If your application for a UK visa is denied, if your permission is revoked when you get to the UK, or if you don’t agree with the terms of your permission, Highwood Solicitors can help. We are experts at giving advice about the possibility of administrative reviews and, when it makes sense, challenging decisions made by the Home Office through the administrative review process.
In this guide, we’ll talk about how immigration appeals and administrative reviews are different, who is eligible for administrative reviews, what the basis for administrative reviews is, and how to apply, including how long it takes and what could happen.
If you want to know more about immigration appeals to different tribunals or Judicial Reviews, check out the pages we have set up just for that.
Understanding Administrative Reviews
An administrative review is a way for applicants to challenge a Home Office immigration decision if they think it has one or more mistakes in the way it was done. But not every Home Office decision can be reviewed by the administration. This review is only for certain decisions that are eligible.
The main reason for an administrative review is that, according to the Immigration Rules, the Home Office made a mistake in the way it did something. When the Home Office gets a request for an administrative review, it will look at its decision again. If they find a relevant mistake in the way things are done, they will fix it.
For a full consultation about your administrative review application, please call Highwood Solicitors at +44 (0) 1206523714 or use our online form to get in touch with our expert immigration Solicitors.
Contrasting Administrative Reviews and Immigration Appeals
The Home Office’s visa and immigration decisions can be questioned through both administrative reviews and immigration appeals. But there are clear differences between them.
Not all visa and immigration decisions can be appealed, and not all decisions can be reviewed through administrative reviews. If the decision isn’t eligible for an administrative review, you can’t appeal to the First-tier Tribunal, and vice versa.
During an immigration appeal, the Home Office looks over the original decision again. If the appeal is upheld, the case will go before an independent judge at the First-tier Tribunal (Immigration and Asylum Chamber). This will probably be a verbal hearing, which will let more evidence be presented and witnesses testify.
On the other hand, administrative reviews are reviews done within the Home Office. This involves a paper review by a different Home Office team than the one that made the original decision.
Eligibility for Administrative Reviews
Not all decisions made by the Home Office can go through administrative reviews. It’s only for eligible decisions.
If the Home Office denies a main immigration application, it can be reviewed by the government. This is called an administrative review. These include applications from tiers like Tier 1 Investor, Skilled Worker, International Sportsperson, and many others. Also, certain applications under the EU Settlement Scheme are eligible for administrative reviews.
Human rights or protection claims, as well as certain other kinds of applications, are not eligible for administrative reviews, but they may have a right to appeal to the First-tier Tribunal (Immigration and Asylum Chamber).
If you aren’t sure if your decision is eligible for an administrative review, our skilled administrative review lawyers at Highwood Solicitors in London can talk to you about it.
Criteria for Administrative Reviews
The sole premise for an administrative review is a procedural error made by the Home Office, as laid down in the Immigration Rules.
Procedural Errors Explained
Administrative reviews address certain procedural errors like:
- Incorrect refusal based on allegations of deception.
- Mistakes in calculating the immigration leave period.
- Application of incorrect Immigration Rules.
… among others.
Administrative Review Application Procedure
Most applications for administrative review must be sent in online, as required by the Immigration Rules. The application fee is usually required, but there are some exceptions. Fill out all the parts of the online form that are required and send in the necessary documents.
Applications that aren’t complete will be thrown out. For a thorough approach, you might want to talk to a lawyer who specialises in administrative review.
The Home Office doesn’t look at new evidence unless it has a direct effect on the decision being looked at. Depending on your application category, the way you apply for an administrative review can be different. Contact our top administrative review lawyers at Highwood Solicitors in London if you need more help.
Deadline for Administrative Review Applications
If you live in the UK and asked to stay longer there, you have 14 days (or 7 if you were detained) from the time you get your decision letter or biometric residency permit to ask for an administrative review.
For people who sent their application from outside the UK, they have 28 days after getting the contested decision to ask for an administrative review.
Duration for Administrative Review Completion
At the moment, it takes at least 6 months for the Home Office to finish administrative review applications.
Costs Associated with Administrative Review
The Home Office charges £80 for a request for an administrative review. There are no extra fees for reviewing decisions about dependents who were listed in the original request.
Some candidates might be able to get out of paying this fee or get a discount on it.
If you have any questions or concerns about your administrative review, you can call Highwood Solicitors at +44 (0) 1206523714 or use our Online form.
Residential Status Post Administrative Review Submission
If you meet the deadline for your administrative review after the first decision, your immigration status stays the same until you hear the results of the administrative review.
When a person has overstayed their visa and correctly requests an administrative review, the Home Office won’t take action to remove them while the review is still going on.
Concurrent Applications and Their Impact on Administrative Review
If you submit a new application for entry clearance, permission to enter, or permission to stay while an administrative review is going on, the review will be seen as abandoned.
If a new request is made for any of the above and then a request for an administrative review of a previous decision is made, the request for an administrative review will be denied.
Potential Outcomes Post Administrative Review
Post the review process, there can be four possible outcomes:
- The Home Office acknowledges an error in the contested decision and retracts it.
- The Home Office refutes any errors and upholds the decision alongside its initial reasons.
- The decision stands, but some reasons for the decision might be retracted.
- The decision persists, but with revised or added explanations differing from the initial review.
Outcome of a Successful Administrative Review
If the Home Office finds a mistake in the original decision, it will look at whether fixing the mistake would change the first result. If the change makes the decision different, the original is revoked and the fee is returned. Most of the time, the Home Office will fix the error and make a new decision that is better for the applicant.
Outcome of an Unsuccessful Administrative Review
If the Home Office decides that the first decision was right, a notice explaining the decision is sent out. There is no way to change the result of an administrative review. Still, a judicial review or other legal action could be taken in some situations.
How Highwood Solicitors Can Assist
Immigration lawyers at Highwood Solicitors work directly with people and businesses, both in the United Kingdom and abroad, to put together top-tier applications for administrative review.
Highwood Solicitors can help you if you want to file an administrative review against a UK visa or immigration decision or if you have any other questions about these things.
With their deep knowledge of how to make successful applications for administrative review, our experts offer solutions that are unique to each client’s situation.