If your visa application has been refused you might want to ask for the decision to be reviewed. This is what is known as an administrative review.
In the administrative review the refusal decision will either be overturned or maintained. It is important to raise the right legal grounds in an application for administrative review. It is therefore critical that you retain a specialist immigration lawyer to prepare and file your application for administrative review.
1. If you are outside the UK
You can only ask for an administrative review if your application was refused and all of the following apply:
♠ you’re outside the UK
♠ you applied outside the UK
♠ you applied to work or study in the UK under a Skilled Worker Visa, Global Talent Visa, Start up and Innovator Visa, Tier 1 (investor), Tier 1 (Entrepreneur), Tier 1 (Exceptional Talent), Tier 2 (General), Tier 2 (ICT), Tier 4 or Tier 5 visa
After receiving your visa refusal decision you have 28 days to apply for an administrative review. It is therefore advisable to get legal advice and representation as soon as possible because your lawyer will also need time to review your case and file it. These policy guidance notes explain how to file for the administrative review of your visa refusal.
The decision will be checked for unlawful errors and omissions that are highlighted in the administrative review application. Any new information or documents will not be accepted for the purpose of review unless these have been requested. A decision on the administrative review application is given within 28 days.
Because you cannot request a second review of the decision, you must get a specialist lawyer to prepare and file your application in order to increase your prospect of success and to avoid any disappointment.
2. If you are in the UK
You can ask for your application to be reviewed if any one of the following are relevant:
♠ your application was refused
♠ your application was granted but you are satisfied with the amount or conditions of your leave
When you can ask for a review depends on what visa you have applied for.
Tier 1, 2 and 5 visas
You can only ask for an administrative review if all of the following apply:
♠ you’re currently in the UK
♠ your application to work in the UK under a Tier 1, 2 or 5 visa was refused – or it was granted and you’re not satisfied with the amount or conditions of your leave
♠ you applied on or after 2 March 2015
♠ you think the Home Office made a mistake and didn’t follow the rules properly
You may be able to appeal to the tribunal if you applied before 2 March 2015.
Tier 4 visas
You can only ask for an administrative review if all of the following apply:
♠ you’re currently in the UK
♠ your application to study in the UK under a Tier 4 visa was refused – or it was granted and you’re not satisfied with the amount or conditions of your leave
♠ you applied on or after 20 October 2014
♠ you think the Home Office made a mistake and didn’t follow the rules properly
You may be able to appeal to the tribunal if you applied before 20 October 2014.
In any case, you must apply for an administrative review within 14 days of getting the refusal decision. If however you have been detained, you must apply within 7 days. The fee for administrative review is £80.
You must send an email to the Home Office if your application was granted but you’re not satisfied with the amount or conditions of your leave: admin.review.enquiries@homeoffice.gsi.gov.uk
The decision will be checked for the unlawful errors or omissions that you or your lawyers highlight. No new information or documents will be acceptable unless specifically required.
You’ll usually receive the result of the administrative review within 28 days. You can’t request a second review (unless the result included new reasons why you were refused). It is therefore important to get specialist legal advice and representation to help prepare and file your application for increased prospects of success.
If your visa has expired, you wouldn’t normally be deported from the UK until your review has been completed.