Administrative Review Guidance

What is an Administrative review?

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.

Who can apply for an administrative review?

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:

• Your application for leave was refused
• You were granted limited leave to enter or remain rather than indefinite leave to enter or remain
• Leave has been cancelled

The Home Office guidance states that a person can request an administrative review from outside the UK if:

• They made their application from outside the UK
• Their application was refused after 5^th April 2015
• They do not have a right to appeal against the decision
• They did not apply for a short term student visa, a visitor visa, or make a human rights claim

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:

• Student, child student, or a parent of a child student visa
• A skilled worker or their dependent partner/child visa
• Minister of Religion or their dependent partner/child visa
• Sportsperson visa or their dependent partner/child visa
• Representative of an overseas business or their dependent partner/child visa
• Global mobility visa or their dependent partner/child visa
• A person with UK ancestry or their dependent partner/child visa
• A person on a global talent visa or their dependent partner/child visa
• A person on a start-up visa or their dependent partner/child visa
• A person on an innovator visa or their dependent partner/child visa
• A temporary worker visa

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

How to apply for an immigration administrative review

If you are applying for an administrative review from outside the UK, you will need to complete the following steps:

1. Complete and submit the online administrative review application form¹ within 28 days of receiving your decision (within your application, you will need to explain the mistakes you believe have been made and provide evidence why these are incorrect)
2. Pay the administrative review fee.
3. Once your decision has been submitted, it will be checked based on the mistakes you outlined in your application.

If you are applying for an administrative review from inside the UK, you will need to complete the following steps:

1. Complete and submit the inside UK online administrative review application form² within 14 days of receiving your decision (within your application, you will need to explain the mistakes you believe have been made and provide evidence why these are incorrect).
2. Pay the administrative review fee.
3. Once your decision has been submitted, it will be checked based on the mistakes you outlined in your application.

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:

• The decision is withdrawn
• The decision remains
• The decision remains, but one or more of the reasons for refusal are removed
• The decision remains, but new reasons for refusal are added

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.

How much does it cost to apply for an administrative review?

The current administrative review fee of £80. This is paid online when you prepare and submit the administrative review application form.

How long does it take to get an administrative review decision?

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.

Can you apply for another visa during the administrative review process?

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.

What if your administrative review decision is overturned?

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.

What if your administrative review decision is maintained?

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)