If your visa application is refused, you’ll be told in your application refusal letter if you can ask for the decision on your visa application to be reviewed. This is known as an ‘administrative review’. This is not an appeal and it is not an alternative to an appeal.
If you are outside the United Kingdom, you can only ask for an administrative review if all of the following apply and you must apply within 28 days of getting the decision:
- you’re outside the UK
- you applied outside the UK
- your application was refused on or after 6 April 2015
- you don’t have a right of appeal against the refusal
- you didn’t make an application as a visitor or a short term student
If you are in the United Kingdom, you can ask for your application to be reviewed if one of the following applies which must be done within 14 days:
- your application was refused
- your application was granted but you’re unhappy with the amount or conditions of your leave
You must apply within 7 days if you’ve been detained.
At, City Legal we can assist you in making an administrative review of your visa decision. We are accredited at Level 2 by the OISC which means, even if your application is refused due to a credibility issue, we can assist you in getting UKVI to review this decision.
We at City Legal can assist you to assess the refusal first and decide whether there is a reasonable chance of administrative review to be successful. If we believe that your visa refusal was within the Rules then it would be more appropriate to submit a fresh application, addressing the reasons of refusal.
Appeal vs Administrative review.
An appeal is considered by the court, by an independent judge, ie independent from the Home Office who made a decision to refuse your application. An administrative review is considered by the Home Office, i.e. by the same organisation who refused your application, but by a different caseworker. The administrative review is normally used as an option to point out any human errors made in making the visa decision. Processing time for a review is also shorter than for an appeal, sometimes even several months, thus giving the migrant less time to choose an alternative way to remain in the UK.
Status while appealing or waiting for a review to be considered
If you submit your application for an appeal, or for an administrative review, on time, i.e. within the deadline given to you in the refusal letter (usually 14 days), then your immigration status remains in the same category as you had before you made the “refused” application. This is assuming you made that application on time or within 28 days after your previous visa expired. The former is under the Section 3C of “The 1971 Act” and the latter is under the Immigration Rules, which allow for 28 days overstaying.
Choosing between an appeal and administrative review
The migrants are not allowed to choose between administrative review & appeal. Some visa categories allow for the right of appeal but most don’t. From 2 March 2015 there is no longer a right of appeal under the Points-Based System categories, such as Tier 1 (Entrepreneur) Tier 2 General etc. Appeals for Tier 4 students have been stopped in 2014. Appeals are still available for decisions for spouses and partners of the UK citizens and for most EEA law applications, such as for a Residence Card for a spouse of an EEA citizen or for permanent residency. For, British Citizenship applications, There is neither appeal nor administrative review. There is a process of reconsideration and it is up to the UKVI staff discretion. There are no official rules relating to this.
Please contact us on 020 3695 4626 for more details.