Administrative Review

What is an Administrative Review?

An Administrative Review is the process which allows applicants to challenge an eligible decision.

The review is carried out by a different person other than the original decision maker and from an independent team.

Who Can Apply for an Administrative Review?

An applicant who has received an adverse decision from the Home Office will be notified if they are eligible to apply for Administrative Review. Applications which are typically eligible (this list is not exhaustive) include:

• Skilled Worker visa (including dependants);
• Health and Care Worker visa (including dependants);
• Tier 1 (Entrepreneur) visa (including dependants);
• Tier 1 (Investor) visa (including dependants);
• Innovator Founder visa (including dependants);
• Global Talent visa (including dependants);
• Student visa (including dependants);
• Representative of an Overseas Business visa (including dependants);
• UK Ancestry visa (including dependants);
• Minister of Religion (T2) visa (including dependants); and
• International Sportsperson visa (including dependants).

How to Apply for an Administrative Review?

The Home Office decision letter will inform the applicant whether they have a right to an Administrative Review. .

The application for Administrative Review is made online. Applicants are required to pay the relevant fee and must apply before the relevant deadline.

When Must an Application for an Administrative Review be Submitted by?

Applications made outside the UK must be submitted within 28 days. Applications made from within the UK must submit within 14 days (or 7 days for applicants who are detained),

How Long Does it Take for a Decision to be Made?

Currently it is taking 6 months or more for applicants to receive a decision on their application for Administrative Review.

What is the Fee for an Administrative Review?

The fee for an Administrative Review is £80. This includes fee covers any dependant who were part of the application.

What Are the Possible Outcomes of an Administrative Review?

The relevant rules provide that there are 4 possible outcomes following an Administrative Review. These are as follows:

The outcome of an administrative review will be:

1. The Administrative review succeeds, and the eligible decision is withdrawn; or
2. The Administrative review does not succeed, and the eligible decision remains in force and all of the reasons given for the decision are maintained; or
3. The Administrative review does not succeed, and the eligible decision remains in force but one or more of the reasons given for the decision are withdrawn; or
4. The Administrative review does not succeed, and the eligible decision remains in force but with different or additional reasons to those specified in the decision under review.

If the outcome of an application is successful, and the decision overturned, an applicant will be granted the relevant leave they had applied for. The fee for the Administrative Review will be refunded.

If the outcome of an application is unsuccessful, and the decision to refuse an application is maintained, applicants generally are unable to submit a further Administrative Review challenge unless there have been new reasons to refuse added.

How We Can Help You

Our highly experienced team will provide expert advice and representation.

If you have any questions, please complete our online enquiry form or email us at [email protected]. Alternatively, you can call us on 01724 701111 and one of our experts will be happy to assist you.