Following a visa refusal, you may be able to apply for an administrative review. An administrative review is a review of your visa application, carried out by a different Home Office official. New evidence cannot be submitted in support of an administrative review so this is only a suitable option if you believe that you submitted all the correct documentation but the Home Office made a mistake in refusing you a visa.
Decision eligible for admin review
- in country Tier 4 applications made on or after 20 October 2014 by either a main applicant or dependant
- in country Tiers 1, 2 or 5 applications made on or after 2 March 2015by either a main applicant or dependant, including indefinite leave to remain applications under those routes
- in country applications where the decision was made on or after 6 April, unless the applicant applied as a visitor or made a protection or human rights claim
and for which the outcome is that the application is either:
approved and a review is requested of the period or conditions of leave granted
Admin review on entry clearance refusal
For applicants overseas, an eligible decision is a decision to refuse an application for entry clearance made on or after 6 April 2015, unless the application short-term
- short term student made under part 3 of the Immigration Rules
- as a visitor
- a human rights claim
If you receive a visa refusal, please seek advice from us. Often, visa refusals and administrative reviews require in-depth knowledge of the current immigration rules and policies. We can help you to interpret your visa refusal notice and advise you on the grounds to apply for an administrative review.
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Frequently Asked Questions
How long will it take?
28 days. If it is going to take longer, you will be notified in writing.
What will happen to any immigration health surcharge (IHS) paid while an administrative review could be made?
If an IHS has been paid and the application was refused with a right of administrative review, the IHS will not be refunded during the period when an:
- in time administrative review may be made
- administrative review is under consideration
If an IHS has been paid and the application for leave was granted but for a shorter period than applied for, the IHS will be refunded for the period of leave which was not granted. Consequently, if the applicant makes an administrative review application and is granted an extra period of leave as a result, they must then pay the extra IHS. The Home Office will contact the applicant to request the IHS payment.
What happens if the administrative review is unsuccessful?
The applicant must leave the UK after they receive the administrative review decision if they do not have immigration leave.
Can applicants apply for administrative review and make a new application for entry clearance, leave to enter or leave to remain at the same time?
No. If an applicant makes an administrative review application and then makes a new application for entry clearance, leave to enter or leave to remain, the administrative review application will be treated as withdrawn.
If an applicant makes a new application for entry clearance, leave to enter or leave to remain and then makes an administrative review application in respect of a previous decision, the administrative review application will be rejected.
Can applicants who applied in country before administrative review was introduced also request an administrative review?
No. Applicants who made an in country Tier 4 application before 20 October 2014, or a Tier 1, 2 or 5 application before 2 March 2015, cannot request an administrative review.
Will immigration leave continue while the administrative review is being carried out?
If the applicant made an in time application, and has applied within the time limit for administrative review of the decision on that application, they continue to have immigration leave until they are served with notice of decision of the administrative review or they withdraw their application for administrative review.
What is the time limit for applying for administrative review in country?
It is14 calendar days from the date the applicant receives the decision notice or biometric residence permit (BRP) (7 calendar days if they are detained).
Will the person conducting the administrative review be the same person who made the initial decision?
No. Will the person conducting the administrative review be the same person who made the initial decision?
What does an administrative review do?
It will allow the applicant to raise any permitted case work error (defined in appendix AR of the Immigration Rules) that they think has been made on the application and, if an error has been made, have it corrected.
What fee is payable for an administrative review?
There is a fee of £80 for an administrative review
How will the applicant know they have a right to apply for an administrative review?
If the Home Office has refused an application, the decision notice will tell the applicant if they can apply for administrative review.
If the applicant thinks the Home Office has granted the wrong period or conditions of immigration leave they can apply for an administrative review.