Can I Apply for an Administrative Review of the Home Office Decision to Refuse a Visa?
When you get the disappointing news that the Home Office has said no to your UK visa application it can take time to take the decision on board but immigration solicitors warn that time is not something that you have a lot of if you want to challenge the refusal of your visa application and apply to the Home Office for an administrative review.
In this article our immigration lawyers look at when you can apply for an administrative review and offer best tips on making an administrative review application.
UK Online and London Immigration Solicitors
The immigration rules on administrative reviews
The immigration rules on administrative reviews are now contained in one place: immigration rules Appendix AR: administrative review.
Although the immigration rules on administrative reviews are in one appendix, they are still a bit of a minefield to navigate and understand. Immigration solicitors emphasise that you don’t have the luxury of time to get to grips with the administrative review rules when you have had a visa application refused by the Home Office.
Administrative review time limits
You must apply for an administrative review within the Home Office imposed time limits. They are:
- 28 days of getting the decision to refuse your visa application if you applied for the visa from outside the UK or
- 14 days of getting the decision to refuse your visa application if you applied for the visa from within the UK.
- 14 days of being notified about the visa conditions or the length of your visa if you made your visa application from within the UK and you are not happy with the visa length or conditions.
- 7, 14 or 28 days of your visa being cancelled at the border, depending on your circumstances.
Whether it is 7, 14 days or 28 days it is not a great deal of time to decide if you want to challenge the Home Office decision and take specialist legal advice.
At OTS Solicitors, our individual immigration lawyers are used to receiving late instructions from those who have had their visas refused because they either did not get immigration legal advice or did not instruct a specialist immigration solicitor. It is always best to instruct an immigration expert from the outset to avoid the need for an administrative review application, or to at least give your new immigration solicitor as much time as possible to present the best possible administrative review application to the Home Office.
The best advice is that if you need help with an administrative review application get specialist legal advice. Call us today on 0203 959 9123.
How do I know if I can apply for an administrative review?
If your UK visa application is refused, the Home Office will explain the reasons for the refusal in a refusal letter. The letter should state if you have a right to apply for an administrative review of the decision.
If you are not sure of your administrative review or appeal rights take urgent legal advice.
Who can apply for an administrative review of a Home Office decision?
Not all visa refusals can be subject to an administrative review application. The Home Office should let you know in the refusal letter if you can apply for an administrative review. If you can't apply for an administrative review, you may be entitled to appeal against the Home Office decision. Alternatively, your best option may be to apply again for the visa after taking expert immigration legal advice or apply for a different type of visa where you do clearly meet the eligibility criteria.
What happens in an administrative review?
An administrative review is conducted by a Home Office official and they will decide whether the decision to refuse your visa application, or impose conditions, or not give you a visa for the requested length, or the cancellation of your visa at the border, was wrong because of a case working error. The Home Office official will look at whether the original Home Office caseworker made the right decision on the basis of your original application. That is why it is best that you make sure a specialist immigration solicitor advises you on how to present your original visa application and what supporting documents to submit.
Can I stay in the UK whilst the Home Office decide my administrative review application?
If you apply for administrative review from within the UK you can normally stay in the UK whilst your administrative review application is considered. It can take a number of months for a decision. You won't be able to leave the UK and then return to the UK whilst your application for a review of a visa refusal is pending. If you do leave the UK whilst you have a pending administrative review application the Home Office will treat the application as withdrawn. In addition, if you apply for a different type of visa whilst you have a pending administrative review application the Home Office will treat the administrative review application as withdrawn.
Urgent immigration and administrative review advice
At OTS Solicitors we are used to ‘dropping everything’ to help with a late visa application or to deal with an application for an administrative review from someone who has not previously sought our expert immigration help. Whilst we will always react quickly and efficiently, the more time you give us to prepare your visa application or administrative review request the better for your case.
UK Online and London Based Immigration Solicitors