Immigration Administrative Review Guidance & Representation

What is an Immigration Administrative Review in the UK?

By requesting an immigration administrative review, an immigration applicant (e.g. a work visa applicant) can formally raise a suspected case of work error with UKVI. During an administrative review, UKVI will review whether a mistake was made and if so, may correct the decision. The person reviewing the case will always be different to the original UKVI decision-maker.

It is important to understand that not all application decisions are eligible for an administrative review. Likewise, not all casework errors can be raised for administrative review.

What are the Advantages of an Immigration Administrative Review?

The advantages of the Immigration Administrative Review process in the UK include cost-effectiveness, as it typically costs less than reapplying for a visa. Additionally, an Administrative Review allows individuals to challenge a decision made by the UKVI without having to go through the full appeals process. Furthermore, applicants may be eligible for a fee waiver if they did not have to pay for the original application or if the fee was waived due to exceptional circumstances. Additionally, it allows for pinpointing errors made by immigration officials in the initial decision-making process and therefore increases the chances of success.

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

Both administrative reviews and immigration appeals are ways to challenge decisions made by the Home Office regarding visas and immigration. However, the right to appeal or apply for an administrative review depends on the specific decision being challenged. An immigration appeal is a review of a decision by the Home Office and, if they maintain their decision, it goes to a hearing before an independent judge. An administrative review is an internal review process by the Home Office, where a team independent from the original decision-making team reviews the case in paper form without an oral hearing and with limited opportunities to submit new evidence. The main difference is that an immigration appeal is a full reconsideration of the case by the Immigration Tribunal, while an administrative review is limited to determining if there was a case working error in the original decision.

Can I Request an Administrative Review?

Your UKVI decision letter will tell you if you have the right to request an administrative review. To request an administrative review, you must have received an “eligible decision”; this is determined by whether the decision was made within the UK (in-country), outside the UK, or at the border. 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

The administrative review guidance also states that only certain case worker errors can be raised. The list of these is long but includes errors such as:

• Refusal of entry on the grounds of providing false information when the information provided was correct
• Refusal on the grounds that an application was made outside the required time limit when it was actually made in time, or
• Where the caseworker incorrectly worked out the total continuous residence period.

How to Apply for an Immigration Administrative Review

If you have received a UKVI decision letter explaining that you have the right to request an administrative review, it will explain how and when you do so. The process of requesting an administrative review is as follows:

1. Complete the online administrative review application form – this must be done within 28 days if you are outside the UK or 14 days if you are in the UK.
2. Pay the administrative review application fee of £80.
3. Submit any evidence to support the administrative review – the application form you complete will explain whether you can provide new evidence to be reviewed by UKVI – this must be submitted to UKVI within 10 days of your administrative review application being submitted.

It is always advisable to engage with an immigration solicitor who can complete this process on your behalf. They understand the process and the forms of evidence that UKVI will accept to have your decision changed in your favour. 

At present, the administrative review process can take up to 6 months to complete or longer.