Your UK visa application may be refused for various reasons. However, if you are convinced that there is an error on the part of the caseworker who processed your visa application, you may be able to apply for an administrative review. The UK Visa Administrative Review is a right you are given by the Home Office if your UK visa for entry clearance or leave to enter or remain is refused by them.
You can also ask for an administrative review if you were granted a visa but you are not happy with the amount of leave conditions of the visa granted to you. Administrative review is a process where you can challenge the UK Home Office's decision to refuse your visa application.
You can stay and continue to enjoy the rights and benefits in the UK, if you are in the UK on a valid visa, until a decision on your administrative decision is delivered by the Home Office.
Please note that not all visa routes allow applicants to apply for an administrative review. For example, UK visitor visa applicants have no review option available. Instead, they can make a fresh application. In this article, we will discuss how to apply for a successful administrative review.
Irrespective of where you are applying from (from within the UK or from outside the UK), you can apply for UK administrative review online.
You can apply for an administrative review if you are given the right to it. Whether you have the right to administrative review will be told to you in your visa decision letter by the Home Office.
You can apply for administrative review for certain visa categories, such as student visas, short- term work visas, skilled worker visas, Tier 1 investor visas, and Tier 1 entrepreneur visas.
You can follow the below steps to increase the chances of your administrative review being successful:
You must go through the reasons mentioned in the decision letter for UK visa refusal carefully. You should identify where the error occurred so that your review application is easier to address the mistake by the caseworker.
You need to articulate well the specific reasons for challenging the decision based on the reasons mentioned in the refusal letter. You should make it clear to the Home Office where exactly, in the application process, an error has been made by the caseworker.
You should understand that an administrative review is to highlight a factual error or procedural mistake you believe has been made by the case worker. You cannot submit new evidence barring certain circumstances (mentioned above); however, you can demonstrate that the caseworker misinterpreted or overlooked the information or evidence provided by you.
You can demonstrate the error by pinpointing the specific evidence as evidence that got overlooked or misinterpreted. If your visa was refused for not submitting the required evidence, you can specify where that document and the proof are located in the original evidence.
If you see that there has been a misinterpretation of immigration law by the caseworker, you can cite the correct rules that should have been applied, proving that if the law had been interpreted correctly, your visa application should not have been refused.
Apply for a review within the prescribed time.
If you applied for leave to remain from inside the UK, you must apply within 14 days of getting the refusal decision or within 7 days if you were detained when you got the decision on your visa application.
If you applied for entry clearance from outside the UK, you must apply within 28 days of getting the refusal decision from the Home Office.
You can apply for an administrative review if your UK visa or entry clearance was canceled at the border by an immigration officer outside the UK. You must apply for administrative review within 28 days of your visa cancellation from any of the following cities:
Usually you cannot submit new evidence to support your review application. However, in some cases, such as proving a lack of deception, errors in date calculation, etc., you may give new evidence to the
Home Office if the review application form gives you this option. If you are allowed to give new evidence, you must give it within 10 days of applying for administrative review online. If you fail to do so, your application for review may be refused.
You should usually seek an expert’s help before applying for a review to make your case strong. You can apply for a review yourself or through a representative (solicitor, immigration adviser, or another qualified
professional). You will need to provide written consent to the representative if you want them to submit the application, communicate with the Home Office, and receive updates from them on your behalf.
You have to pay a fee of £80 for administrative review. This fee also includes your dependents. If you received a fee exemption or fee waiver at the visa application stage, you may qualify for an exemption or fee waiver at the time of administrative review.
You should follow the steps for reviewing the application as mentioned in the refusal letter. Make sure your application is complete and submitted within the deadline.
Your application for administrative review is assessed by a different Home Office team that was not involved in the original decision of refusing your visa application. Currently, it can take 12 months or more for the Home Office to deliver a decision on your review application. If the Home Office is unable to give a decision on your application within 6 months, it will contact you with an update.
You can only apply for an administrative review once. However, if you are given a new decision against your review application, you may apply for a review of the new decision. You may also apply for a review if your review application is refused for new reasons that are different from the first time reasons for refusal.
You can only apply for a review of the new decision if you are allowed to do so. This will be told to you in the decision notice sent to you.
The administrative review process is not simple and takes a long time to get a decision. It is in your best interest that you apply for a review through a representative or at least seek an approved immigration expert’s advice.
If your application for administrative review in the UK is refused, depending on your specific situation and the type of visa you applied for, you may be able to go for judicial review, or simply reapply for the same or another visa.
We help you make hassle free administrative review application. It does not matter which visa category you applied for if you have been given a right to apply for a review we will assess the exact reasons and solution addressing those reasons so that the Home Office reconsiders your visa application.
You can reach out to us for any query or issues related to an administrative review after your visa application has been refused.
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