Administrative Review

If your visa application is refused, you may be given a right to submit an administrative review. This is not an appeal and it is not an alternative to an appeal.

The difference between an appeal and administrative review.

An appeal is considered by the court, by an independent judge, ie independent from the Home Office who made a decision to refuse your application.

An administrative review is considered by the Home Office, i.e. by the same organisation who refused your application, but by a different caseworker. A review is designed to judge whether the original decision was wrong, such as if a visa officer did not follow the Rules correctly. For example, we had a case of a spouse of a UK citizen where Financial Requirement under Category B was not calculated according to the Appendices FM ad FM- SE, it was clearly (to us) a calculation error, resulting from the visa officer applying the method of calculation incorrectly. The Home Office, i.e. UK Visas and Immigration does make mistakes and human errors, so an administrative review is the way to correct those. It is much harder to challenge the refusals, which were based on the balance of probabilities or genuineness, such as a genuine Entrepreneur or genuine relationship.

We at 1st 4Immigration have to assess the refusal first and decide whether there is a reasonable chance of administrative review to be successful. If we believe that your visa refusal was within the Rules then it would be more appropriate to submit a fresh application, addressing the reasons of refusal.

Processing time for a review is also shorter than for an appeal, the difference can be several month, thus giving the migrant less time to prepare a “Plan B” while remaining in the UK.

What is your status while appealing or waiting for a review to be considered?

If you submit your application for an appeal, or for an administrative review, on time, i.e. within the deadline given to you in the refusal letter (usually 14 days), then your immigration status remains in the same category as you had before you made the “refused” application. This is assuming you made that application on time or within 28 days after your previous visa expired. The former is under the Section 3C of “The Act” and the latter is under the Immigration Rules, which allow for 28 days overstaying.

For example, if you had a Tier 4 visa expiring on 1 September 2015 and submitted a Tier 2 application on 31st August 2015. It took the UKVI until 1 October 2015 to make a decision, so your status until then remains as Tier 4 (by virtue of the so called Section 3C leave). The decision is a refusal but you are given 14 days to submit an administrative review, which you have done, i.e. submitted it on time. Your status continues as Tier 4 for as long as the review will take. If you win your review then from the date of “winning” your status will change to Tier 2. If you lose it then your Tier 4 status will stop on the date of refusal and you would have 28 days to either make a fresh application (such as correcting the reasons of refusal or applying under a different category, i.e. as s spouse of a UK citizen) or to leave the country.

Can I choose between an appeal and administrative review?

Unfortunately, no, you can’t. Some visa categories allow for the right of appeal but most don’t. From 2 March 2015 there is no longer a right of appeal under the Points-Based System categories, such as Tier 1 (Entrepreneur). Appeals for Tier 4 students have been stopped in 2014.  

Appeals are still available for decisions for spouses and partners of the UK citizens and for most EEA law applications, such as for a Residence Card for a spouse of an EEA citizen or for permanent residency.

British Citizenship: there is neither appeal nor administrative review. There is a process of reconsideration and it is up to the UKVI staff discretion. It is not an official process written in theRules.

Contact us oninfo@1st4immigration.com or book our Advice Session.