How Administrative Review Can Change a Home Office Decision
When you attempt to navigate past all the guidance, regulations, and details of any UKVI decision, you find real people facing challenging life circumstances. A refusal from UKVI can mean an entire life’s trajectory is suddenly reversed. For many people, this decision is understood to be final. However, you may successfully challenge a UKVI decision by applying for an Administrative Review of the decision.
Ms A was applying for a Tier 1 Entrepreneur extension. She thought the process would be straightforward, and submitted her information with confidence. However, she received a very unexpected refusal from UK Visas and Immigration (UKVI). Shocked, she started to make plans to end the business she had been working so hard at for the past three years.
A friend heard about her refusal and recommended she contact an expert immigration law solicitor. A Solicitor firm immediately conducted a review of the refusal. It was clear that UKVI has based their decision on misconstrued information. With permission from a hopeful Ms A, a request for an administrative review was launched, along with a strong case for Ms A’s extension to be approved.
A week later Ms A received notice that the decision had been reversed, and her Tier 1 Entrepreneur extension had been approved. Ms A was delighted to be able to continue growing her business and work towards a settlement.
What is an Administrative Review?
Administrative review is the term given by the Home Office to a process of internal review of certain appropriate immigration decisions. The applicant can request that a decision which they believe is wrong be reviewed by a Home Office official who is not the original decision-maker, rather than by an independent tribunal or court.
There are currently three types of Administrative Review:
- Administrative Review of in-country decisions to refuse an application for further leave to remain, or to approve such an application with an error relating to the length or conditions of leave
- Administrative Review of entry clearance decisions
- Administrative Review of decisions made at the UK border
The process involves checking for any administrative errors which may have been made by the original person who reviewed your application.
Applying for an Administrative Review is usually the most cost-effective way of challenging a UKVI (a division of the Home Office) decision. It is therefore imperative that if you have received a negative decision on an immigration application, you contact an experienced immigration solicitor as soon as possible. They will advise you if your decision is eligible for Administrative Review and assist you in making an application.
How do I request an Administrative Review of an immigration decision?
There are several processes which must be adhered to when applying for an Administrative Review. For example, if the decision involves leaving to remain/ leave to enter, UKVI must issue a written notice giving a statement detailing the reason for the refusal.
UKVI should include information on how to apply for Administrative Review and the strict time limit for requesting it. An application for Administrative Review must be sent to UKVI within 14/ 28 days (depending on the in the country / out of country decision) from the date of the decision being received.
An application for an Administrative Review must meet the following requirements to be valid:
- only one valid application for Administrative Review may be made per eligible decision, except where an application for Administrative Review results in a refusal for different reasons than those stated within the previous refusal decision notice – in this situation, the applicant will have the right to make an application for Administrative Review in relation to the new decision
- the application must be made in relation to an eligible decision
- the application must be made while the applicant is in the UK if it relates to an application made in the UK, and
- an application for Administrative Review may not be made if an applicant:
- has previously signed an Administrative Review waiver form in respect of the eligible decision, or
- makes a fresh application for entry clearance, leave to enter or leave to remain during the time within which an application for Administrative Review may be brought (including an out-of-time Administrative Review)
Below are some basic tips for requesting an Administrative Review:
- Act quickly. An individual has only 14/28 days from receiving a refusal to challenge a UKVI decision.
- Get professional assistance. An expert immigration solicitor understands the detail of the law and will formulate a strong case for your appeal.
- Provide documentation and supporting evidence. Ensure that you gather all pertinent information according to your solicitor’s advice.
- Be respectful and professional in all communications with UKVI.
- You will receive a response normally within 28 days.
Depending on the circumstances, requesting an Administrative Review can provide an opportunity for an individual to have a UKVI refusal overturned. Working with an expert immigration solicitor will ensure that the correct avenue is chosen, and the pertinent information is used to gain a reversal of an unfavourable response.
We’re Here to Help
At A Y & J Solicitors, we have been successful on AR application. We understand the devastating impact a UKVI refusal can have on your life. We’re immigration law experts who go the extra mile for our clients and always work for your successful outcome.
Our approach is to listen first. We will take the time to understand the UKVI decision made regarding your application and then decide the best course of action to take on your behalf. If this turns out to be Administrative Review, we will ensure the application is sent in on time, includes the reasons why the decision should be subject to a review and include any supporting documentation. For example, if UKVI has rejected your application for entry clearance because the person who reviewed your application failed to count the number of points eligible to you correctly, we can assist collating the relevant evidence to show that you do satisfy the points required for the particular visa.
If you’ve received a refusal, contact us today for a fair, honest evaluation of your situation. We’re here to help.
Disclaimer: No material/information provided on this website should be construed as legal advice. Readers should seek an appropriate professional advice for their immigration matters.