UK Visa Administrative Review
What is an Administrative Review?
If you have been refused a UK visa, an Administrative Review is a way to challenge the decision of the Home Office. You application will be reviewed by a Home Office official. However, it is important to note that you cannot submit any new evidence in order to challenge the decision or fulfill the shortcomings at the time of the application.
An Administrative Review differs from appealing a visa decision under the Right of Appeal. While an appeal is considered by the court, an Administrative Review is considered by the Home Office. An Administrative Review allows you to challenge errors or mistakes made by the Home Office, rather than to challenge the reasoning behind a refusal. Furthermore, there is no Right of Appeal for many visa categories - such as the UK entrepreneur visa - which means that an Administrative Review is your only option in these cases.
Applying for an Administrative Review of a Visa Decision
The process of reviewing a visa decision differs depending on if you’re outside the UK, in the UK, or if your visa was cancelled at the border. If your visa application is refused, you will receive a notice from the Home Office outlining why this decision was taken and whether you have the option of an Administrative Review of the decision.
Administrative Review from Outside the UK
Your refusal letter will state whether you can ask for the decision on your visa application to be reviewed. This means that you can apply for an Administrative Review, subject to the following conditions being fulfilled:
Your visa application was refused on - or after - 6th April 2015
You’re based outside the UK and applied from there
You have no Right of Appeal against the refusal
An Administrative Review can be sought within 28 days of getting the refusal decision. The decision will be revisited for any errors in the review application. No new information or documents can be submitted, unless you’ve been asked to submit them. The process for applying for an administrative review consists of:
Receiving the Administrative Review Request Notice
Completing and sending the Request Notice
The result of the Administrative Review will be communicated to you within 28 days. You can’t request a second review - unless the result of the review found new reasons why you were refused a visa. However, if you believe that the review was not carried out correctly you may be able to apply for a Judicial Review.
Administrative Review from Inside the UK
If you have not been granted Right of Appeal, you can seek Administrative Review from inside the UK. The time limit to apply for an Administrative Review is within 14 days of getting the decision. If you’ve been detained, apply within 7 days. The cost for this process is £80.
As with applying from outside the UK, the result of the review will be communicated to you within 28 days. It is not possible to have a second Administrative Review, unless the result included new reasons why you were refused a UK visa.
Even if your visa has expired, you won’t usually be removed from the UK until the outcome of the Administrative Review has been decided.
Other Administrative Review Circumstances
If your visa was cancelled at the border
You can ask for the decision to be reviewed if your visa was cancelled at the border for one or more of the following reasons:
- There has been a change in your circumstances
- You gave false information
- You failed to include relevant facts in the application
If you were given temporary admission to the UK
The time limit to apply for an administrative review is within 14 days of getting the decision. If you’ve been detained, you’ll need to apply within 7 days. The application needs to be made from within the UK.
If your visa was cancelled at border controls outside the UK
An administrative review within 28 days of your visa cancellation can be sought in any of the following cities:
The result of the administrative review will be communicated to you within 28 days. Note that you can’t request a second review unless the result of the first review found new reasons why you were refused.