No one wants their visa to be refused. But this happens quite often for a variety of reasons. You normally feel disappointed if your application for entry clearance to the UK or permission to stay here is refused. But a refusal may not be the end of your possibility of getting your UK visa. Even after a refusal, you may have options of requesting an administrative review, lodging an appeal, and pursuing a judicial review. Sometimes, applying afresh can be the best choice. 

Administrative review (AR) is a legal process to challenge the Home Office’s decision if you believe there is a caseworker error in your application decision. AR is not a fresh application and does not allow to submit new evidence (except in very limited cases). If you prove to the Home Office through AR that there was a case worker error, you may be granted the visa you originally applied for.

Administrative review is only available where an 'eligible decision' (a type of immigration decision made by the Home Office that qualifies for Administrative Review) has been made. Administrative review will consider whether an ‘eligible decision’ is wrong because of a case working error and, if it is, correct that error. 

In this article, we have discussed the administrative review process step by step.

What is an Administrative Review?

AR is a process where the Home Office checks whether a caseworker made a mistake in the assessment of your application. It can also be used to challenge the decision when your visa has been approved, but you are not happy with the period or conditions of leave granted. However, you can request an administrative review only if you have been given the right to it. You will know about your right to administrative review in the visa decision letter sent by the Home Office.

The application must be for review of a decision to refuse entry clearance, permission to enter or stay, or a decision to cancel permission to enter or stay. Applications for review of decisions are not valid on all immigration routes, especially it must not relate to a decision taken under Appendix EU, Appendix EU (Family Permit), Appendix S2 Healthcare Visitor, or Appendix Service Providers from Switzerland.

The AR process is allowed only to check if the immigration rules were followed correctly while making the decision.

If the Home Office, during the review, finds a genuine error in its decision, it will usually approve your visa. However, it may also find a new reason for visa refusal.

If you believe the caseworker has made an error when assessing your visa application, you can apply for a UK administrative review. The caseworker error includes misapplication of Immigration Rules, incorrect consideration of evidence, misunderstanding of your circumstances, or failure to follow proper procedures.

Who can apply for an Administrative Review?

Usually, UK visas under the point-based system and other visa categories allow for administrative review where ‘appeal’ is not possible.

Below is the list of some of the visas where UK administrative review is possible. 

• UK Skilled Worker Visa

• Tier 1 Entrepreneur Visa

• Start-up Visa

• Youth Mobility Scheme

• Scale-up Worker Visa

• Global Talent Visa

• UK Ancestry Visa

• Student Visa

• Under the EUSS (EU Settlement Scheme) – Administrative review has been stopped and you are granted right of appeal from 04 April 2024 onwards. 

Step-by-step process for UK Administrative Review

The process starts with checking whether you are eligible for it. Your refusal decision letter will clearly state if you can apply for Administrative Review. AR is usually available for Points-based visa refusals (e.g., Skilled Worker) and some ILR refusals. It is not available for Family visas (these usually have a right of appeal instead).

You can then follow the steps below:

1. Read the refusal letter carefully

By reading the refusal letter yourself or through a legal expert, you will be able to identify the exact reasons for refusal and any errors in decision-making (e.g., incorrect calculation of points, missing documents that were actually submitted) 

Your entire AR success depends on spotting a caseworker error.

2. Apply within the deadline

You must apply within 14 days of getting the decision (if you applied inside the UK) and 28 days of getting the decision (if you applied outside the UK). If you were detained at border and refused entry, you must apply within 7 days.

If you make a late application, it may usually be rejected.

3. Prepare your grounds for Administrative Review

You must clearly explain the following:

• The exact mistake the Home Office made 

• Where did the error occur (rule, document, or calculation) 

• Why the Home Office decision is incorrect 

For example, you submitted a document, but the caseworker said you didn’t, there was an incorrect points calculation, or a misinterpretation of the Immigration Rules.

4. Submit the Administrative Review application

You will need to apply online through the UK government portal within the permitted timeline and pay £80 as an application fee. This is refunded if you succeed. 

You will need your GWF (Global Web Form) reference number (this was given to you when you first applied, and you can find it on letters and emails from the Home Office about your application), decision letter, and explanation of errors. 

5. Get a decision

Currently, it can take up to 12 months or more to get the result of the administrative review. The Home Office will contact you with an update if you do not get a decision on your application within 6 months. Importantly, your rights will not be impacted due to the delay in processing applications.

There are 3 possible outcomes you can get as a result of an administrative review:

1. Decision Overturned

This means your refusal is corrected, and your visa application may be approved. 

2. Original decision maintained

This means no error was found, and thus refusal stands. 

3. Decision withdrawn and reconsidered – a new decision is made

This means your case is re-evaluated, and you may get an entirely new decision.

Please note that you are not allowed to request a second review (unless the result of the administrative review found new reasons for refusal). Your decision email or letter will tell you if you can apply for a second review. If you’re not eligible for a second AR, your options usually are to submit a fresh application (with stronger evidence) or consider a Judicial Review (if the decision is unlawful or irrational).

Withdraw your request

If you apply for any other immigration or visa, your administrative review request will be withdrawn (cancelled).

On the other hand, if you ask for a review of a previous decision after submitting a new application, your request will be rejected.

You can send an email to the Home Office and ask for your request for a review to be withdrawn. You will not get your application fee refunded.

How to apply for Administrative Review if your visa was cancelled at the UK Border?

You can request an administrative review if your visa was cancelled because there has been a change in your circumstances, you provided false information, or you failed to include relevant facts.

If you were granted temporary admission to the UK, you must apply for a review within 14 days of the cancellation of your visa, or you must apply within 7 days if you were detained on the same date when your visa was cancelled. Do this from the UK.

If your visa was refused at the Border Controls outside the UK 

“Border Controls Outside the UK” simply means locations outside the UK where UK immigration checks can happen before you physically arrive in the UK. For example, UK border control posts at overseas airports, seaports, or train terminals. These border controls can refuse your entry to the UK before you even board a flight or ferry bound for the UK.

In this scenario, if you have the right to an AR, you must apply within 28 days of your visa being cancelled in Paris, Brussels, Dunkirk, Coquelles, Calais, or Lille. 

You should usually get a decision in 28 days or more.

How can Visa and Migration help?

Visa and Migration can help you with an Administrative Review because the AR process focuses strictly on identifying case working errors, not re-arguing your application. We understand the UK Immigration Rules, Home Office guidance, and how they assess your application. After your application for an entry clearance to the UK or permission to stay here has been refused, we can help you with reviewing the refusal letter to pinpoint mistakes, followed by preparing strong legal arguments, and avoiding irrelevant claims that may lead to further refusal. We also make sure you submit the application within the deadlines, and your application is clear and precise. This, in turn, helps increase your chances of success and helps you avoid wasting time on weak or incorrect grounds for review.

For precise and focused queries, you can call us at +44 (0)20 3411 1261 or write to info@visaandmigration.com.