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Administrative Review
Administrative review is a process whereby applicants can request their decisions be reconsidered by the Home Office if there has been a case working error and is the first available option for those decisions that does not warrant a right of appeal.
Points Based System applications by either the main applicant or dependant, including indefinite leave to remain applications under those routes made in the UK as well as applications made by Appendix W workers and their families are eligible for Administrative Review. A full list of eligible decisions can be found under the Immigration rules in Appendix AR.
Case working Errors for Administrative Review
Some of the case working errors for the purpose of making an administrative review under Immigration rules are listed below.
- Applying the wrong Immigration rules
- Applying the Immigration rules incorrectly
- Wrongly calculating the points to be awarded for the application
- Error in calculating the period of leave granted
- Considered some or all of the evidence submitted incorrectly
- Making an unreasonable decision on the credibility of the applicant
- Failing to apply the Secretary of State’s relevant published policy and guidance
- Failing to apply overstay exemption rules or wrongly calculating the period
- Incorrectly decide that supporting documents were not genuine
There is a fee payable of £80 for those applications made in the UK; a refund is provided if the review is successful. The administrative review must be requested within 14 days of getting the decision if in the UK or 28 days if the applicant is outside the UK.
How can we assist?
Our Immigration lawyers at City Legal have immense experience in assisting clients in challenging refusals and wrongful decisions via administrative review or appeals. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.
Frequently Asked Questions
An appeal is considered by the court, by an independent judge, i.e. independent from the Home Office who made a decision to refuse your application. The appeal could take several months to be considered by the court. An administrative review is considered by the Home Office, i.e. by the same organisation who refused the 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, normally around a month thus giving the applicant less time to choose an alternative way to remain in the UK.
If the applicant submitted an in-time application before the expiry of their previous visa and made a request for an administrative review before the deadline (14 days); then under Section 3C of The Immigration Act 1971; the immigration status will continue to remain the same as of the previous visa category and the applicant can continue to enjoy the same benefits whilst the review is under consideration.
There is normally no administrative review rights when there is a right of appeal and the applicant should pursue the appeal. However in some cases like the EU Settlement scheme, the applicant may submit for an administrative review and the appeal at the same time.
The request for administrative review will be normally withdrawn (cancelled) if any other immigration or visa application is made.
The administrative review process normally takes around a month to complete. If the result is not positive, then the applicant may challenge the refusal decision by the form of a judicial review if it is made incorrectly.