Successful Administrative Review – Explained
Applying for administrative review in the United Kingdom is a complex and often stressful process. But what will happen if your application is successful? This article dives into the UK’s administrative review system and outlines the potential outcomes of a successful application.
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Also read: What If My UK Immigration Administrative Review Is Unsuccessful?
For anyone considering an administrative review, understanding the possible outcomes is essential. A successful application will lead to more favourable immigration status for the applicant, resulting in permission to enter or stay in the country. On the other hand, an unsuccessful application could mean that current restrictions remain in place or you will have to leave the UK.
This article will provide detailed information about what happens when an application for UK administrative review is successful. We will look at how applications are processed and discuss how to prepare for a positive outcome. Finally, we’ll outline some of the benefits that may be available to those who receive approval from their review request.
The Administrative Review Process – An Overview
The immigration administrative review process is a formal way of challenging a UK government decision, on a immigration decision related to a series of visa routes. The process allows applicants to make their case once again to the Home Office and have their decision reconsidered. It’s important to note that the review is a separate process from appeal and judicial review.
When applying for an administrative review, applicants must provide information about why they disagree with the original decision. This must include the same evidence, arguments and legal precedents which need to be reconsidered. If successful, the Home Office will usually either overturn the original decision or reject it once again.
The outcome of an administrative review depends on many factors and each case is unique. However, success rates can vary depending on how well-prepared and supported an application is. With thorough research, attention to detail and effective representation, applicants can increase their chances of having their applications accepted.
What Are The Eligibility Criteria For Administrative Reviews?
Before deciding to apply for an administrative review, it is important to ensure that you are eligible. Generally speaking, any individual who has been issued a decision by a UK government department can request an administrative review if their refusal letter from the Home Office states it is applicable.
It is worth noting that while applicants do not need legal representation in order to submit their application, having professional guidance can be beneficial. This is because the process can be complex and a solicitor with experience in immigration law can provide invaluable advice on how best to prepare your application, as well as assistance with identifying the most suitable arguments and evidence.
The deadline for submitting an administrative review application is 14 days if you are in the UK and 28 days if you are outside.
Outcome Of Administrative Review Decision
Having submitted your application for administrative review, the next step is to wait for a decision to be made. During the assessment process, the Home Office will reconsider all of the evidence that you have presented and weigh up both sides of the argument before reaching a conclusion. Depending on the outcome of their deliberations, there are three possible outcomes.
If your application is successful, then the original decision made by the government department will be overturned.
On the other hand, if your application is unsuccessful then you may need to either accept this and process a new application, or find a way to appeal it under the grounds of human rights via a judicial review. However, it should be noted that this could involve additional costs and time investment – so it is important to weigh up all of your options carefully before proceeding further. Ultimately, it is up to you to decide which route you wish to take following an administrative review decision.
What Happens If My Administrative Review is Successful
Having had your administrative review application accepted is a great result and can remove any immigration obstacles in your path and allow you to continue with your ambition to enter and stay in the UK.
Once an administrative review has been successful, it will have a significant impact on the immigration status of an individual resulting in changes in the rights and privileges associated with a specific status. In addition, individuals may be able to apply for visas or permits that were previously unavailable to them due to their previous immigration status.
Timeframe To Expect Results
Once an administrative review application is submitted, it can take some time before the individual receives an outcome. It is important to understand that the Home Office or authority involved may be quite busy so the process may take some time. In many cases, this process can take several weeks or months. However, if the individual has provided all their information and documents promptly and accurately and there are not many application in the queue, then the process may be completed more quickly. Therefore, it is important for them to be proactive and ensure that any requests are acted upon quickly.
In conclusion, an administrative review is a way to challenge a UK immigration decision made by the UKVI (a visa department of the UK Home Office). It is important to make sure that you are eligible to apply for an administrative review before submitting your application. The outcome of the decision can be successful or unsuccessful and if successful. If the decision is unsuccessful, you may find ways to challenge the decision but it is recommended that you seek professional advice before doing so to see if you meet the criteria to do so. Finally, it is essential to be aware of the timeframe for when results should be expected as this will vary depending on individual cases and circumstances.
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Dr Bernard Andonian – the Co-Founder of Gulbenkian Andonian Solicitors, is an experienced Immigration Solicitor, former Judge, and recipient of a PhD in Law from the University of West London. He has over four decades of experience practising UK Immigration, Human Rights and Civil Litigation Law. He has served on the Law Society Immigration Law Panel, achieved numerous groundbreaking decisions in higher courts and is featured in the Legal 500’s Hall of Fame.