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Administrative Review for Tier 1 Investor Visa Refusal

Tier 1 Investor Visa Application Refused – How to do Administrative Review?

May 25, 2018
Last Updated on May 22, 2024

Tier 1 Investor Visa refusal is likely to come as an unexpected blow to you and your advisors. Most Tier 1 Investor Visa applicants have a wealth of contacts and a history of business dealings in the UK, and fully expect their visa application to progress without issue.

The United Kingdom undoubtedly provides lucrative investment opportunities for high-net-worth people who are looking for a suitable citizenship by investment program. As well as being the fifth largest economy in the world, the UK’s capital, London, is an international financial hub, rivalled only by New York. Britain’s close proximity to Europe, a market of 500 million also adds to its appeal, alongside its corruption-free society, and robust rule of law. In addition to all this, there are world renowned private schools and universities, a thriving property market and an abundance of sporting and cultural activities. The Tier 1 Investor Visas provides a route for those looking to obtain citizenship through investment. It is one of the most flexible Points-Based-System visas in the UK, for example, there are no English language requirements to meet, and applicants are free to work and study provided they invest the required £2 million. Read our success stories on investor visa where we help our clients with extension application.

For speed, the most advantageous solution for dealing with a refusal is to apply for an Administrative Review of UK Visas and Immigration’s refusal. Your UK-based legal advisor is perfectly placed to manage this process for you.

Client says, “Excellent Service

I will highly recommend anyone to contact him and get his/her application through him.

I know Yash from last six years, whenever I ask him advice he has always given me clear and correct advice, when you talk to him and listen to his advice all your tension and worries will go immediately. Visa processing is stressful as is filling out the application form and understanding the rules. It is all so complicated but when you go to Yash he will take all the stress from you and he will make sure that he will get things done. He is someone whom you can rely if there is something which cannot be done he will let you know and unlike other consultants, will not give you false hope and charge you money. Some might think he is slightly more expensive than market rate but the service he provides is worth the money he charges. I will highly recommend anyone to contact him and get his/her application through him”.

Administrative Review and the Tier 1 Investor Visa Route

If your Tier 1 Investor 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 Home Office guidance or has incorrectly assessed your supporting documents when reaching a decision about your application (such as calculating your points incorrectly), you can apply for an Administrative Review.

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. You will be eligible to submit an Administrative Review application if either:

  • The refusal of a Tier 1 Investor Visa was due to the caseworker relying on significant factual errors; or
  • The caseworker errors will have a detrimental impact on future immigration applications. For example, if UKVI accuses you of having submitted forged documents, this could have a catastrophic impact on your ability to apply for other visas, such as a Business Visitor Visa.

The Importance of Timing

An Administrative Review application must be submitted within 14 calendar days of you receiving the decision (28 days if you are not in the UK). Unless you can provide a good reason for not meeting these deadlines, UKVI will strictly adhere to them, and your opportunity for a review will be lost.

The Results of an Administrative Review

There are four possible outcomes to an application for Administrative Review as stated in the Immigration Rules, Appendix AR, para AR2.2. These are:

  • The application succeeds and the refusal is withdrawn, or
  • The application fails and the refusal remains in force and all of the reasons given for the refusal are maintained, or
  • The Administrative Review does not succeed and the refusal remains in force but one or more of the reasons given for the decision are withdrawn, or
  • The application fails and the eligible decision remains in force but with different or additional reasons to those specified in the decision under review—when this occurs, you will have the right to make an application for Administrative Review in relation to the new decision.

In summary

If your Tier 1 Investor Visa has been refused, it is crucial you act quickly to start the Administrative Review process. 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 making an application for Judicial Review.

Because the Tier 1 Investor Visa is part of the Points-Based-System, an appeal can only be made if you can show there are human rights grounds upon which to base it on. A 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 1 Investor Visa application.

Your immigration law advisors will carefully examine your application and its refusal and provide the best advice on how to have the negative decision turned around, so your Tier 1 Investor Visa is swiftly granted.

Client says, “Excellent work by Yash and his team.

Excellent work by Yash and his team.

I am very much happy to say about A Y & J Solicitors’ team that they were excellent in providing support in my Tier 1 Visa. Everything from the start till end was went so smoothly, They are highly professional and dedicated. They give you good advice and guide you to resolve your problem, I am very much thankful to Yash and his team for making my application process so fast and without any confusion”.

A Y & J Solicitors are specialists in immigration law based in central London. If you would like to have more information, 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.

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