UKVI Update: Applications for Admin Review

UK Visas and Immigration regularly update their policy guidance to reflect recent changes in UK immigration law. This month has seen updated guidance for applications for Admin Review. An application for Admin Review can be made from both outside the UK and from within the UK, as long as the right of Admin Review has been given in the Home Office decision letter. LEXVISA Immigration Lawyers London are specialists in dealing with Admin Reviews and are happy to arrange a consultation with our expert solicitor in order to assess your refused application and review the Home Office decision letter in order to tell you your prospects of a successful Admin Review application as in some circumstances it may be better to submit a fresh application that has been prepared with stronger and better evidence and representations. Therefore please contact our team today to find out more.

What is an Admin Review?

If the Home Office has refused an application, the decision letter will tell the Applicant if they can apply for Admin Review to reconsider the application. This is instead of giving a Right of Appeal. The key difference between an appeal and an Admin Review is that no new evidence can be considered during the Admin Review process whereas further supporting documents can be submitted with an appeal that was not considered with the initial application. An application for Admin Review can also be made if the Applicant thinks that the Home Office has granted the wrong period or conditions of immigration leave.

An application for Admin Review must be made in accordance with Part 1 of the Immigration Rules and Appendix AR to the Immigration Rules and applications are now made online. Eligible decisions are those made on:

  • in-country Tier 4 applications made on or after 20 October 2014 by either a main Applicant or dependant;
  • in-country Tiers 1, 2 or 5 applications made on or after 2 March 2015 by either a main Applicant or dependant, including Indefinite Leave to Remain (“ILR”) applications under those routes;
  • in-country applications where the decision was made on or after 6 April, unless the Applicant applied as a visitor or made a protection or human rights claim;
  • entry clearance as a short term student made under part 3 of the Immigration Rules
  • entry clearance as a visitor;
  • entry clearance human rights claim.

You may also be eligible to apply for Admin Review if your visa in cancelled at the border because there has been a change in circumstances, false information was given or if relevant facts have not been included. For entry clearance applications and decisions made at the border, Applicants are usually given 28 days to make an Admin Review application. If the refusal is in-country, then the Applicant has 14 days for an Admin Review.

Admin Review for EU Settlement Scheme Applications

An applicant who applies under the EU Settlement Scheme on or after 1 November 2018 may apply for an administrative review where they have received an eligible decision as set out in Appendix AR (EU). The application can be made from the UK or overseas and it is not possible to include dependents within an application so each person will need to apply individually to have their decision reviewed. Applicants will have 28 days to submit an Admin Review application unless that person is detailed under the Immigration Act; these individuals will only have 7 days to apply if they have received their decision on or after 1 October 2019. Decisions made before this date are still subject to the 28-day deadline.

There is no right to an Admin Review where the application has been refused on suitability grounds as set out in paragraph EU15 or EU16 of Appendix EU. There is also no right to an Admin Review where the application has been rejected as invalid under paragraph EU10 of Appendix EU.

Using Legal Representation to submit a successful Admin Review to the Home Office

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to assist you with a successful Admin Review application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules for your application.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided.

The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successfully apply for an Admin Review

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a successful application before it even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an Admin Review application and are able to advise you in respect of your prospects for success and to ensure that you meet all the requirements of the relevant rules.

Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your UK immigration matter.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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