An Administrative Review is a formal request that the Home Office reconsider an immigration decision where it is believed they made a mistake.
Contact our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form to discuss your options to overturn an immigration decision.
An Administrative Review is a formal request that the Home Office reconsider an immigration decision where it is believed they made a mistake. To request an Administrative, you must have received an ‘eligible’ decision from the Home Office. An administrative review may be requested, for example, if it is believed the case officer miscalculated the amount of time spent in the UK and refused to grant Indefinite Leave to Remain. It may also be requested if leave is granted, but the duration of that leave is too short, or if the conditions attached are incorrect.
It is only possible to apply for a Home Office administrative review in certain circumstances. Your decision letter from the Home Office will tell you if you have the right to request an administrative review.
It may be possible to request a Home Office administrative review if:
The Home Office guidance states that a person can request an administrative review from outside the UK if:
You can request an administrative review from inside the UK if your application was refused or if you wish to challenge the conditions or length of your leave, and it relates to a decision on a:
If you are unsure if you are eligible to submit an administrative review of your leave decision, our team of specialist immigration solicitors can check this for you. Speak to our immigration lawyers for a telephone consultation on 020 3744 2797 or by email at info@reissedwards.co.uk
If you are applying for an administrative review from outside the UK, you will need to complete the following steps:
If you are applying for an administrative review from inside the UK, you will need to complete the following steps:
If your leave application was approved by the Home Office, but you would like to challenge the conditions or duration attached to your leave, you will need to email the Home Office “admin review” team within 14 days of getting your biometric residence permit. The email to use is admin.review.enquiries@homeoffice.gov.uk.
There are several possible outcomes of an administrative review, including:
It is important to ensure the correct information is included in your administrative review application to achieve a successful outcome. Our team of specialist immigration solicitors can prepare your application for you and ensure that the mistakes made by the Home Office are clearly explained and any evidence provided.
Speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or by email at info@reissedwards.co.uk to enquire more about how we can help.
The current administrative review fee of £80. This is paid online when you prepare and submit the administrative review application form.
It can take up to 6 months (and even longer in some cases) to receive a decision from the Home Office on an administrative review according to the latest administrative review guidance. The Home Office advises that if a decision is not received within 3 months, they will contact you, providing an update.
It is important to bear in mind that even with a long delay in receiving your decision if your visa has expired, it is unlikely that you will be removed from the UK while you are waiting for your administrative review decision.
You should hold off making a new application until this process is completed if you wish to wait for a decision on your pending administrative review. The Home Office rules state that by making a fresh visa application, a pending administrative review is effectively withdrawn.
If your administrative review decision is overturned, your leave will be granted by the Home Office. If you challenged the expiry of your leave or the conditions granted and your application for administrative review is successful, these will be adjusted by the Home Office. In this case, the fee paid will also be refunded.
In most cases, it is not possible to apply for another administrative review. You may be able to submit a second or subsequent administrative review request at no cost, however, if the Home Office has added a new reason for the refusal of your leave application.
If your administrative review decision is maintained (i.e. it was not successful), our team of specialist immigration solicitors can challenge this with the Home Office on your behalf or recommend another course of action. Speak to our immigration lawyers for a free telephone consultation on 020 3744 2797 or by email at info@reissedwards.co.uk.
References
1 GOV.UK: Administrative Review application form (outside the UK)
2 GOV.UK: Administrative Review application form (inside the UK)