Administrative Review
Administrative Review is a legal process through which you can challenge a decision made in your case and raise any working errors that may have resulted in your application being wrongly refused. At Legal Pathway Solicitors, our team of expert immigration lawyers can provide you with guidance and legal representation throughout the Administrative Review process.
Who Can Apply for Administrative Review?
Not everyone is eligible to apply for an Administrative Review. It will be indicated in your decision letter if it is an eligible decision for which you can apply for an Administrative Review. Typically, applications in the following visa categories will be given the right of Administrative Review upon refusal:
- Settled or Pre-Settled Status applications made under the EU Settlement Scheme on or after 1 November 2018;
- Skilled Worker (including Sponsor Licence applications);
- Tier 1 visas;
- Tier 5 visas;
- Frontier Worker;
- Student and Child Student;
- Points Based System dependents
- Decisions made at the border
What is the Time-Limit to Apply for Administrative Review?
The time limit to apply for an Administrative Review varies depending on your circumstances:
- If you are outside the UK, you will have 28 days to submit an Administrative Review;
- If you are within the UK, you will have 14 calendar days (if detained, you will have 7 calendar days);
- If the refusal is under the EU Settlement Scheme, you will have 28 calendar days from the date of the refusal letter.
What is the Cost of an Administrative Review Application?
You will need to pay £80 for Administrative Review applications. This fee will be refunded if the application is invalid or successful.
Can I Submit Further Documents or Fresh Evidence with My Administrative Review Application?
Unlike appeals, new evidence is not considered during the Administrative Review process. However, if your application was refused under the EU Settlement Scheme, you may be able to send new or fresh evidence to be considered by the Home Office UKVI in Administrative Review.
What is a Home Office Case Working Error?
A Home Office Case working error is where the original decision maker:
- Applied the wrong Immigration Rules;
- Misapplied the Immigration Rules;
- Has not considered all the evidence that was submitted as evidenced in the eligible decision;
- Failed to apply the SSHD’s relevant published policy and guidance concerning the application.
Our team of expert immigration lawyers at Legal Pathway Solicitors can advise and provide legal representation on the Administrative Review process. You can contact us through email at contact@legalpathway.co.uk or by telephone at 0203 004 9956. Our expert solicitors may pick up on other case working errors by perusing your refusal letter.
How Long Does the Review Take and When Do I Receive the Decision?
Usually, you should receive a decision within 28 calendar days. However, it can take much longer due to unforeseeable circumstances, like the recent pandemic. If your application has been outstanding for a long time or you have any further queries about the administrative review process, please contact us at 0203 004 9956 to speak to our expert immigration lawyers.
What are the Potential Outcomes of an Administrative Review?
The potential outcomes of an administrative review application can be as follows:
- The application succeeds, and the original decision is withdrawn;
- The application does not succeed, and the original decision is maintained;
- The application does not succeed, and the original decision remains in force, but one or more of the reasons given for the decision are withdrawn;
- The application does not succeed, and the original decision remains in force but with different or additional reasons to those specified in the decision under review.
What Can I Do if the Original Decision is Maintained?
If the Administrative Review is unsuccessful, you may be able to challenge the decision through a Judicial Review within three months of the decision. To calculate the three months deadline, please contact our expert solicitors, who will review the refusal letter and the decision to provide you with the best and most honest advice on whether you can challenge the decision further.
Can I Submit Another Visa Application Whilst My Administrative Review Remains Pending?
No. You cannot submit other visa applications if you have applied for an Administrative Review. If you make a new visa application while you have a pending Administrative Review, your application will automatically be withdrawn.
How Can Legal Pathway Solicitors Help Me in the Administrative Review Process?
Legal Pathway Solicitors has a team of specialist immigration lawyers who always act in your best interests. Client satisfaction is essential to us. We will discuss the case with you and assign you a qualified immigration lawyer who will address and thoroughly review your case. Our specialist immigration lawyers will assess your case, decide whether the application has prospects of success and advise you accordingly, discussing the best way forward. We can also help you prepare detailed grounds for your Administrative Review application. Approach us on 0203 004 9956.
