If a Home Office decision needs to be challenged, there are different ways in which this can be done depending on the application or type of decision made. The two main ways to challenge a Home Office decision are to submit an Appeal or ask for the decision to be reviewed by way of an Administrative Review. Applicants do not get to choose how to challenge a decision and the Home Office decision letter will usually state the appeal or administrative review rights. Our Immigration Solicitors in London specialise in applications for Administrative Review and can review the initial Home Office decision and prospects of successful Administrative Review before it is submitted. We are happy to arrange an initial consultation so please get in touch with our Immigration Team without further delay as there are time limits to submitting an Administrative Review.
What is administrative review for UK visa?
Unlike an immigration appeal, administrative reviews are not considered by an independent immigration Judge, nor can new evidence be submitted for consideration. The Administrative Review process is for the Home Office Administrative Review team to assess the initial decision and determine whether there was a case working error in the decision making. Administrative Reviews are made online and considered in accordance with the Immigration Rules Appendix AR: administrative review.
What decisions are eligible for Administrative Review?
Applicants who applied both from outside the UK as well as within the UK can seek an Administrative Review if the decision is eligible; as well as if a visa is cancelled at the border. The following decisions are eligible for an administrative review:
- Student and child student applications;
- Tier 1, Tier 2 and Tier 5 applications;
- Points based system dependent applications;
- Applications made under the EU Settlement Scheme if the application has not been refused on certain suitability grounds.
Overseas Administrative Reviews are currently free, whereas it costs £80 from within the UK. Overseas Administrative Reviews must be requested within 28 days of the decision whereas within the UK only has 14 days.
Can I administrative review my Tier 2 refusal?
Yes as mentioned above, decisions under the Tier 2 categories of the points based system are eligible for administrative review. Not only can Applicants ask for their Tier 2 refusal to be administratively reviewed, but also if the Home Office has granted the Tier 2 visa for the incorrect amount of time which is not in accordance with the dates on the Certificate of Sponsorship (“CoS”) provided by the sponsored employer.
What happens if my administrative review is successful?
If an Administrative Review is successful then the original decision will be overturned or corrected. This means that the visa will either be granted or the visa conditions (such as the duration of the leave to remain) will be amended.
What happens if my administrative review is unsuccessful?
When an administrative review is unsuccessful then the original Home Office decision will stand. If the application was made from within the UK the Applicant will need to leave the country if they no longer have a valid visa. If the application was made from outside the UK then a fresh application will need to be made in order to enter the UK. Visas which were cancelled at the border will remain cancelled if the administrative review was unsuccessful so a new visa will need to be obtained in order to enter the UK.
What is the difference between administrative review and judicial review?
Administrative Reviews and Judicial Reviews are not the same thing. An application for an Immigration Judicial Review is only to be made as a last resort and when all other appeal rights have been exhausted; including Administrative Review. Claimants should take serious consideration when deciding to proceed with a Judicial Review claim as it can be costly and time-consuming. Furthermore, Judicial Review claims which are submitted without merit can incur cost implications; therefore it is important to seek legal advice from a specialist immigration law firm such as ourselves before proceeding with a Judicial Review.
Using our Immigration Solicitors in London to submit a successful Administrative 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 Administrative Review. 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 Administrative Review 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 submit an Administrative Review with our Immigration Solicitors in London
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 Administrative 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 Administrative Reviews. 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 02030110276 or complete our contact form.