Though the Tier 1 Entrepreneur Visa is no longer a live Immigration Category for those wishing to come to the UK, the extension and settlement routes of such a category is still open to Applicants for several years. As such those applying to either extend their visa or settlement, will still be having access to challenge their refusal letter via Administrative Review.
The Administrative Review provides a cost-effective way for applicants to request reconsideration of refusal decision because they believe an error has been made by the caseworker assessing the application.
Our expert lawyers have an in-depth understanding of the Tier 1 Entrepreneur Visa Administrative Review process. We can assist you with right procedure and ensuring UK Visas and Immigration (UKVI) know exactly why an Administrative Review is being requested so they can focus on correcting the relevant issue.
At A Y & J Solicitors, we will take the time to carefully examine why your visa application was refused and advise you on the best course of action to take. You can be confident that as an SRA regulated firm, we will act with the utmost integrity and direct you to the cost-effective path explaining the chance of success.
Administrative Review can be a complex process; however, by instructing us, you can trust that your matter will be dealt with quickly, and all aspects of the Administrative Review process will be explained to you in a clear, friendly manner.
Administrative review is the process by which those applying for visa can challenge the refusal on the basis that the decision is incorrect due to a case working error. For those who have applied for a Tier 1 Entrepreneur visa before 29th March 2019 and had their applications refused, and application for Administrative Review is available. Those who are currently in the UK on a Tier 1 Entrepreneur Visa and had their extension, or settlement application refused they can also apply for Administrative Review.
We will provide you with all the information you need to fully understand the Administrative Review process. You will also receive the email and direct dial of the lawyer handling your matter so that you can ask questions at any time during office hours.
If UKVI refused your Tier 1 Entrepreneur Visa, it must issue a written notice concerning your eligibility for Administrative Review. The notice must include or be accompanied by a statement of the reasons for refusal. Information on how to apply for Administrative Review and the time limits for making an application must also be included within the information provided to an applicant by the Home Office.
If you are outside the UK and wish to apply for an Administrative Review of a UKVI decision, you will have 28 days to make the application. If you are applying inside the UK, you have 14 days.
When applying for Administrative Review, you should:
We will assist you with examining the reasons for the refusal and put together a detailed covering letter explaining the points that need to be reviewed.
At the time of the reconsideration, all of the evidence that was before the decision maker when the original decision was made will be looked at. In the event additional evidence is available to prove the case working error, this may also be considered, but only as per the exceptions listed in AR2.4.
Administrative Reviews provide a fast, cost-effective way of having a refusal from UKVI re-examined. The key to ensuring an Administrative Review is successful is to precisely pinpoint the error made by immigration officials when deciding your application and clearly explaining this in your application.
There are four possible outcomes to an application for AR as stated in the Immigration Rules, Appendix AR, para AR2.2; the Administrative Review either:
If UKVI does not grant you leave to enter the UK as a student after receiving an Administrative Review, our lawyers can assist you with the next best steps. This can include making new application or an appeal on human rights grounds where applicable or seeking a Judicial Review of the decision
At A Y & J Solicitors, we have over ten years’ experience of assisting both in-country and out-country applicants for challenging Tier 1 Entrepreneur Visas Refusal decisions, sometimes in urgent circumstances.
Can I challenge Administrative Review decision?
You cannot challenge Administrative Review decision unless there is another reason for refusal given in reply to Administrative Review. The option available is to apply for Judicial Review of UKVI’s decision. Our expert team can assist you with making an application for Judicial Review. Although it is a complex process, our lawyers have a strong track record of success. We are especially mindful of the large amount of capital at stake in Tier 1 Entrepreneur Visa applications and work swiftly to achieve best possible results.
Have You Submitted an Extension Application and been Refused? Mrs C, a Non-EEA national, entered the UK on Tier 1 (Entrepreneur) visa after deciding to invest over 200,000 GBP into a local business in the United Kingdom. During her stay in the UK, Mrs C not only established a local business, but she also created…
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This video is about the Administrative Review after the UK visa refusal.
These days, most of the UK immigration applications, if refused, offer no full right of appeal. If this is the case, then you may have an opportunity to request an Administrative Review of the decision. It’s very important that you take this opportunity seriously and see if you can have the original decision overturned in your favour.
At A Y & J Solicitors, we specialise in Administrative Reviews. For a successful Administrative Review there must be an error in the decision that we can challenge. Recently we helped a client whose Tier 2 application was refused for a case working error of the Home Office. The Home Office alleged my client of not being eligible to switch her immigration status in the UK due to non-completion of an appropriate UK recognised degree. However, my client had completed a recognised UK degree and was eligible to switch immigration status. We dealt with the case through an Administrative Review request. The Home Office looked into the situation and granted a decision in our client’s favour.
Administrative Review is an opportunity to get The Home Office decision corrected. However, if you fail at the administrative review stage you could pursue challenging the decision by judicial review proceeding. Please note, judicial review could cost great deal of time, money and energy. Therefore, it’s important to take the administrative review process seriously, and use the opportunity to get it right the first time.
If you’re considering an Administrative Review and require assistance please Get in touch with us, our contact details are at the bottom of this video. We’re here to help. Thank you.
A Y & J Solicitors are the BEST and the first GENUINE law firm. Our very difficult journey started with Yash Dubal and Diana Todirica. They were very efficient, responded to all our queries straight away. I would highly recommend them to everyone. Diana was very thorough and supportive all throughout. I can’t thank them enough. Sincerely, Z Gaughan.