Tier 2 Visa Refusal Administrative Review
Administrative Review provides a cost-effective way for those who have had their Tier 2 Visa application refused to get their application reconsidered because they believe an error has been made by the caseworker reviewing it.
Our expert lawyers have an in-depth understanding of the Administrative Review process. We will assist you with correct application procedure and ensure UK Visas and Immigration (UKVI) know exactly why an Administrative Review is being requested so they can focus on correcting the relevant issue. We understand that those entering the UK on the Tier 2 Visa route requires quick support, and are keen to get on with their new position. Our team can put together an application quickly, allowing you to focus on the exciting adventure of moving to the UK.
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 right legal advice explaining chances 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.
What Is Administrative Review for Tier 2 Visa Refusal?
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. You can make an application for Administrative review either from inside the UK (if you are switching to a Tier 2 Visa) or out-of-country.
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.
How Do I Apply for an Administrative Review if Tier 2 Visa is Refused?
If UKVI issues a refused your Tier 2 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 must:
- mention the reasons for refusal that are in your decision letter, and say why you think a mistake was made
- send your completed form in the method the application refusal letter suggests (by email, post or in person)
We will help you examine the reasons for the refusal and put together a detailed covering letter explaining the points that need to be reviewed.
Because an Administrative Review is conducted based on the refused submission, additional documents are not included with the Administrative Review application unless specific grounds of refusal. However, if more documentation is requested, we can advise you organise it.
What Are the Advantages of an Administrative Review after Tier 2 Visa Refusal?
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 spelling this out in your application.
What if My Administrative Review is Refused ?
There are four possible outcomes to an application for AR as stated in the Immigration Rules, Appendix AR, para AR2.2. These are the Administrative Review:
- Succeeds and the eligible decision is withdrawn, or;
- Does not succeed and the eligible decision remains in force, and all of the reasons given for the decision are maintained, or;
- Does not succeed and the eligible decision remains in force but one or more of the reasons given for the decision are withdrawn, or;
- Does not succeed and the eligible decision remains in force but with different or additional reasons to those specified in the decision under review—note in this scenario, you may be entitled to apply for Administrative Review related to the new reasons
If UKVI does not grant you leave to enter the UK after receiving an Administrative Review application, our lawyers are expertly placed to assist you with the next best steps. This can include making a new application or an appeal on human rights grounds where applicable or seeking a Judicial Review of the decision.
Why use A Y & J Solicitors to Manage Your Administrative Review for Tier 2 Visa Refusal?
At A Y & J Solicitors, we have over ten years’ experience of assisting both in-country and out-country applicants for Tier 2 Visas make Administrative Review decisions, sometimes in urgent circumstances. We understand the process and have a strong reputation for achieving successful results for highly-skilled workers.
Caseworker errors on Tier 2 Visa applications include:
- The original decision maker applied the wrong Immigration Rules
- The original decision maker applied the Immigration Rules incorrectly
- The original decision maker incorrectly added up the points to be awarded under the Immigration Rules
- There has been an error in calculating the correct period of immigration leave either held or to be granted
It is unlikely that applying for an Administrative Review will affect your sponsor’s decision to employ you. Administrative Review decisions are usually made within 28 days, therefore should not result in an unreasonable delay in you being able to start your new position.
Success Story on Administrative Review for Tier 2 Visa Refusal
Tier 2 General Visa Refusal Overturned at Administrative Review by A Y & J Solicitors
Tier 2 General Visa refusal can be a stressful experience for genuine skilled migrant worker. Dr S was initially granted leave to enter as a Tier 4 student. She later applied for further leave to remain as a Tier 2 (General) Migrant, which she was granted so she could work for a Dental Practice as…
Video on Administrative Review for Tier 2 Visa Refusal
Administrative Review after the UK Visa Refusal
We are a specialised UK immigration law firm.
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.
It was my one of the best decision to choose A Y & J Solicitors for my complicated immigration case. They are very professional people providing a wonderful service. Even after a rejection of my Initial Application, they manage to overturn the decision in Administrative Review with very strong arguments. Throughout my application process, they always gave me the confidence regarding the case. I would like to thank specially to Sok Wei for taking every detail and present the case very strongly and obviously to Yash who gave me the confidence in the very first meeting. So I would recommend A Y & J Solicitors to everyone who is looking for the best solicitors firm. You will be in safe hands. Thank You