If you've received an unfavourable decision from UK Visas and Immigration (UKVI) that you believe is erroneous, an administrative review could provide recourse. It offers an avenue for requesting UKVI (a division of the UK Home Office) to reassess an immigration application decision. The administrative review holds significance alongside other options like appealing, reapplying, and seeking a judicial review. This article delves into the circumstances warranting an administrative review, the application procedure, and the benefits of section 3C leave during the review process.

 

Understanding Immigration Administrative Review in the UK

 

An immigration administrative review allows applicants, such as those applying for work visas, to formally address suspected errors in UK Visas and Immigration (UKVI) decisions. During this process, UKVI reviews the case to ascertain any mistakes and, if identified, may rectify the decision. Notably, the reviewer is distinct from the initial UKVI decision-maker.

However, it's crucial to note that not all application decisions qualify for administrative review, and not all casework errors are eligible for this process.

 

Benefits of Immigration Administrative Review in the UK

 

The Immigration Administrative Review process in the UK offers several advantages. Firstly, it is cost-effective compared to reapplying for a visa, making it an affordable option. Additionally, it allows individuals to challenge UKVI decisions without undergoing the entire appeals process, saving time and resources. Furthermore, applicants may qualify for a fee waiver under specific circumstances, reducing financial burdens. Moreover, administrative review enables the identification of errors in the initial decision-making process, thereby enhancing the likelihood of a successful outcome.

 

What Is the Main Difference Between an Administrative Review and an Immigration Appeal?

 

When challenging decisions made by the Home Office regarding visas and immigration, the main difference between an administrative review and an immigration appeal lies in their scope and process. An immigration appeal involves a thorough reconsideration of the case by an independent judge at the Immigration Tribunal if the Home Office maintains its decision. Conversely, an administrative review is an internal process conducted by the Home Office, where a separate team reviews the case in writing without an oral hearing and limited opportunities for new evidence submission. While an immigration appeal offers a comprehensive review, an administrative review focuses solely on identifying potential case working errors in the original decision.

 

 

Applications that are typically eligible for an immigration administrative review include (this list is not exhaustive):

·       Dependant visas

·       Visa application mistakes

·       EU Settlement Scheme (EUSS) Application Refusal

·       Global Talent visas

·       Points based system dependent applications;

·       Start-up and Innovator visas

·       Overseas Business visa extensions

·       Student, child student, and parent of a child student applications

·     Tier 1, Tier 2, Tier 5, Skilled Worker visas, Health & Care worker visas, Sportsperson visas, Minister of  Religion visas

·       UK Ancestry visas

 

Applications that are not eligible include:

·       Appendix EU (Family Permit)

·       Human rights claims

·       Leave to remain outside the Immigration Rules (LOTR)

·       No time limit (NTL)

·       PBS routes before administrative review commenced

·       Protection claims

·       Transfer of conditions (TOC)

·       Visitor

 

If you've received a UKVI decision letter allowing you to request an administrative review, follow these steps:

·     Complete the online administrative review application form within 28 days (if outside the UK) or 14 days (if in the UK).

·       Pay the £80 administrative review application fee.

·       Submit any supporting evidence within 10 days of submitting your administrative review application.

 

Why Choose Visas 24/7?

 

Benefit from over 23 years of expertise with our dedicated team of lawyers. We provide personalised guidance throughout your application journey, ensuring all necessary documentation is in order and your application package is meticulously prepared. With us, you'll experience seamless communication as we handle all interactions with the Home Office, keeping you informed at every step.