Administrative Review

Administrative Review

Administrative Review is a possible remedy to challenge a UK visa refusal.

Awards and Accreditations

Administrative Reviews Guidance

Administrative Review is the first option available when your Points-Based-System application gets refused. Certain other visa categories outside the Points-Based System such as Returning Resident Visas can also be challenged by way of Administrative Review if you have received a refusal.

Our expert lawyers have an in-depth understanding of the Administrative Review process. We can assist you with the correct application procedure, drafting persuasive arguments in support of the Administrative Review and ensuring UK Visas and Immigration (UKVI) know exactly why an Administrative Review is being requested, so they can focus on correcting the relevant issue.

Our legal team will take the time to carefully examine why your visa application was refused and advise you on the best course of action to take.

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 and concise manner.

What Is Administrative Review?

Administrative Review is a process in which people can challenge the refusal of their UK visa application on the basis that the decision is incorrect due to a case working error.

An Administrative Review is conducted by a separate team that is independent of the original decision maker. We will provide you with all the information you need to fully understand the Administrative Review process.

How Do I Apply for an Administrative Review?

If UKVI refused your entry clearance or leave to remain application, the refusal will include a written notice concerning your eligibility for Administrative Review. The notice will include information on how to apply for Administrative Review and the deadline for making an application.

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:

  • Outline the case working error made by the decision-maker; and
  • Submit your completed form in the prescribed method as stated in the refusal letter.

We will assist you in examining the reasons for the refusal and put together a detailed covering letter explaining the points that need to be reviewed with reference to applicable case law, the immigration rules and UKVI policy guidance.

Because an Administrative Review is conducted on the refused submission,  you cannot submit fresh evidence with the Administrative Review application. However, if more documentation is requested by UKVI or the Home Office, we will assist you to organize it.

The Advantages of an Administrative Review Application

One of the key advantages of the Administrative Review process is that it is a cost-effective method of challenging a UK visa refusal. If you are challenging an in-country refusal the fee is £80. If you are challenging an entry clearance refusal, there is no fee.

The key to ensuring an Administrative Review is successful is to identify the case working error made by immigration officer deciding your application and clearly explaining this 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 after receiving an Administrative Review, our lawyers can 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 Sterling Immigration to Manage Your Administrative Review?

The legal team at Sterling Immigration, have a wealth of experience in assisting applicants in making Administrative Review applications. We have a proven track record of assisting applicants to successfully challenge and overturn negative decisions made by UKVI or the Home Office.

For further information, please schedule a consultation.

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