Tier 2 General Visa Refused? – Advantages of Applying for an Administrative Review
Tier 2 Visa been refused? It is becoming more common for talented, skilled employees to be denied entry into the UK. This is frustrating, not only for the applicant but also for the Sponsor Licence holder in the UK, who may be counting on a non-EEA national with their respective skills to help grow their business.
There are many reasons why Tier 2 Visa applications are refused by UK Visas and Immigration. The British government has a policy of bringing down net migration to under 100,000. And to achieve this aim, targets for visa refusals are often those applying for business visas.
Common reasons for Tier 2 Visas being refused include:
- the correct supporting documentation is missing
- a mistake on the application form
- no Certificate of Sponsorship or the salary offered is too low
- the applicant has a poor immigration history
The smallest error or omission will be pounced on by caseworkers reviewing your application. Therefore, to avoid having your application rejected, it is worth investing in quality legal advice to ensure your submission to UKVI is correct. This can save a lot of money, time, and reduce stress trying to challenge a refusal.
My Tier 2 Visa has Been Refused – Can I Apply for an Administrative Review?
If your Tier 2 Visa has been refused, and you believe caseworkers have made the decision because of a factual error, e.g. the caseworker has made a mistake in applying the immigration rules and/or the Tier 2 guidance, or has incorrectly assessed your supporting documents when reaching a decision about your application (such as calculating your points incorrectly), you may be able to apply for an Administrative Review.
Cost-effective and quick (decisions are usually made within 28 days), an Administrative Review provides an advantageous way to challenge a visa refusal.
The reasons for your rejected application and instructions on how to apply for an Administrative Review will be contained in the refusal letter you receive from UKVI. Even if you do not believe a caseworker based their decision on a factual error, it is best to seek the advice of an immigration lawyer. They can quickly identify situations in which the Home office guidance or Immigration Rules have not been followed.
According to Home Office guidance, Administrative Review will only consider if there are case working errors, which are specified in AR2.11(a)-(d) and AR2.12 of Appendix AR of the Immigration Rules. These include, but are not limited to:
- The decision to refuse was based on an incorrect ruling that the application was not submitted within the required time period.
- The decision-maker did not apply the relevant Home Office’s policy or guidance notes in relation to the application.
- The Immigration Rules were incorrectly applied.
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How do I Apply for an Administrative Review if my Tier 2 Visa is Refused?
If UKVI refuses your application for a Tier 2 Visa, they must send you a letter giving the reasons why and informing you if you have a right to apply for an Administrative Review.
You need to be aware of the time limits for making an application for Administrative review. You will have 28 days if you applied for a Tier 2 Visa (this is reduced to 14 days if you were already in the country when you applied).
When applying for an Administrative Review, you need to state clearly why your application was refused and what mistake/s you believe the caseworker made when reviewing your documents/submission. The refusal letter will tell you what form to send the application in, i.e. by email or post. Make sure you comply with this and all other instructions.
You should not include new documents or information unless it is requested by UKVI.
If your application for Administrative Review of your Tier 2 Visa is refused, your next option is to apply for a Judicial Review. An experienced immigration lawyer can assist you with this process.
If your Tier 2 Visa has been refused, it is crucial you act quickly to commence the Administrative Review process. We have brought many successful results for our clients. If an Administrative Review does not elicit a positive result, you will need to talk with an immigration lawyer and examine your options. These include submitting a fresh application or a Judicial Review.
Because the Tier 2 Visa is part of the Points-Based-System, an appeal can only be made if you can show there are human rights grounds upon on which it can be based. Judicial Review is a method of last resort; however, it can lead to the court quashing the refusal decision and ordering UKVI to reconsider your Tier 2 Visa application.
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.