Tier 4 Student Visa Refused? An Administrative Review Can Help
The United Kingdom is a prime location for those wanting to receive a top-class education. Familiar school names such as Eton and Harrow, alongside well-known universities such as Oxford, Cambridge, and The London School of Economics draw international students by the thousand to Britain every year. To enter the UK as a foreign student, those from outside the European Economic Area must obtain a Tier 4 Student Visa.
Being refused a UK Student Visa is devastating. All the excitement of coming to a new country to study the course of your dreams can be ruined at the stroke of an Entry Clearance Officer’s pen. Some foreign officials have even gone as far as to complain about the British government’s refusal to grant Tier 4 Visas to its youth. In August 2018, Pakistan’s new High Commissioner to the United Kingdom Sahebzada Ahmed Khan, vowed to take up the plight of his country’s youth being refused visas with the Home Office, stating: “Our students face extreme difficulties in obtaining visas for the UK. I will be interacting with the UK government to find out the problems to know what the reasons behind mass refusals are. This will be amongst my priorities”.
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One way to challenge a student visa refusal is via Administrative Review.
What is an Administrative Review?
An Administrative Review is the process of challenging a decision by an Entry Clearance Officer or a caseworker on the grounds that they made a procedural error when assessing your application. Examples include:
- They have made a mistake in applying the Immigration Rules or guidance when dealing with your application
- They incorrectly calculated your points
- They miscalculated the amount of money you have to support yourself and/or the time you have previously spent in the UK
- It is alleged you have breached immigration laws when this is untrue
- You are falsely accused of submitting false documents or failing to disclose material facts
- They did not use the “Evidential Flexibility” policy and contact you to request further documents in certain situations, for example, a document you sent in was a copy rather than an original or the document was submitted in the wrong format.
How can I apply for an Administrative Review?
If your Tier 4 Student Visa application has been refused, the Home Office must accompany the notice of refusal with a letter setting out the reasons for not granting leave to remain and information about applying for Administrative Review.
Note the time limit: you must make an application for Administrative Review within 14 days of the date of refusal.
A valid Administrative Review application must meet the following requirements:
- Only one Administrative Review application can be made per decision, unless an application for AR results in a refusal for different reasons than those stated within the previous refusal decision notice
- The application must relate to the refusal
- If the application has been made while you are in the UK, you must be in Britain when you apply for Administrative Review
- You should not have signed an Administrative Review waiver form or make a fresh application for entry clearance or leave to remain within the 14-day period in which Administrative Review can be applied for
The fee for an Administrative Review is £80. This will be refunded if your application is successful. Applications are made online and whilst you await a decision, you have the right to remain in the UK.
If your application for Administrative Review is successful, the Home Office will withdraw the original decision to refuse your application and you should then be granted leave to remain and be issued with a Biometric Residence Permit (BRP) visa card.
How can A Y & J Solicitors Help with an Administrative Review Application?
A Y & J Solicitors have a strong track record of successfully advising and representing student visa applicants in Administrative Reviews. Thanks to our experience in immigration law matters, we can quickly establish if a Tier 4 Student Visa refusal has grounds for Administrative Review. We can then submit the applications, clearly outlining where the decision maker erred. Our lawyers will ensure the application is submitted correctly and all the supporting documentation required to back up the Administrative Review challenge is presented in the correct format.
Don’t let a Tier 4 Student Visa refusal ruin your dreams of studying in the UK. Administrative review is a fast, cost-effective method of having an immigration refusal reversed. Contact one of our team and we will take the time to review the reasons for the refusal and advise you on the best options going forward.
A Y & J Solicitors are specialists in immigration law based in central London. If you would like more information about challenging a Tier 4 Student Visa refusal via Administrative Review, please contact us at [email protected] or call +44 20 7404 7933.
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.