If a UK Visas and Immigration application has been refused, you may be able to challenge that decision by way of an Administrative Review. You can only Administratively Review an eligible decision which may be submitted either within the UK or out-of-country; depending on the instructions on the decision letter. Contact our Immigration Team to arrange a consultation to discuss preparing and submitting a successful Administrative Review to the Home Office.
Who can submit an Administrative Review application?
Unlike other UK Visas and Immigration appeals, successful Administrative Reviews can only be made if there has been a case working error and therefore no new evidence may be submitted, unless otherwise asked for by the Home Office. Administrative Reviews may also be submitted when the case working errors will have an unfair impact on an Applicant’s future UK Visas and Immigration applications.
There are three different instances where an Administrative Review application can be made and each have their own criteria as briefly outlined below:
- you must be outside of the UK when making your Administrative Review application;
- your application was refused on or after 6 April 2015;
- you have 28 days from the decision letter to apply for an Administrative Review; and
- you will be given a form to complete along with the refusal letter, or alternatively, you can download it from the Home Office website.
- your application was refused and you have been given the right to an Administrative Review; or
- your application was granted but you’re unhappy with the amount or conditions of your leave;
- you have 14 days to make an Administrative Review application, or 7 days if you have been detained; and
- if your visa has expired, you won’t usually be removed from the UK until the Administrative Review has been completed.
- you have 28 days to apply for an Administrative Review from the date of the decision letter or notice to cancel leave; and
- if you were allowed in the UK, you won’t usually be removed until your Administrative Review has been completed.
Reasons for the cancellation of leave are:
- there has been a change in your circumstances;
- you gave false information;
- you failed to include relevant facts.
Benefits of Submitting a Successful Administrative Review
The benefit of submitting an Administrative Review is that it will overturn an incorrect Home Office decision. The Administrative Review is carried out by a Senior Caseworker of the Home Office who is on an independent team, so if there has been a case working error it will be identified immediately and the decision will be overturned. It is important to note that those who apply for an Administrative Review cannot make a new UK Visas and Immigration application at the same time. It usually takes 28 days for the Home Office to reach a decision on an Administrative Review application.
Where a Home Office decision is not eligible for an Administrative Review application, Applicants may wish to consider a possible Judicial Review Claim. However, it is important that Applicants take advice from expert Immigration Solicitors before commencing a Judicial Review Claim as there can be severe costs consequences for bringing a Judicial Review Claim without merit.
Using Legal Representation 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 application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules for an Administrative Review 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 Administrative Review application meets the Immigration Rules.
Successfully Apply for an Administrative 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 Administrative Review application before your Administrative Review application 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 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 an Administrative Review application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.