important to understand your options, including an administrative review, a visa appeal, or submitting a new application, along with the risks associated with each path.

An administrative review can help address caseworker errors, and QC Immigration can advise on the merits of pursuing this route. However, an administrative review may not always be the best option depending on your initial application; in some cases, submitting a different visa application may be more suitable.

In many cases, working with experienced immigration lawyers can increase the likelihood of success in an Administrative Review. At QC Immigration, we have a proven track record of assisting clients with carefully prepared Administrative Review applications, often resulting in favourable outcomes. Contact us to discuss your options if you have received an unfavorable immigration decision and believe a case working error may have occurred.